835 1 9S~ 003
Friday
September 29, 1995
Part XIV
Environmental
Protection Agency
Final National Pollutant Discharge
Elimination System Storm Water Multi-
Sector General Permit for Industrial
Activities; Notice
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5O804
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
ENVIRONMENTAL PROTECITON
AGENCY
[FRL-5298-3]
Final National Pollutant Discharge
Elimination System Storm Water Multi-
Sector General Permit for Industrial
Activities
AGENCY: Environmental Protection
Agency.
SUMMARY: The following provides notice
for a final NPDES general permit,
accompanying response to comments,
and fact sheets for storm water
discharges associated with industrial
activity in the following Regions:
Region I—the States of Maine,
Massachusetts, and New Hampshire;
Federal Indian Reservations located in
Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, and
Vermont; and Federal facilities located
in Vermont.
Region II—the Commonwealth of
Puerto Rico and Federal facilities
located in Puerto Rico.
Region III—the District of Columbia
and Federal facilities located in
Delaware and the District of Columbia.
Region IV—the State of Florida.
Region V—no areas.
Region VI—the States of Louisiana,
New Mexico, Oklahoma, and Texas, and
Federal Indian Reservations located in
Louisiana, New Mexico (except Navajo
Reservation lands, which are handled
by Region IX, and Ute Mountain
Reservation lands, which are handled
by Region VEH and are not being covered
by this permit), Oklahoma, and Texas.
Region VII—no areas.
Region VIII—no areas.
Region IX—the State of Arizona; the
Territories of Johnston Atoll, and
Midway and Wake Islands; all Federal
Indian Reservations located in Arizona,
California, and Nevada; those portions
of the Duck Valley, Fort McDermitt, and
Goshute Reservations located outside
Nevada; those portions of the Navajo
Reservation located outside Arizona;
and Federal facilities located in
Arizona, Johnston Atoll, and Midway
and Wake Islands.
Region X—the State of Idaho; Federal
Indian Reservations located in Alaska,
Idaho (except Duck Valley Reservation
lands, which are handled by Region IX),
Oregon (except Fort McDermitt
Reservation lands, which are handled
by Region IX), and Washington; and
Federal facilities located in Idaho, and
Washington.
The permit covers storm water
discharges associated with industrial
activity to waters of the United States,
including discharges through large and
medium municipal separate storm
sewer systems, and .through other
municipal separate storm sewer
systems. The permit is intended to cover
discharges from the following types of
industrial activities: lumber and wood
products facilities; paper and allied
products manufacturing facilities;
chemical and allied products
manufacturing facilities;rasphalt paving
and roofing materials manufacturers and
lubricants; stone, clay, glass and
concrete products facilities; primary
metals facilities; metal mines (ore
mining and dressing); coal mines; oil
and gas extraction facilities; nonmetallic
mines and quarries; hazardous waste
treatment, storage or disposal facilities;
landfills, land application sites and
open dumps; automobile salvage yards;
scrap and waste material processing and
recycling facilities; steam electric power
generating facilities; railroad
transportation facilities, local and
suburban transit and interurban
highway passenger transportation
facilities, petroleum bulk oil stations
and terminals, motor freight
transportation facilities and U.S. Postal
Service facilities; water transportation
facilities; ship or boat building/repair
facilities; airports; wastewater treatment
plants; food and kindred products
facilities; textile mills, apparel and other
fabric manufacturing facilities; furniture
and fixture manufacturing facilities;
printing and publishing facilities;
rubber and miscellaneous plastic
product and miscellaneous
manufacturing facilities; leather tanning
and finishing facilities; facilities that
manufacture fabricated metal products,
jewelry, silverware, and plated ware;
facilities that manufacture
transportation equipment, industrial, or
commercial machinery; and facilities
that manufacture electronic equipment
and components, photographic and
optical goods. Military installations
must comply with the permit and
monitoring requirements for all sectors
that describe industrial activities that
such installations perform. Publication
of this final general permit, fact sheets,
and response to comments complies
with the requirements of 40 Code of
Federal Regulations (CFR) 124.10.
The language of the permit is
provided as an appendix to the
preamble of this notice. Most conditions
of the general permit are intended to
apply to all permittees, unless stated
otherwise. Where conditions vary by
State, these differences are indicated in
the appendix.
ADDRESSES: Notices of Intent (NOIs) to
be covered under this permit arid
Notices of Termination (NOT) to
terminate coverage under this permit
must be sent to Storm Water Notice of
Intent (4203), 401 M Street, SW.,
Washington, DC 20460. The complete
administrative record is available
through the Water Docket MC-4101,
Environmental Protection Agency, 401
M Street SW, Washington DC 20460. A
reasonable fee may be charged for
copying. Each Regional office (see
. addresses listed in Part VI.G. of this fact
sheet) has an index of the complete
administrative record.
DATES: This general permit shall be
effective on September 29,1995.
Deadlines for submittal of Notices of
Intent (NOIs) are provided in Section
H.A. of the general permit. Today's
general permit also provides additional
dates for compliance with the terms of
the permits and for submitting
monitoring data where required.
FOR FURTHER INFORMATION: For further
information on the NPDES storm water
general permit, contact the appropriate
EPA Regional Office. The name, address
and phone number of the EPA Regional
Storm Water Coordinators are provided
in Part VI.G. of the fact sheet.
Organization of Today's Permit
Today's permit covers storm water
discharges from a wide variety of
industrial activities. Because the
conditions which affect the presence of
pollutants in storm water discharges
vary among industries, today's permit
contains industry-specific sections that
describe the storm water pollution
prevention plan requirements, the
numeric effluent limitation
requirements and the monitoring
requirements for that industry. These
industry-specific sections are contained
in Part XI of today's permit and are
described in Part VQT of this fact sheet.
There are also a number of permit
requirements that apply to all
industries. These requirements may be
found in Parts I through X. They include
the general coverage discussion, the
Notice of Intent requirements and
standard permit conditions.
Specifically, Parts I through VII of this
fact sheet describe these common
requirements. The following is an
outline of this fact sheet.
I. Background
II. Types of Discharges Covered
A. Limitations on Coverage
III. Pollutants in Storm Water Discharges
Associated with Industrial Activities in
General
IV. Summary of Options for Controlling
Pollutants
V. The' Federal/Municipal Partnership: The
Role of Municipal Operators of Large and
Medium Municipal Separate Storm
Sewer Systems
VI. Summary of Common Permit Conditions
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50805
A. Notification Requirements
1. Contents of NOIs
2. Deadlines
3. Municipal Separate Storm Sewer System
Operator Notification
4. Notice of Termination
B. Special Conditions
1. Prohibition of Non-storm Water
Discharges
2. Releases of Reportable Quantities of
Hazardous Substances and Oil
3. Co-located Industrial Facilities
C. Common Pollution Prevention Plan
Requirements
1. Pollution Prevention Team
2. Description of Potential Pollution
Sources
3. Measures and Controls
4. Comprehensive Site Compliance
Evaluation
D. Special Requirements
1. Special Requirements for Storm Water
Discharges Associated with Industrial
Activity through Large and Medium
Municipal Separate Storm Sewer
Systems
2. Special Requirements for Storm Water
Discharges Associated with Industrial
Activity from Facilities Subject to
EPCRA Section 313 Requirements
3. Special Requirements for Storm Water
Discharges Associated with Industrial
Activity from Salt Storage Facilities
4. Consistency With Other Plans
B. Monitoring and Reporting Requirements
1. Analytical Monitoring Requirements
2. Compliance Monitoring
3. Alternate Certification
4. Reporting and Retention Requirements
5. Sample Type
6. Representative Discharge
7. Sampling Waiver
8. Quarterly Visual Examination of Storm
Water Quality
9, SARA Title III, Section 313 Facilities
F. Numeric Effluent Limitations
1, Industry-specific Limitations
2, Coal Pile Runoff
G. Regional Offices
1. Notice of Intent Address
2. Address for Other Submittals
' H. Compliance Deadlines
Vn. Cost Estimates For Common Permit
Requirements
A. Pollution Prevention Plan
Implementation
B. Cost Estimates for EPCRA Section 313
C. Cost Estimates for Coal Piles
D. Cost Estimates for Salt Piles
Vni. Special Requirements for Discharges
Associated with Specific Industrial
Activities
A. Storm Water Discharges Associated
With Industrial Activity From Timber
Products Facilities
1. Discharges Covered Under This Sector
2. Industry Profile/Description of Industrial
Activities
3. Pollutants Contributing to Storm Water
Contamination
4. Options for Controlling Pollutants
S. Special Conditions
6. Storm Water Pollution Prevention Plan
Requirements
7. Monitoring and Reporting Requirements
B. Storm Water Discharges Associated
With Industrial Activity From Paper and
Allied Products Manufacturing Facilities
1. Discharges Covered Under This Section
2. Industry Profile
3. Pollutants in Storm Water Discharges
Associated With Industrial Activity
From Paper and Allied Product
Manufacturing Facilities
4. Options for Controlling Pollutants
5. Special Conditions
6. Storm Water Pollution Prevention Plan
. Requirements
7. Numeric Effluent Limitation
8. Monitoring .and Reporting Requirements
C. Storm Water Discharges Associated
' With Industrial Activity From Chemical
and Allied Products Manufacturing
Facilities
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water
Discharges
3. Options for Controlling Pollutants
4. Special Conditions
5. Storm Water Pollution Prevention Plan
Requirements
6. Numeric Effluent Limitations
7. Monitoring and Reporting Requirements
D. Storm Water Discharges Associated
• With Industrial Activity From Asphalt
Paving and Roofing Materials
Manufacturers and Lubricant
Manufacturers
1. Discharges Covered Under This Section
2. Pollutants in Storm Water Discharges
Associated with Asphalt Facilities and
Lubricant Manufacturers
3. Options for Controlling Pollutants
4. Storm Water Pollution Prevention Plan
Requirements
5. Numeric Effluent Limitations
6. Monitoring and Reporting Requirements
E. Storm Water Discharges Associated With
Industrial Activity From Glass, Clay,
Cement, Concrete, and Gypsum Product
Manufacturing Facilities
1. Discharges Covered Under This Section
2. Pollutants in Storm Water Discharges
Associated with Glass, Clay, Cement,
Concrete, and Gypsum Product
Manufacturing
3. Options for Controlling Pollutants
4. Special Conditions
5. Storm Water Pollution Prevention Plan
Requirements
6. Numeric Effluent Limitations
7. Monitoring and Reporting Requirements
F. Storm Water Discharges Associated With
; Industrial Activity From Primary Metals
Facilities
1. Discharges Covered Under This Section.
2. Industry Profile
3. Pollutants Found in Storm Water
Discharges
4. Options for Controlling Pollutants
5.'Special Conditions
6. Storm Water Pollution Prevention Plan
Requirements
7. Monitoring and Reporting Requirements
G. Storm Water Discharges Associated
With Industrial Activity From Metal
Mining (Ore Mining and Dressing)
Facilities
1. Industrial Profile
,2. Pollutants Found in Storm Water
Discharges From Metal Mining
3. Options for Controlling Pollutants from
Metal Mines
4. Discharges Covered Under This Section
5. Storm Water Pollution Prevention Plan
Requirements
6. Monitoring and Reporting Requirements
7. Numeric Effluent Limitations
H. Storm Water Discharges Associated
With Industrial Activity From Coal
Mines and Coal Mining-Related
Facilities
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water
Discharges
3. Options for Controlling Pollutants
4. Storm Water Pollution Prevention Plan
Requirements
5. Numeric Effluent Limitation
6. Monitoring and Reporting Requirements
I. Storm Water Discharges Associated With
Industrial Activity From Oil and Gas
Extraction Facilities
1. Industry Profile
2. Pollutants in Storm Water Discharges
Associated with Oil and Gas Facilities
3. Options for Controlling Pollutants
4. Special Conditions
5. Storm Water Pollution Prevention Plan
Requirements
6. Numeric Effluent Limitation
7. Monitoring and Reporting Requirements
]. Storm Water Discharges Associated With
Industrial Activity From Mineral Mining
and Processing Facilities
1. Industry Profile
2. Pollutants in Storm Water Discharges
Associated with Mineral Mining and
Processing Facilities
3. Options for Controlling Pollutants
4. Storm Water Pollution Prevention Plan
Requirements
5. Numeric Effluent Limitation
6. Monitoring and Reporting Requirements
7. Definitions
K. Storm Water Discharges Associated
With Industrial Activity from Hazardous
Waste Treatment, Storage, or Disposal
Facilities
1. Industry Profile
2. Pollutants in Storm Water Discharges
Associated With Hazardous Waste
Treatment, Storage, or Disposal Facilities
3. Pollutant Control Measures Required
Through Other EPA Programs
4. Options for Controlling Pollutants
5. Storm Water Pollution Prevention Plan
Requirements
6. Numeric Effluent Limitations
7. Monitoring and Reporting Requirements
8. Region-specific Conditions
L. Storm Water Discharges Associated With
Industrial Activity From Landfills and
Land Application Sites
1. Industry Profile
2. Potential Pollutant Sources and Options
for Controlling Pollutants at Landfill and
Land Application Sites
3. Pollutant Control Measures Required by
Other EPA Programs
4. Storm Water Pollution Prevention Plans
Requirements
5. Monitoring and Reporting Requirements
M. Storm Water Discharges Associated
With Industrial Activity From
Automobile Salvage Yards
1. Industry Profile
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
.. Pollutants in Storm Water Discharges
Associated with Automobile Salvage
Yards
3. Options for Controlling Pollutants
4. Pollutant Control Measures Required
Through Other EPA Programs
5. Storm Water Pollution Prevention Plan
Requirements
6. Monitoring and Reporting Requirements
N. Storm Water Discharges Associated
With Industrial Activity From Scrap
Recycling and Waste Recycling Facilities
1. Industry Profile
2. Pollutants Found in Storm Water
Discharges
3. Options for Controlling Pollutants
4. Discharges Covered under this Section
5. Special Conditions
6. Storm Water Pollution Prevention Plan
Requirements
7. Monitoring and Reporting Requirements
O. Storm Water Discharges Associated
With Industrial Activity From Steam
Electric Power Generating Facilities,
Including Coal Handling Areas
1. Industrial Profile
2. Pollutants in Storm Water Discharges
Associated With Steam Electric Power
Generating Facilities
3. Pollutant Control Measures Required
Under Other EPA Programs
4. Storm Water Pollution Prevention Plan
Requirements
5. Numeric Effluent Limitations
6. Monitoring and Reporting Requirements
P. Storm Water Discharges Associated With
Industrial Activity From Motor Freight
Transportation Facilities, Passenger
Transportation Facilities, Petroleum
Bulk Oil Stations and Terminals, Rail
Transportation Facilities, and United
States Postal Service Transportation
Facilities
1. Discharges Covered Under This Section
2, Pollutants Found in Storm Water
Discharges from Vehicle and Equipment
Maintenance and Cleaning Operations
3. Options for Controlling Pollutants
4. Pollutant Control Measures Required
Through Other EPA Programs
5. Special Conditions
6. Storm Water Pollution Prevention Plan
Requirements
7. Monitoring and Reporting Requirements
Q. Storm Water Discharges Associated
With Industrial Activity From Water
Transportation Facilities That Have
Vehicle Maintenance Shops and/or
Equipment Cleaning Operations
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water
Discharges
3. Options for Controlling Pollutants
4. Pollutant Control Measures Required
Through Other EPA Programs
5. Special Conditions
6. Storm Water Pollution Prevention Plan
. Requirements
7. Monitoring and Reporting Requirements
R. Storm Water Discharges Associated
With Industrial Activity From Ship and
Boat Building or Repairing Yards
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water
Discharges
3. Options for Controlling Pollutants
4. Pollutant Control Measures Required
Through Other EPA Programs
5. Special Conditions
6. Storm Water Pollution Prevention Plan
Requirements
7. Numeric Effluent Limitation
8. Monitoring and Reporting Requirements
S. Storm Water Discharges Associated With
Industrial Activity From Vehicle
Maintenance Areas, Equipment Cleaning
Areas, or Deicing Areas Located at Air
Transportation Facilities.
1. Discharges Covered Under This Section.
2. Pollutants Found in Storm Water
Discharges.
3: Special Conditions.
4. Storm Water Pollution Prevention Plan
Requirements.
5. Numeric Effluent Limitation.
• 6. Monitoring and Reporting Requirements.
T. Storm Water Discharges Associated
With Industrial Activity From Treatment
Works.
1. Discharges Covered Under this Section.
2. Industry Profile.
3. Pollutants Found in Storm Water
Discharges From Treatment Works.
4. Options for Controlling Pollutants.
5. Special Conditions.
6. Storm Water Pollution Prevention Plan
Requirements.
7. Monitoring and Reporting Requirements.
U. Storm Water Discharges Associated
With Industrial Activity From Food and
Kindred Products Facilities.
1. Discharges Covered Under this Section.
2. Industry Profile.
3. Pollutants in Storm Water Discharges
Associated with Food and Kindred
Products Processing Facilities.
4. Options for Controlling Pollutants.
5. Storm Water Pollution Prevention Plan
Requirements.
6. Monitoring and Reporting Requirements.
V. Storm Water Discharges Associated
With Industrial Activity From Textile
Mills, Apparel, and Other Fabric Product
Manufacturing Facilities.
1. Discharges Covered Under this Section.
2. Pollutants in Storm Water Discharges
Associated with the Manufacture of
Textile Products.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan
Requirements.
6. Monitoring and Reporting Requirements.
W. Storm Water Discharges Associated
With Industrial Activity From Wood and
Metal Furniture and Fixture
Manufacturing Facilities.
1. Discharges Covered Under This Section.
2. Industry Profile.
3. Pollutants in Storm Water Discharges
Associated with Furniture and Fixtures
Manufacturing Facilities.
4. Options for Controlling Storm Water
Pollutants.
5. Storm Water Pollution Prevention Plan
Requirements.
6. Monitoring and Reporting Requirements.
X. Storm Water Discharges Associated
With Industrial Activity From Printing
and Publishing Facilities.
1. Industry Profile.
2. Pollutants Found in Storm Water
Discharges from Printing and Publishing
Facilities.
3. Options for Controlling Pollutants.
4. Storm Water Pollution Prevention Plan
Requirements.
5. Monitoring and Reporting Requirements.
Y. Storm Water Discharges Associated
With Industrial Activity From Rubber,
Miscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries.
1. Discharges Covered Under This Section.
2. Pollutants Found in Storm Water
Discharges.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan
Requirements.
6. Numeric Effluent Limitations.
7. Monitoring and Reporting Requirements.
Z. Storm Water Discharges Associated
With Industrial Activity From Leather
Tanning and Finishing Facilities.
1. Discharges Covered Under This Section.
2. Pollutants found in Storm Water
Discharges from Leather Tanning
Operations.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan
Requirements.
6. Numeric Effluent Limitations.
7. Monitoring and Reporting Requirements.
AA. Storm Water Discharges Associated
With Industrial Activity From Fabricated
Metal Products Industry.
1. Discharges Covered under this Section.
2. Industrial Profile.
3. Storm Water Sampling Results.
4. Options for Controlling Pollutants.
5. Special Conditions.
6. Storm Water Pollution Prevention Plan
Requirements.
7. Numeric Effluent Limitations.
8. Monitoring and Reporting Requirements.
AB. Storm Water Discharges Associated
With Industrial Activity From Facilities
That Manufacture Transportation
Equipment, Industrial, or Commercial
Machinery.
1. Industry Profile.
2. Pollutants Found in Storm Water
Discharges From Facilities Which
Manufacture Transportation Equipment,
Industrial or Commercial Machinery.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan
Requirements.
6. Numeric Effluent Limitation.
7. Monitoring and Reporting Requirements.
AC. Storm Water Discharges Associated
With Industrial Activity From Facilities
That Manufacture Electronic and
Electrical Equipment and Components,
Photographic and Optical Goods.
1. Discharges Covered Under This Section.
2. Pollutants Found in Storm Water
Discharges.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan
Requirements.
6. Numeric Effluent Limitations.
7. Monitoring and Reporting Requirements.
DC. Paperwork Reduction Act
X. 401 Certification.
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50807
Region I
Region II
Region III
Region IV
Region VI
Region DC
Region X
XI. Regulatory Flexibility Act
XII. Unfunded Mandates Reform Act
I. Background
In 1972, the Federal Water Pollution
Control Act (also referred to as the Clean
Water Act (CWA)) was amended to
provide that the discharge of any
pollutant to waters of the United States
from any point source is unlawful,
except if the discharge is in compliance
with a National Pollutant Discharge
Elimination System (NPDES) permit.
For a number of reasons, EPA and
authorized NPDES States have failed to
issue NPDES permits for the majority of
point source discharges of storm water.
Recognizing this, Congress added
section 402(p) to the CWA in 1987 to
establish a comprehensive framework
for addressing storm water discharges
under the NPDES program. Section
402(p)(4) of the CWA clarifies the
requirements for EPA to issue NPDES
permits for storm water discharges
associated with industrial activity. On
November 16,1990 (55 FR 47990 as
amended at 56 FR 12100, Mar. 21,1991;
56 FR 56554, Nov. 5,1991; 57 FR 11412,
Apr. 2,1992; 57 FR 60447, Dec. 18,
1992), EPA published final regulations
which defined the term "storm water
discharge associated with industrial
activity." These regulations also set
forth NPDES permit application
requirements for storm water discharges
associated with industrial activity and
storm water discharges from certain
municipal separate storm sewer
systems. The regulations presented
throe permit application options for
storm water discharges associated with
Industrial activity. The first option was
to submit an individual application
consisting of Forms 1 and 2F. The
second option was to become a
participant in a group application. The
third option was coverage under a
general permit in accordance with the
requirements of an issued general
permit.
The promulgation of today's general
permit is in response to the second of
these three options. Group applications
wero submitted in two parts. Part 1 of
the application was due by September
30,1991, and part 2 of the application
was due by October 1,1992. In part 1
of tho application, all participants were
identified and information on each
facility was included, such as industrial
activities, significant materials exposed
to storm water, and material
management activities. For part 1 of the
application, groups also identified
sampling subgroups to submit sampling
data for part 2. Over 1,200 groups with
over 60,000 member facilities submitted
part 1 applications. Upon review of the
part 1 application, if the EPA
determined that the application was an
appropriate grouping of facilities with
complete information provided on each
participant, and a suitable sampling
subgroup was proposed, the application
wasapproved.
Part 2 of the application consisted of
sampling data from each member of the
sampling subgroup identified in part 1
of the application. In drafting today's
general permit, EPA reviewed both parts
of the applications and formulated the
permit language noticed today. NPDES
authorized States were provided the
data from the group applications.
Authorized NPDES States may propose
and. finalize either individual permits
for each facility included in the
application located in the State, or
general permits, if the State has general
permit authority.1 If the State feels
additional information is needed from
the applicants, the State may ask each
or any of the applicants for more
information on their facility and/or
discharge.
EPA estimates that about 100,000
facilities nationwide discharge storm
water associated with industrial activity
(not including oil and gas exploration
and production operations) as described
under phase I of the storm water
program. The large number of facilities
addressed by the regulatory definition of
"storm water discharge associated with
industrial activity" has placed a
tremendous administrative bvfrden on
EPA and States with authorized NPDES
programs to issue and administer
permits for these discharges.
To provide a reasonable and rational
approach to addressing this permitting
task, the Agency has developed a
strategy for issuing permits for storm
water discharges associated with
industrial activity. In developing this
strategy, the Agency recognized that the
CWA provides flexibility in the manner
in which NPDES permits are issued,2
1 As of December 1993, 39 of the 40 NPUES
authorized State permitting programs had the
authority to issue general permits.
2The court in NBDC v. Train, 396 F.Supp. 1393
P.D.C. 1975) off d, NBDC v. Costle, 568 F.2d 1369
(D.C.Cir. 1977), has acknowledged the
administrative burden placed on the Agency by
requiring permits for a large number of storm water
discharges. The courts have recognized EPA's
discretion to use certain administrative devices,
such as area permits or general permits, to help
manage its workload. In addition, the courts have
recognized flexibility in the type of permit
conditions that can be established, including the
use ,qf requirements for best management practices.
and has used this flexibility to design a
workable permitting system. In
accordance with these considerations,
the permitting strategy (described in
more detail in 57 FR 11394) describes a
four-tier set of priorities for issuing
permits for these discharges:
Tier I—Baseline Permitting—One or
more general permits will be developed
to initially cover the majority of storm
water discharges associated with
industrial activity.
Tier II—Watershed Permitting—
Facilities within watersheds shown to
be adversely impacted by storm water
discharges associated with industrial
activity will be targeted for individual
or watershed-specific general permits.
Tier III—Industry-Specific
Permitting—Specific industry categories
will be targeted for individual or
industry-specific general permits.
Tier TV—Facility-Specific
Permitting—A variety of factors will be
used to target specific facilities for
individual permits.
The general permit accompanying this
fact sheet will continue Phase 1
permitting activities for storm water
discharges associated with industrial
activity by providing industry-specific
coverage to group applicants in the
following areas: the States of Arizona,
Florida, Idaho, Louisiana, Maine,
Massachusetts, New Hampshire, New
Mexico, Oklahoma, and Texas; the
District of Columbia; Johnston Atoll,
and Midway and Wake Islands; the •
Commonwealth of Puerto Rico; Federal
Indian Reservations in Alaska, Arizona,
California, Connecticut, Idaho,
Louisiana, Maine, Massachusetts,
Nevada, New Hampshire, New Mexico,
Oklahoma, Oregon, Rhode Island,
Texas, Utah (only the Navajo and
Goshute Reservations), Vermont, and
Washington; and Federal facilities
located in Arizona, the Commonwealth
of Puerto Rico, the District of Columbia,
Delaware, Idaho, Johnston Atoll,
Midway and Wake Islands, Vermont,
and Washington.3 EPA will provide
today's permit to the NPDES authorized
States and encourages such States to
consider this permit for their permitting
needs. ,
II. Types of Discharges Covered
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
3 In 5 of the 40 States that are authorized to issue
NPDES permits for municipal and industrial
sources, EPA issues permits for discharges from
Federal facilities. EPA also retains authority to issue
permits on Federal Indian Reservations. However,
this fact sheet only addresses general permits as
radicated above. Where EPA is the permit issuing
authority for other storm water discharges, either
individual permits or a different general permit will
be issued. - '
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
definition of "storm water discharge
associated with industrial activity"
which addresses point source
discharges of storm water from eleven
major categories of industrial activities.
Industrial activities from all of these
categories with the exception of
construction activities participated in
the group application process. The
information contained in the group
applications indicates that type and
amount of pollutants discharged in
storm water varies from industrial
activity to industrial activity because of
the variety of potential pollutant sources
present in different industrial activities,
as well as the variety of pollution
prevention measures commonly
practiced by each of the regulated
industries. To facilitate the process of
developing permit conditions for each
of the 1200 group applications
submitted, EPA classified groups into 29
industrial sectors where the nature of
industrial activity, type of materials
handled and material management
practices employed were sufficiently
similar for the purposes of developing
permit conditions. Each of the industrial
sectors were represented by one or more
groups which participated in the group
application process. Table 1 lists each of
the industrial activities covered by
today's permit, and the corresponding
sections of today's fact sheet and permit
which discuss the specific requirements
for that industry. EPA has further
divided some of the 29 sectors into
subsectors in order to establish more
specific and appropriate permit
conditions, including best management
practices and monitoring requirements.
Coverage under today's general permit
is available to storm water discharges
from industrial activities represented by
the group application process. However,
coverage under this permit is not
restricted to participants in the group
application process. To limit coverage
under this general permit only to those
who participated in the Group
application process would not be
appropriate for administrative,
environmental, and national
consistency reasons. The administrative
burden for EPA to develop separate
general permits for non-group members
would be excessive, unnecessary, and
wasteful of tax dollars. EPA would also
need to use the same information in the
development of such permits. The
permits would be essentially the same.
The time spent in this process would
leave many facilities unregulated for
some number of additional months.
This would not address the
environmental concerns of the Clean
Water Act. Likewise, group members are
not precluded from seeking coverage
under other available storm water
permits such as EPA's "baseline"
general permits for Storm Water
Discharges Associated with Industrial
Activity, (57 FR 41175 and 57 FR
44412). Group members must consider,
however, that the deadlines for
preparing and implementing the
pollution prevention plan required
under the baseline permit have already
expired for existing facilities. Therefore,
group members that seek coverage
under the baseline general permit must
have a pollution prevention plan
developed and implemented prior to
NOI submittal.
Unlike the baseline general permits,
today's permit does not exclude all
storm water discharges subject to
effluent limitation guidelines. Four
types of storm water discharges subject
to effluent limitation guidelines may be
covered under today's permit if they are
not already subject to an existing or
expired NPDES permit. These
discharges include contaminated storm
water runoff from phosphate fertilizer
manufacturing facilities, runoff
associated with asphalt paving or
roofing emulsion production, runoff
from material storage piles at cement
manufacturing facilities and coal pile
runoff at steam electric generating
facilities. The permit does not, however,
authorize all storm-water discharges
subject to effluent guidelines. Storm
water discharges subject to effluent
guidelines under 40 CFR part 436 or for
mine drainage under 40 CFR part 440
are not covered under today's permit
nor are discharges subject to effluent
guidelines for acid or alkaline mine
drainage under 40 CFR part 434.
TABLE 1 .—INDUSTRIAL ACTIVITIES COVERED BY TODAY'S GENERAL PERMIT
Industrial activity
Timber Products Facilities
Paper and Allied Products Manufacturing Facilities
Chemical and Allied Products Manufacturing Facilities
Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers
Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities
Primary Metals Facilities
Metal Mining (Ore Mining and Dressing) Facilities
Coal Mines and Coal Mining-Related Facilities
Oil and Gas Extraction Facilities
Mineral Mining and Processing Facilities
Hazardous Waste Treatment, Storage, or Disposal Facilities
Landfills and Land Application Sites
Automobile Salvage Yards
Scrap and Waste Recycling Facilities
Steam Electric Power Generating Facilities, Including Coal Handling Areas
Vehicle Maintenance or Equipment Cleaning Areas at Motor Freight Transportation Fa-
cilities, Passenger Transportation Facilities, Petroleum Bulk Oil Stations and Termi-
nals, Rail Transportation Facilities, and the United States Postal Service.
Vehicle Maintenance Areas and/or Equipment Cleaning Operations at Water Transpor-
tation Facilities.
Ship and Boat Building or Repairing Yards
Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing Area located at Air
Transportation Facilities.
Treatment Works
Food and Kindred Products Facilities
Textile Mills, Apparel, and Other Fabric Product Manufacturing Facilities
Wood and Metal Furniture and Fixture Manufacturing Facilities
Fact sheet section de-
scribing discharges
covered ,
VIII A
VIII B
VlilC
VIII.D
VIII.E
VIII F
VIII G
VIII H
VIII 1
VIII J
VIII.K
VIII L
VIII M
VIII N
VIII.O
VIII.P
VIII.Q
VIM R
VIII.S
VIII T
VIII U
VIII.V
VIII.W
Permit section describing
discharges covered
XI A
XI B
XI C
XI.D.
XI.E.
XI F
XI G
XI H
XI 1
XI J
XI K
XI L
yi M
yi M
Xl.O.
XI.P
XIQ
XI R
XI S
VI T
XI U
XI.V.
XI.W.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50809
TABLE 1 .—INDUSTRIAL ACTIVITIES COVERED BY TODAY'S GENERAL PERMIT—Continued
Industrial activity
Printing and Publishing Facilities
Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
ery,
CTarTlHfno Thnl MnnitforhirA Plartrnnlr* flnrf FlRptrfcfll Enuioment and Comoonents Photo-
graphic and Optical Goods.
Fact sheet section de-
scribing discharges
covered
VIII.X
VIII.Y i
VIII.Z
VIII.AA
VIII AB
VIII.AC
Permit section describing
discharges covered
XI.X.
XI.Y.
XI.Z.
XI.AA.
XI.AB.
XI.AC.
i A. Limitations on Coverage
Because of the broad scope of today's
permit, most industrial activities
currently regulated under the storm
water program could be covered by the
permit. There are, however, several
types of storm water discharges which
are not covered under today's permit.
Storm water discharges subject to an
existing NPDES permit are not covered
under today's permit, except facilities
which are currently subject to the
baseline general permit. EPA believes
that in most cases these discharges are
more appropriately covered under terms
and conditions of their existing permit.
Those discharges may be covered under
today's permit only when the existing
permit has expired and only when the
expired permit did not contain numeric
offluont limitations more stringent than
those in today's permit. Owners/
operators of facilities currently covered
under the baseline general permit who
wish to obtain coverage under today's
general permit must submit a Notice of
Termination (NOT) to terminate
coverage under the baseline general
permit with a Notice of Intent (NOI) to
be covered under today's permit. Storm
water discharges that were subject to an
NPDES permit that was terminated by
the permitting authority are not eligible
for coverage under today's permit.
Construction activities are not eligible
for coverage under this permit. Storm
water discharges that were subject to a
permit that was terminated as a result of
the permittee's request are eligible for
coverage tinder today's permit. Storm
water discharges from industrial
activities that are not addressed in the
appropriate section of Part XI. (see Table
1) of the permit are not eligible for
coverage under this permit. These types
of industrial activities were not
represented in the group application
process. Therefore, EPA has no
additional information with which to
develop permit requirements beyond
those c
permit
(1) Storm Water Discharges Subject to
New Source Performance Standards.
Section 306 of the Clean Water Act
requires EPA to develop performance
standards for all new sources described
"in that section. These standards apply to
all facilities which go into operation
after the date the standards are
promulgated. Section 511(c) of the
Clean Water Act requires the Agency to
comply with the National
Environmental Policy Act prior to
issuance of a permit under the authority
of Section 402 of the CWA to facilities
defined as a new source under Section
306.
Facilities which are subject to the
performance standards for new sources
as described in this section of the fact
sheet must provide EPA with an
Environmental Information Document
pursuant to 40 CFR 6.101 prior to
seeking coverage under this permit. This
information shall be used by the Agency
to evaluate the facility under the
requirements of the National
Environmental Policy Act (NEPA) in an
Environmental Review. The Agency will
make a final decision regarding the
direct or indirect impact of the
discharge. The Agency will follow all
administrative procedures required in
this process. The permittee must obtain
a copy of the Agency's final rinding
prior to the submittal of a Notice of
Intent to be covered by this general
permit. In order to maintain eligibility,
the permittee must implement any
mitigation required of the facility as a
result of the NEPA review process.
Failure to implement mitigation
measures upon which the Agency's
NEPA finding is based is grounds for
termination of permit coverage. In this
way, EPA has established a procedure
which allows for the appropriate review
procedures to be completed by this
Agency prior to the issuance of a permit
under Section 402 of the CWA to an
operator of a facility subject to the new
source performance standards of Section
306 of the CWA. EPA believes that it has
fulfilled its requirements under NEPA
for this federal action under Section 402
of the CWA.
(2) Historic Preservation. The National
Historic Preservation Act (NHPA)
prohibits Federal actions that would
affect a property that either is listed on,
or is eligible for listing, on the National
Historic Register. EPA therefore cannot
issue NPDES permits to discharges that
will affect historic properties unless
measures will be taken such as under a
written agreement between the
applicant and the State Historic
Preservation Officer (SHPO) that
outlines all measures to be undertaken
by the applicant to mitigate or prevent
adverse effects to the historic property.
Therefore, under today's permit a storm
water discharge may be covered only if
the discharge will not affect a historic
property that is listed or is eligible to be
listed in the National Historic Register,
or the operator has obtained and is in
compliance with a written agreement
signed by the State Historic Preservation
Officer (SHPO) that outlines measures to
be taken to mitigate or prevent adverse
affects to the historic site.
(3) Endangered Species. The
Endangered Species Act (ESA) of 1973
requires Federal Agencies such as EPA
to ensure, in consultation with the U.S.
Fish and Wildlife Service and the
National Marine Fisheries Service (the
Services) that any actions authorized,
funded, or carried out by the Agency
(e.g., EPA issued NPDES permits
authorizing discharges to waters of the
United States) are not likely to
jeopardize the continued existence of
any federally-listed endangered or
threatened species or adversely modify
or destroy critical habitat of such
species (see 16 U.S.C. 1536(a)(2), 50
CFR 402 and 40 CFR 122.49(cj). EPA
completed a formal consultation with
the Services on the action of issuing this
permit on April 5,1995. The terms and
conditions of this permit reflect the
results of that consultation.
Accordingly, storm water discharges
that are likely to adversely affect species
identified in Addendum H of the permit
are not authorized permit coverage
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50810
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
under this storm water multi-sector
industrial general permit. Permittees are
also not authorized permit coverage if
the BMPs they plan to construct and
operate as a part of the required storm
water pollution prevention plan are
likely to adversely affect a species
identified in Addendum H.
To be eligible for coverage under the
multi-sector storm water permit,
applicants are required to review the list
of species and their locations which are
contained in Addendum H of this
permit and which are described in the
instructions for completing the
application requirements under this
permit. If an applicant determines that
none of the species identified in the
addendum are found in the county in
which the facility.is located, then there
is no likelihood of an adverse affect and
they are eligible for permit coverage.
Applicants must then certify that their
discharges, and the construction of
storm water BMPs, are not likely to
adversely affect species and will be
granted multi-sector storm water permit
coverage 48 hours after the date of the
postmark on the envelope used to mail
in the NOI form.
If species identified in Addendum H
are found to be located in the same
county as the facility seeking storm
water permit coverage, then the
applicant next must determine whether
the species are in proximity to the storm
water discharges at the facility, or any
BMPs to be constructed to control storm
water runoff. A species is in proximity
to a storm water discharge when the
species is located in the path or down
gradient area through which or over
which point source storm water flows
from industrial activities to the point of
discharge into the receiving water, and
once discharged into the receiving-
water, in the immediate vicinity of, or
nearby, the discharge point. A species is
also in proximity if a species is located
in the area of a site where storm water
BMPs are planned to be constructed. If
an applicant determines there are no
species in proximity to the storm water
discharge, or the BMPs to be
constructed, then there is no likelihood
of adversely affecting the species and
the applicant is eligible for permit
coverage.
If species are in proximity to the
storm water discharges or areas of BMP
construction, as long as they have been
considered as part of a previous ESA
authorization of the applicant's activity,
and the environmental baseline
established in that authorization is
unchanged, the applicant may be
covered under the permit. For example,
an applicant's activity may have been
authorized as part of a section 7
consultation under ESA, covered under
a section 10 permit, or have received a
clearance letter. The environmental
baseline generally includes the past and
present impacts of all federal, state and
private actions that were
contemporaneous to an ESA
authorization. Therefore, if a permit
applicant has received previous
authorization and nothing has changed
or been added to the environmental
baseline established in the previous
authorization, then coverage under this
permit will be provided.
In the absence of such previous
authorization, if species identified in
Addendum H are in proximity to the
discharges, or the construction areas for
the BMPs, then the applicant must
determine whether there is any likely
adverse effect upon the species. This is
done by the applicant conducting a
further examination or investigation, or
an alternative procedure, described in
the instructions in Addendum H of the
permit. If the applicant determines there
is no likely adverse effect upon the
species, then the applicant is eligible for
permit coverage. If the applicant
determines that there likely is, or will
likely be an adverse effect, then the
applicant is not eligible for multi-sector
storm water permit coverage.
All dischargers applying for coverage
under this permit must provide in the
application information on the Notice of
Intent form: (1) a determination as to
whether there are any species identified
in Addendum H in proximity to the
storm water discharges and BMPs
construction areas, and (2) a
certification that their storm water
discharges and the construction of
BMPs to control storm water are not
likely to adversely affect species
identified in Addendum H, or are
otherwise eligible for coverage due to a
previous authorization under the ESA.
Coverage is contingent upon the
applicant's providing truthful
information concerning certification and
abiding by any conditions imposed by
the permit.
Dischargers who are not able to
determine that there will be no likely
adverse affect to species or habitats and
cannot sign the certification to gain
coverage under this multi-sector storm
water general permit, must apply to EPA
for an individual NPDES storm water
permit. As appropriate, EPA will
conduct ESA § 7 consultation when
issuing such individual permits.
Regardless of the above conditions,
EPA may require that a permittee apply
for an individual NPDES permit on the
basis of possible adverse effects on
species or critical habitats. Where there
are concerns that coverage for a
particular discharger is not sufficiently
protective of listed species, the Services
(as well as any other interested parties)
may petition EPA to require that the
discharger obtain an individual NPDES •
permit and conduct an individual
section 7 consultation as appropriate.
In addition, the Assistant
Administrator for Fisheries for the
National Oceanic and Atmospheric
Administration, or his/her authorized
representative, or the U.S. Fisheries,and
Wildlife Service (as well as any other
interested parties) may petition EPA to
require that a permittee obtain an
individual NPDES permit. The
permittee is also required to make the
storm water pollution prevention plan,
annual site compliance inspection
report, or other information available
upon request to the Assistant
Administrator for Fisheries for the
National Oceanic and Atmospheric
Administration, or his/her authorized
representative, or the U.S. Fisheries and
Wildlife Service Regional Director, or
his/her authorized representative.
These mechanisms allow for the
broadest and most efficient coverage for
the permittee while still providing for
the most efficient protection of
endangered species. It significantly
reduces the number of dischargers that
must be considered individually and
therefore allows the Agency and the
Services to focus their resources on
those discharges that are indeed likely
to adversely affect waterrdependent
listed species. Straightforward
mechanisms such as these allow
applicants with expedient permit
coverage, and eliminates "permit
limbo" for the greatest number of
permitted discharges. At the same time
it is more protective of endangered
species because it allows both agencies
to focus on the real problems, and thus,
provide endangered species protection
in a more expeditious manner.
(4) Storm Water Discharges
Associated with Inactive Mines,
Landfills, Oil and Gas Operations that
Are Located on Federal Lands. The
permit does not cover storm water
discharges associated with industrial
activity from inactive mines, inactive
landfills, and inactive oil and gas
operations that are located on Federal
lands, unless an operator of the
industrial activity can be identified.
These discharges are not eligible for
coverage under this permit because they
would more appropriately be covered by
the permit currently under development
by EPA intended specifically to cover ,
these types of discharges.
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50811
III. Pollutants in Storm Water
Discharges Associated with Industrial
Activities in General
The volume and quality of storm
water discharges associated with
industrial activity will depend on a
number of factors, including the
industrial activities occurring at the
facility, the nature of precipitation, and
the degree of surface imperviousness. A
discussion of these factors is provided
in die proposed general permit (see FR
58 61146 Nov. 19,1993).
IV. Summary of Options for Controlling
Pollutants
Pollutants in storm water discharges
from industrial plants may be reduced
using the following methods:
eliminating pollution sources,
implementing Best Management
Practices to prevent pollution, using
traditional storm water management
practices, and providing end-of-pipe
treatment. Each of these is discussed in
the proposed general permit (see 58 FR
61146, Nov. 19,1993).
V. The Federal/Municipal Partnership:
The Role of Municipal Operators of
Large and Medium Municipal Separate
Storm Sewer Systems
A key issue in developing a workable
regulatory program for controlling
pollutants in storm water discharges
associated with industrial activity is the
proper use and coordination of limited
regulatory resources. This is especially
important when addressing the
appropriate role of municipal operators
of large and medium municipal separate
storm sewer systems in the control of
pollutants in storm water associated
with industrial activity which discharge
through municipal separate storm sewer
systems. The proposed general permit
discussed several key policy factors (see
58 FR 61146).
VI. Summary of Common Permit
Conditions
The following section describes the
permit conditions common to
discharges from all the industrial
activities covered by today's permit.
These conditions were proposed on
November 19,1993 (58 FR 61146), and
reflect the baseline permit requirements
established for most regulated industries
in EPA's General Permits for Storm
Water Discharges Associated with
Industrial Activity [57 FR 41344-41356
September 9,1992, and 57 FR 44438-
44470 September 25,1992]. Permit
requirements which vary from industry
to industry are discussed in Part Vffl of
this fact sheet.
A. Notification Requirements
General permits for storm water
discharges associated with industrial
activity require the submittal of an NOI
prior to the authorization of such
discharges (see 40 CFR 122.28(b)(2)(i),
April 2,1992 [57 FR 11394]). Consistent
with these regulatory requirements,
today's general permit establishes NOI
requirements that operate in addition to
the part 1 and part 2 group application
requirements. To be covered under this
permit, facilities, including members of
an approved group, must submit an NOI
and other required information within
90 days of the effective date of this
permit. The NOI form is found in
Addendum B.
1. Contents of NOIs
a. The operator's name, address,
telephone number, and status as
Federal, State, private, public, or other
entity.
b. Street address of the facility for
which the notification is submitted.
Where a street address for the site is not
available, the location can be described
in terms of 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.
c. An indication of whether the
facility is located on Federal Indian
Reservations.
d. Up to four 4-digit Standard
Industrial Classification (SIC) codes that
best represent the principal products or
activities provided by the facility. 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 2-
character code must be provided.
e. The permit number of any NPDES
permit for any discharge (including non-
storm water discharges) from the site
that is currently authorized by an
NPDES permit.
/. 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 receiving water(s)
for the discharge through the municipal
separate storm sewer.
g. The analytical monitoring status of
the facility (monitoring or not).
h. For a co-permittee, if a storm water
general permit number has been issued,
it should be included.
i. A certification that the operator of
the facility has read and understands
the eligibility requirements for the
permit and that the operator believes the
facility to be in compliance with those
requirements.
/. Identify type of permit requested
(either baseline general, multi-sector, or
construction); longitude and latitude;
indication of presence of endangered
species; indication of historic
preservation agreement; signed
certification stating compliance with the
NationaLHistoric Preservation Act,
Endangered Species Act, and the new
source performance standard
requirements.
k. For any facility that begins to
discharge storm water associated with
industrial activity after [insert date 270
days after permit finalization], 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.)
An NOI form is provided in
Addendum B. The NOI must be signed
in accordance with the signatory
requirements of 40 CFR 122.22. A
complete description of these signatory
requirements is provided in the
instructions accompanying the NOI.
Completed NOI forms must be
submitted to the Storm Water Notice of
Intent (4203), 401 M Street SW.,
Washington, DC 20460.
2. Deadlines
Except for the special circumstances
discussed below, dischargers who
intend to obtain coverage under this
permit for a storm water discharge from
an industrial activity that is in existence
prior to the date 90 days after permit
issuance must submit an NOI on or
before the date 90 days after permit
issuance, and facilities that begin
industrial activities after the date 90
days after permit issuance are required
to submit an NOI at least 2 days prior
to the commencement of the new
industrial activity.
A discharger is not precluded from
submitting an NOI at a later date.
However, in such instances, EPA may
bring appropriate enforcement actions.
The storm water regulations (40 CFR
122.27) require that facilities that
discharge storm water associated with
an industrial activity submit an
application for permit coverage on or
before October 1,1992, except industrial
activities owned or operated by a
medium municipality, which had until
May 17,1993. Today's permit does not
extend that application deadline. EPA
intends that most of the facilities that
will seek coverage under the final
version of today's permit are: members
of groups with approved applications;
facilities that submitted a Notice of
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Federal Register / Vol. 60, No. 189 / Friday, September 29. 1995 / Notices
Intent to be covered by EPA's baseline
general permit and now wish to switch
to coverage under today's permit; or
have submitted a complete individual
application but have not yet received an
individual permit.
EPA may deny coverage under this
permit and require submittal of an
individual NPDES permit application
based on a review of the completeness
and/or content of the NOI or other
information (e.g., Endangered Species
Act compliance, National Historic
Preservation Act Compliance, water
quality information, compliance history,
history of spills, etc.). Where EPA
requires a discharger authorized under
this general permit to apply for an
individual NPDES permit (or an
alternative general permit), EPA will
notify the discharger in writing that a
permit application (or different NOI) is
required by an established deadline.
Coverage under this industry general
permit will automatically terminate if
the discharger fails to submit the
required permit application in a timely
manner. Where the discharger does
submit a requested permit application,
coverage under this general permit will
automatically terminate on the effective
date of the issuance or denial of the
individual NPDES permit or the
alternative general permit as it applies
to the individual permittee. Compliance
deadlines are discussed in Part VI.H. of
this fact sheet.
Municipal Separate Storm Sewer
System Operator Notification
Operators of storm water discharges
associated with industrial activity that
discharge through a large or medium
municipal separate storm sewer system
or a municipal system designated by the
Director,4 must notify the municipal
operator of the system receiving tie
discharge and submit a copy of their
NOI to the municipal operator.
4. Notice of Termination
Where a discharger is able to
eliminate the storm water discharges
associated with industrial activity from
a facility, the discharger may submit a
Notice of Termination (NOT) form (or
photocopy thereof) provided by the
Director.
A copy of the NOT and instructions
for completing the NOT are included in
4 The terms large and medium municipal separate
storm sewer systems (systems serving a population
of 100,000 or more) are defined at 40 CFR 122.26(b)
(4) and (7). Some of the cities and counties in which
these systems are found are listed in Appendices F,
G, H, and I to 40 CFR Part 122. Other municipal
systems have been designated by EPA on a case-by-
case basis or have brought into the program based
upon the 1990 Census.
Addendum C. The NOT form requires
the following information: . - .
a. 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;
b. The name, address and telephone ,
number of the operator addressed by the
Notice of Termination;
c. The NPDES permit number for the
storm water discharge associated with
industrial activity identified by the
NOT;
d. An indication of whether the storm
water discharges associated with
industrial activity have been eliminated
or the operator of the discharges has
changed; and
e. The following certification:
I certify under penalty of law that all storm
water discharges associated with industrial
activity from the identified facility that are
authorized by an NPDES general permit have
been eliminated or that I am no longer the
operator of the industrial activity. I
understand that by submitting this Notice of
Termination 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 an 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.
NOTs are to be sent to the Storm
Water Notice of Termination (4203), 401
M Street, SW., Washington, DC 20460.
The NOT must be sighed in
accordance with the signatory
requirements of 40 CFR 122.22. A
complete description of these signatory
requirements is provided in the
instructions accompanying the NOT.
B. Special Conditions
The conditions of this permit have
been designed to comply with the
technology-based standards of the CWA
(BAT/BCT). Based on a consideration of
the appropriate factors for BAT and BCT
requirements, and a consideration of the
factors and options discussed in this
fact sheet for controlling pollutants in
storm water discharges associated with
industrial activity, the general permit
lists a set of tailored requirements for
developing and implementing storm
water pollution prevention.plans, and
for selected discharges, effluent
limitations.5
Part VHI. of this fact sheet summarizes
the options for controlling pollutants in
storm water discharges associated with
industrial activity. The permit includes
numeric effluent limitations for coal
pile runoff, contaminated runoff from
fertilizer manufacturing facilities, runoff
from asphalt emulsion manufacturing
facilities, and material storage pile
runoff located at cement manufacturing
facilities or cement kilns.
For other discharges covered by the
permit, the permit conditions reflect
EPA's decision to identify a number of
best management practices and
traditional storm water management
practices which prevent pollution in
storm water discharges as the BAT/BCT
level of control for the majority of storm
water discharges covered by this permit.
The permit conditions applicable to
these discharges are not numeric
effluent limitations, but rather are
flexible requirements for developing
and implementing site specific plans to
minimize and control pollutants in
storm water discharges associated with
industrial activity. This approach is
consistent with the approach used in
the baseline general permits finalized on
September 9,1992 (57 FR 41236) and
September 25,1992 (57 FR 44438). In
addition, today's general permit reflects
information received through the group
application process.
EPA is authorized under 40 CFR
122.44(k)(2) to impose BMPs in lieu of
numeric effluent limitations in NPDES
permits when the Agency finds numeric
effluent limitations to be infeasible. EPA
may also impose BMPs which are
"reasonably necessary * * * to carry
out the purposes of the Act" under 40
CFR 122.44(k)(3). Both of these
standards for imposing BMPs were
recognized in NRDCv. Costle, 568 F.2d
1369,1380 (D.C. Cir. 1977). The
conditions in the permit are issued
under the authority of both of these
regulatory provisions. The pollution
prevention or BMP requirements in this
permit operate as limitations on effluent
discharges that reflect the application of
BAT/BCT. This is because the BMPs
identified require the use of source
5 Part I.C.2 of the general permit provides that
facilities with storm water discharges associated
with industrial activity which, based on an
evaluation of site specific conditions, believe that
the appropriate conditions of this permit do not
adequately represent BAT and BCT requirements
for the facility may submit to the Director an
individual application (Form 1 and Form 2F). A
detailed explanation of the reasons why the
conditions of the available general permits do not
adequately represent BAT and BCT requirements
for the facility as well as any supporting
documentation must be included.
_
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50813
control technologies which, in the
context of this general permit, axe the
best available of the technologies
economically achievable (or the
equivalent BCT finding). See NRDCv.
EPA, 822 F.2d 104,122-23 (D.C. Cir.
1987) (EPA has substantial discretion to
impose nonquantitative permit
requirements pursuant to Section
402(a)(l)).
1. Prohibition of Non-storm Water
Discharges
Today's general permit does not
authorize non-storm water discharges
that are mixed with storm water except
as provided below. The only non-storm
water discharges that are intended to be
authorized under today's permit include
discharges from fire fighting activities;
firo hydrant flushings; potable water
sources, including waterline flushings;
irrigation drainage; lawn watering;
routine external building washdown
without detergents; pavement
washwaters where spills or leaks of
toxic or hazardous materials have not
occurred (unless all spilled material has
been removed) and where detergents are
not used; air conditioning condensate;
compressor condensate; springs;
uncontaminated ground water; and
foundation or footing drains where
flows are not contaminated with process
materials such as solvents that are
combined with storm water discharges
associated with industrial activity.
To be authorized under the general
permit, these sources of non-storm
water (except flows from fire fighting
activities) must be identified in the
storm water pollution prevention plan
prepared for the facility. (Plans and
other plan requirements are discussed
in more detail below). Where such
discharges occur, the plan must also
identify and ensure the implementation
of appropriate pollution prevention
measures for the non-storm water
componont(s) of the discharge.
Today's permit does not require
pollution prevention measures to be
identified and implemented for non-
storm water flows from fire-fighting
activities because these flows will
generally bo unplanned emergency
situations where it is necessary to take
immediate action to protect the public.
Tho prohibition ofunpermitted non-
storm water discharges in this permit
ensures that non-storm water discharges
(except for those classes of non-storm
water discharges that are conditionally
authorized in Part m.A.2.b.) are not
inadvertently authorized by this permit.
Where a storm water discharge is mixed
with non-storm water that is not
authorized by today's general permit or
another NPDES permit, the discharger
should submit the appropriate
application forms (Forms 1, 2C, and/or
2E) to gain permit coverage of the non-
storm water portion of the discharge.
2. Releases of Reportable Quantities of
Hazardous Substances and Oil
a. This general permit provides that
the discharge of hazardous substances
or oil from a facility must be eliminated
or minimized in accordance with the
storm water pollution plan developed
for the facility. Where a permitted storm
water discharge contains a hazardous
substance or oil in an amount equal to
or in excess of a reporting quantity
established under 40 CFR Part 117, or
40 CFR Part 302 during a 24-hour
period, the following actions must be
taken:
(1) Any person in charge of the
facility that discharges hazardous
substances or oil 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 Part 117, and 40 CFR Part 302 as
soon as they have knowledge of the
discharge.
(2) The storm water pollution
prevention plan for the facility must be
modified within 14 calendar days of
knowledge of the release to provide a
description of the release, an account of
the circumstances leading to the release,
and the date of the release. In addition,
the plan must be reviewed to identify
measures to prevent the reoccurrence of
such releases and to respond to such
releases, and it must be modified •where
appropriate.
(3) The permittee must also submit to
EPA'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 to modify the pollution
prevention plan for the facility.
b. Anticipated discharges containing a
hazardous substance in an amount equal
to or in excess of reporting quantities
are those caused by events occurring
within the scope of the relevant
operating system. Facilities that have
more than 1 anticipated discharge per
year containing a hazardous substance
in an amount equal to or in excess of a
reportable quantity are required to:
(1) Submit notifications of the first
release that occurs during a calendar
year (or for the first year of this permit,
after submittal of an NOI); and
(2) Provide a written description in
the storm water pollution prevention
plan of the dates on which such releases
occurred, the type and estimate of the
amount of material released, and the
circumstances leading to the releases. In
addition, the pollution prevention plan
must address measures to minimize
such releases.
c. Where a discharge of a hazardous
substance or oil in excess of reporting
quantities is caused by a non-storm
water discharge (e.g., a spill of oil into
a separate storm sewer), that discharge
is not authorized by this permit and the
discharger must report the discharge as
required under 40 CFR Part 110, 40 CFR
Part 117, or 40 CFR Part 302. In the
event of a spill, the requirements of
Section 311 of the CWA and other
applicable provisions of Sections 301
and 402 of the CWA continue to apply.
This approach is consistent with the
requirements for reporting releases of
hazardous substances and oil that make
a clear distinction between hazardous
substances typically found in storm
water discharges and those associated
with spills that are not considered part
of a normal storm water discharge (see
40 CFR 117.12(d)(2)(i)). '
3. Co-located Industrial Facilities
Today's general permit addresses
storm water discharges from industrial
activities co-located at an industrial
facility described in the coverage
section of the permit. Co-located
industrial activities occur when
activities being conducted onsite meet
more than one of the descriptions in the
coverage sections of Part XI. of this
permit (e.g., a landfill at a wood
treatment facility or a vehicle
maintenance garage at an asphalt
batching plant). Co-located industrial
activities are authorized under today's
general permit provided that the
industrial facility complies with the
pollution prevention plan and
monitoring requirements for each co-
located activity.
Authorizing co-located discharges
allows industrial facilities to develop
pollution prevention plans that fully
address all industrial activities at the
site. For example, if a wood treatment
facility has a landfill, the pollution
prevention plan requirements for the
wood treatment facility will differ
greatly from those needed for a landfill.
Therefore, by authorizing co-located
industrial activities, the wood treatment
facility will develop a pollution
prevention plan to meet the
requirements addressing the storm
water discharges from the wood
treatment facility and the landfill. The
facility is also subject to applicable
monitoring requirements for each type
of industrial activity as described in the
applicable Sections of the permit. By
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Federal Register / Vol.' 60. No. 189 / Friday. September 29, 1995 / Notices
monitoring the discharges from the
different industrial activities, the facility
can better determine the effectiveness of
the pollution prevention plan
requirements for controlling storm water
discharges from all activities.
C. Common Pollution Prevention Plan
Requirements
All facilities intended to be covered
by today's general permit for storm
water discharges associated with
industrial activity must prepare and
implement a storm water pollution
prevention plan. The storm water
permit addresses pollution prevention
plan requirements for a number of
categories of industries. The following is
a discussion of the common permit
requirements for all industries; special
requirements for storm water discharges
associated with industrial activity
through large and medium municipal
separate storm sewer systems; special
requirements for facilities subject to
EPCRA Section 313 reporting
requirements; and special requirements
for facilities with outdoor salt storage
piles. These are the permit requirements
which apply to discharges associated
with any of the industrial activities
covered by today's permit. These
common requirements may be amended
or further clarified in the industry-
specific pollution prevention plan
requirements. Table 2 indicates the
location of the industry-specific
pollution prevention plans. These
industry-specific requirements are
additive for facilities where co-located
industrial activities occur. For example,
if a facility has both a sand and gravel
mining operation and a ready mix
concrete manufacturing operation, then
that facility is subject to the pollution
prevention plan requirements in both
Part XI.E.3. and Part XI.J.3. of the
permit.
TABLE 2.—STORM WATER POLLUTION PREVENTION PLAN REQUIREMENTS
Industrial activity
Timber Products Facilities
Paper and Allied Products Manufacturing Facilities .^
Chemical and Allied Products Manufacturing Facilities
Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers
Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities ,
Primary Metals Facilities
Metal Mining (Ore Mining and Dressing) Facilities
Coal Mines and Coal Mining-Related Facilities
Oil and Gas Extraction Facilities
Mineral Mining and Processing Facilities
Hazardous Waste Treatment, Storage, or Disposal Facilities
Landfills and Land Application Sites
Automobile Salvage Yards
Scrap and Waste Recycling Facilities
Steam Electric Power Generating Facilities, Including Coal Handling Areas
Vehicle Maintenance or Equipment Cleaning Areas at Motor Freight Transportation Fa-
cilities, Passenger Transportation Facilities, Petroleum Bulk Oil Stations and Termi-
nals, Rail Transportation Facilities, and the United States Postal Service Transpor-
tation Facilities.
Vehicle Maintenance Areas and/or Equipment Cleaning Operations at Water Transpor-
tation Facilities.
Ship and Boat Building or Repairing Yards
Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing Areas Located at Air
Transportation Facilities.
Treatment Works
Food and Kindred Products Facilities
Textile Mills, Apparel, and Other Fabric Product Manufacturing Facilities
Wood and Metal Furniture and Fixture Manufacturing Facilities
Printing and Publishing Facilities
Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
Leather Tanning and Finishing Facilities
Fabricated Metal Products Industry
Facilities That Manufacture Transportation Equipment, Industrial, or Commercial Machin-
ery.
Facilities That Manufacture Electronic and Electrical Equipment and Components, Photo-
graphic and Optical Goods.
Fact sheet section de-
scribing PPP require-
ments
VIII.A.7
V1I1.B.5
VIII.C.6
VIII.D.4 :
VIII.E.5
VIII.F.6
VIII.G.5
VIII.H.4
VIII 1 5
VIII.J.4
VIII.K.5
VIII L5
VIII.M.5
VIII N 5
VIII.O.5
VIII.P.5
VIII.Q.5
VIII R 6
VIII.S.4
VIII.T.5
VIII.U.4
VIII.V.5
VIII.W.4
VIII.X.5
Vlil.Y.4
VIII Z 5
VIII.AA.3
VIII.AB.5
VIII.AC.5 : ..
Permit section describing
PPP requirements
XI A.3
XI.B.3.
XI.C.4.
XI.D.3.
XI.E.3.
XI F 3
XI.G.3
XI.H.3.
XI 1 3
XI J 3
XI.K.3.
XI L 3
XI.M.2.
XI N 3
XI.O.3.
XI P 3
XI.Q.3.
XI R 3
XI S3
XI.T3
XI.U.3.
XI.V.3.
XI.W.3.
XI X 3
XI.Y.3.
XI Z 3
XI AA 3.
XI.AB.3.
XI ACS
The pollution prevention approach in
today's general permit focuses on two
major objectives: (1) to identify sources
of pollution potentially affecting the
quality of storm water discharges
associated with industrial activity from
the facility; and (2) to describe and
ensure implementation of practices to
minimize and control pollutants in
storm water discharges associated with
industrial activity from the facility and
to ensure compliance with the terms
and conditions of this permit.
The storm water pollution prevention
plan requirements in the general permit
are intended to facilitate a process
whereby the operator of the industrial
facility thoroughly evaluates potential
pollution sources at the site and selects
and implements appropriate measures
designed to prevent or control the
discharge of pollutants in storm water
runoff. The process involves the
following four steps: (1) Formation of a
team of qualified plant personnel who
will be responsible for preparing the
plan and assisting the plant manager in
its implementation; (2) assessment of
potential storm water pollution sources;
(3) selection and implementation of
appropriate management practices and
controls; and (4) periodic evaluation of
the effectiveness of the plan to prevent
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50815
storm water contamination and comply
with the terms and conditions of this
permit. The authorization to include
best management practices in the permit
to control or abate the discharge of
pollutants is derived from 40 CFR
144.4500.
EPA believes the pollution prevention
approach is the most environmentally
sound and cost-effective way to control
the discharge of pollutants in storm
water runoff from industrial facilities.
This position is supported by the results
of a comprehensive technical survey
EPA completed in 1979.6 The survey
found that two classes of management
practices are generally employed at
industries to control the nonroutine
discharge of pollutants from sources
such as storm water runoff, drainage
from raw material storage and waste
disposal areas, and discharges from
places where spills or leaks have
occurred. The first class of management
practices includes those that are low in
cost, applicable to a broad class of
industries and substances, and widely
considered essential to a good pollution
control program. Some examples of
practices in this class are good
housekeeping, employee training, and
spill response and prevention
procedures. The second class includes
management practices that provide a
second line of defense against the
release of pollutants. This class
addresses containment, mitigation, and
cleanup. Since publication of the 1979
survey, EPA has imposed management
practices and controls in NPDES
permits on a case-by-case basis. The
Agency also has continued to review the
appropriateness and effectiveness of
such practices,7 as well as the
techniques used to prevent and contain
oil spills.8 Experience with these
practices and controls has shown that
thoy can be used in permits to reduce
pollutants in storm water discharges in
*Soo "Storm Water Management for Industrial
ActlvHlM/'EPA, September 1992, EPA-832-R-92-
000.
'For example, sea "Best Management Practices:
Useful Tools for Cleaning Up," Thron, H.
Rogoshewskl, P., 1082, Proceedings of the 1982
Hazardous Material Spills Conference; "The
Chemical Industries' Approach to Spill
Prevention," Thompson, C., Goodier, J. 1980,
Proceedings of the 1980 National Conference of
Control of Hazardous Materials Spills; a series of
EPA memorandum entitled "Best Management
Practices in NPDES Permits—Information
Memorandum," 1083,1985,1086,1087,1988;
Review of Emergency Systems: Report to Congress,"
EPA, 1088; and "Analysis of Implementing
Permitting Activities for Storm Water Discharges
Associated with Industrial Activity," EPA, 1991.
»Sco for example, "The Oil Spill Prevention,
Control and Countormeasures Program Task Force
Report," EPA, 1088; and "Guidance Manual for the
Development of an Accidental Spill Prevention
Program," prepared by SAIC for EPA, 1986.
a cost-effective manner. In keeping with
both the present and previous
administration's objective to attain
environmental goals through pollution
prevention, pollution prevention has
been and continues to be the
cornerstone of the NPDES Permitting
program for storm water. EPA has
developed guidance entitled "Storm
Water Management for Industrial
Activities: Developing Pollution
Prevention Plans and Best Management
Practices," September 1992, to assist
permittees in developing and
implementing pollution prevention
measures.
1. Pollution Prevention Team
As a first step in the process of
developing and implementing a storm
water pollution prevention plan,
permittees are required to identify a
qualified individual or team of
individuals to be responsible for
developing the plan and assisting the
facility or plant manager in its
implementation. When selecting
members of the team, the plant manager
should draw on the expertise of all
relevant departments within the plant to
ensure that all aspects of plant
operations are considered when the
plan is developed. The plan must
clearly describe the responsibilities of
each team member as they relate to
specific components of the plan. In
addition to enhancing the quality of
communication between team members
and other personnel, clear delineation of
responsibilities will ensure that every
aspect of the plan is addressed by a
specified individual or group of
individuals. Pollution Prevention Teams
may consist of one individual where
appropriate (e.g., in certain small
businesses with limited storm water
pollution potential).
2. Description of Potential Pollution
Sources
Each storm water pollution
prevention plan must describe
activities, materials, and physical
features of the facility that may
contribute significant amounts of
pollutants to storm water runoff or,
during periods of dry weather, result in
pollutant discharges through the
separate storm sewers or storm water
drainage systems that drain the facility.
This assessment of storm water
pollution risk will support subsequent
efforts to identify and set priorities for
necessary changes in materials,
materials management practices, or site
features, as well as aid in the selection
of appropriate structural and
nonstructural control techniques. Some
operators may find that significant
amounts of pollutants are running onto
the facility property. Such operators
should identify and address the
contaminated runon in the storm water
pollution prevention plan. If the runon
cannot be addressed or diverted by the
permittee, the permitting authority
should be notified. If necessary, the
permitting authority may require the
operator of the adjacent facility to obtain
a permit.
Part XI of the permit includes specific
requirements for the various industry
sectors covered by today's permit. The
storm water pollution prevention plans
generally must describe the following
elements:
a. Drainage. The plan must contain a
map of the site that shows the location
of outfalls covered by the permit (or by
other NPDES permits), the pattern of
storm water drainage, an indication of
the types of discharges contained in the
drainage areas of the outfalls, structural
features that control pollutants in
runoff,9 surface water bodies (including
wetlands), places where significant
materials10 are exposed to rainfall and
runoff, and locations of major spills and
leaks that occurred in the 3 years prior
to the date of the submission of a Notice
of Intent (NOI) to be covered under this
permit. The map also must show areas
where the following activities take
place: fueling, vehicle and equipment
maintenance and/or cleaning, loading
and unloading, material storage
(including tanks or other vessels used
for liquid or waste storage), material
processing, and waste disposal. For
areas of the facility that generate storm
water discharges with a reasonable
potential to contain significant amounts
of pollutants, the map must indicate the
probable direction of storm water flow
and the pollutants likely to be in the
discharge. Flows with a significant
potential to Cause soil erosion also must
be identified. In order to increase the
readability of the map, the inventory of
the types of discharges contained in
each outfall may be kept as an
attachment to the site map.
b. Inventory of Exposed Materials.
Facility operators are required to
9 Nonstructural features such as grass swales and
vegetative buffer strips also should be shown.
'"Significant materials include, but are not
limited to the following: raw materials; fuels;
solvents, detergents, and plastic pellets; finished
materials, such as metallic products; raw materials
used in food processing or production; hazardous
substances designated under Section 101(14) of the
Comprehensive Environmental Response,
Compensation and Liability Act (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. (See 40 CFR 122.26(b)(8)).
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /Notices
carefully conduct an inspection of the
site and related records to identify
significant materials that are or may be
exposed to storm water. The inventory
must address materials that within 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit have been handled,
stored, processed, treated, or disposed
of in a manner to allow exposure to
storm water. Findings of the inventory
must be documented in detail in the
pollution prevention plan. At a
minimum, the plan must describe the
method and location of onsite storage or
disposal; practices used to minimize
contact of materials with rainfall and
runoff; existing structural and
nonstructural controls that reduce
pollutants in runoff; and any treatment
the runoff receives before it is
discharged to surface waters or a
separate storm sewer system. The
description must be updated whenever
there is a significant change in the types
or amounts of materials, or material
management practices, that may affect
the exposure of materials to storm
water.
c. Significant Spills and Leaks. The
plan must include a list of any
significant spills and leaks of toxic or
hazardous pollutants that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit.
Significant spills include, but are not
limited to, releases of oil or hazardous
substances in excess of quantities that
are reportable under Section 311 of
CWA (see 40 CFR 110.10 and 40 CFR
117.21) or Section 102 of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) (see 40 CFR 302.4).
Significant spills may also include
releases of oil or hazardous substances
that are not in excess of reporting
requirements and releases of materials
that are not classified as oil or a
hazardous substance.
The listing should include a
description of the causes of each spill or
leak, the actions taken to respond to
each release, and the actions taken to
prevent similar such spills or leaks in
the future. This effort will aid the
facility operator as she or he examines
existing spill prevention and response
procedures and develops any additional
procedures necessary to fulfill the
requirements of Part XI. of this permit.
a. Non-storm Water Discharges. Each
pollution prevention plan must include
a certification, signed by an authorized
individual, that discharges from the site
have been tested or evaluated for the
presence of non-storm water discharges.
The certification must describe possible
significant sources of non-storm water,
the results of any test and/or evaluation
conducted to detect such discharges, the
test method or evaluation criteria used,
the dates on which tests or evaluations
were performed, and the onsite drainage
points directly observed during the test
or evaluation. Acceptable test or
evaluation techniques include dye tests,
television surveillance, observation of
outfalls or other appropriate locations
during dry weather, water balance
calculations, and analysis of piping and
drainage schematics.11
Except for flows that originate from
fire fighting activities, sources of non-
storm water that are specifically
identified in the permit as being eligible
for authorization under the general
permit must be identified in the plan.
Pollution prevention plans must
identify and ensure the implementation
of appropriate pollution prevention
measures for the non-storm water
discharge.
EPA recognizes that certification may
not be feasible where facility personnel
do not have access to an outfall,
manhole, or other point of access to the
conduit that ultimately receives the
discharge. In such cases, the plan must
describe why certification was not
feasible. Permittees who are not able to
certify that discharges have been tested
or evaluated must notify the Director in
accordance with Part XI. of the permit.
e. Sampling Data. Any existing data
on the quality or quantity of storm water
discharges from the facility must be
described in the plan, including data
collected for part 2 of the group
application process. These data may be
useful for locating areas that have
contributed pollutants to storm water.
The description should include a
discussion of the methods used to
collect and analyze the data. Sample
collection points should be identified in
the plan and shown on the site map.
/. Summary of Potential Pollutant
Sources. The description of potential
pollution sources culminates in a
narrative assessment of the risk
potential that sources of pollution pose
to storm water quality. This assessment
should clearly point to activities,
materials, and physical features of the
facility that have a reasonable potential
to contribute significant amounts of
pollutants to storm water. Any such
activities, materials, or features must be
addressed by the measures and controls
subsequently described in the plan, hi
conducting the assessment, the facility
11 In general, smoke tests should not be used for
evaluating the discharge of non-storm water to a
separate storm sewer as many sources of non-storm
water typically pass through a trap that would limit
the effectiveness of the smoke test.
operator must consider the following
activities: loading and unloading
operations; outdoor storage activities;
outdoor manufacturing or processing
activities; significant dust or particulate
generating processes; and onsite waste
disposal practices. The assessment must
list any significant pollution sources at
the site and identify the pollutant
parameter or parameters (i.e.,
biochemical oxygen demand, suspended
solids, etcO associated with each source.
3. Measures and Controls
Following completion of the source
identification and assessment phase, the
permit requires the permittee to
evaluate, select, and describe the
pollution prevention measures, best
management practices (BMPs), and
other controls that will be implemented
at the facility. BMPs include processes,
procedures, schedules of activities,
prohibitions on practices, and other
management practices that prevent or
reduce the discharge of pollutants in
storm water runoff.
EPA emphasizes the implementation
of pollution prevention measures and
BMPs that reduce possible pollutant
discharges at the source. Source
reduction measures include, among
others, preventive maintenance,
chemical substitution, spill prevention,
good housekeeping, training, and proper
materials management. Where such
practices are not appropriate to a
particular source or do not effectively
reduce pollutant discharges, EPA
supports the use of source control
measures and BMPs such as material
segregation or covering, water diversion,
and dust control. Like source reduction
measures, source control measures and
BMPs are intended to keep pollutants
out of storm water. The remaining
classes of BMPs, which involve
recycling or treatment of storm water,
allow the reuse of storm water or
attempt to lower pollutant
concentrations prior to discharge.
The pollution prevention plan must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each will address one
or more of the potential pollution
sources identified in the plan. The plan
also must include a schedule specifying
the time or times during which'each
control or practice will be implemented.
hi addition, the plan should discuss •
ways in which the controls and
practices relate to one another and,
when taken as a whole, produce an
integrated and consistent approach for
preventing or controlling potential
storm water contamination problems.
The permit requirements included for
the various industry sectors in Part XI,
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50817
of today's permit generally require that
the portion of the plan that describes the
measures and controls address the
following minimum components.
When minimize/reduce" is used
relative to pollution prevention plan
measures, EPA means to consider and
implement best management practices
that will result in an improvement over
the baseline conditions as it relates to
the levels of pollutants identified in
storm water discharges with due
consideration to economic feasibility
and effectiveness.
a. Good Housekeeping. Good
housekeeping involves using practical,
cost-effective methods to identify ways
to maintain a clean and orderly facility
and keep contaminants out of separate
storm sewers. It includes establishing
protocols to reduce the possibility of
mishandling chemicals or equipment
and training employees in good
housekeeping techniques. These
protocols must be described in the plan
and communicated to appropriate plant
personnel.
b. Preventive Maintenance. Permittees
must develop a preventive maintenance
program that involves regular inspection
and maintenance of storm water
management devices and other
equipment and systems. The program
description should identify the devices,
equipment, and systems that will be
inspected; provide a schedule for
inspections and tests; and address
appropriate adjustment, cleaning,
repair, or replacement of devices,
equipment, and systems. For storm
water management devices such as
catch basins and oil/water separators,
the preventive maintenance program
should provide for periodic removal of
debris to ensure that the devices are
operating efficiently. For other
equipment and systems, the program
should reveal and enable the correction
of conditions that could cause
breakdowns or failures that may result
in the release of pollutants.
c. Spill Prevention and Response
Procedures. Based on an assessment of
possible spill scenarios, permittees must
specify appropriate material handling
procedures, storage requirements,
containment or diversion equipment,
and spill cleanup procedures that will
minimize the potential for spills and in
tiio event of a spill enable proper and
timely response. Areas and activities
that typically pose a high risk for spills
include loading and unloading areas,
storage areas, process activities, and
waste disposal activities. These
activities and areas, and their
accompanying drainage points, must be
described in the plan. For a spill
prevention and response program to be
effective, employees should clearly
understand the proper procedures and
requirements and have the equipment
necessary to respond to spills.
d. Inspections. In addition to the
comprehensive site evaluation, facilities
are required to conduct periodic
inspections of designated equipment
and areas of the facility. Industry-
specific requirements for such
inspections, if any, are discussed in
Section VEI. of this fact sheet. When
required, qualified personnel must be
identified to conduct inspections at
appropriate intervals specified in the
plan. A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the inspections. Records of
inspections must be maintained. These
periodic inspections are different from
the comprehensive site evaluation, even
though the former may be incorporated
into the latter. Equipment, area, or other
inspections are typically visual and are
normally conducted on a regular basis,
e.g., daily inspections of loading areas.
Requirements for such periodic
inspections are specific to each
industrial sector in today's permit,
whereas the comprehensive site
compliance evaluation is required of all
industrial sectors. Area inspections help
ensure that storm water pollution
prevention measures (e.g., BMPs) are
operating and properly maintained on a
regular basis. The comprehensive site
evaluation is intended to provide an
overview of the entire facility's
pollution prevention activities. Refer to
Part VI.C.4. below for more information
on the comprehensive site evaluation.
e. Employee Training. The pollution
prevention plan must describe a
program for informing personnel at all
components and goals of the storm
water pollution prevention plan. The
training program should address topics
such as good housekeeping, materials
management, and spill response
procedures. Where appropriate,
contractor personnel also must be
trained in relevant aspects of storm
water pollution prevention. A schedule
for conducting training must be
provided in the plan. Several sections in
Part XI. of today's permit specify a
nm'nifniiTn frequency for training of once
per year. Others indicate that training is
to be conducted at an appropriate
interval. EPA recommends that facilities
conduct training annually at a
minimum. However, more frequent
training may be necessary at facilities
with high turnover of employees or
where employee participation is
essential to the storm water pollution
prevention plan.
/. Recordkeeping and Internal
Reporting Procedures. The pollution
prevention plan must describe
procedures for developing and retaining
records on the status and effectiveness
of plan implementation. At a minimum,
records must address spills, monitoring,
arid inspection and maintenance
activities. The plan also must describe
a system that enables timely reporting of
storm water management-related
information to appropriate plant
personnel.
g. Sediment and Erosion Control. The.
pollution prevention plan must identify
areas that, due to topography, activities,
soils, cover materials, or other factors
have a high potential for significant soil
erosion. The plan must identify
measures that will be implemented to
limit erosion in these areas.
h. Management of Runoff. The plan
must contain a narrative evaluation of
the appropriateness of traditional storm
water management practices (i.e.,
practices other than those that control
pollutant sources) that divert, infiltrate,
reuse, or otherwise manage storm water
runoff so as to reduce the discharge of
pollutants. Appropriate measures may
include, among others, vegetative
swales, collection and reuse of storm
water, inlet controls, snow management,
infiltration devices, and wet detention/
retention basins.
Based on the results of the evaluation,
the plan must identify practices that the
permittee determines are reasonable and
appropriate for the facility. The plan
also should describe the particular
pollutant source area'or activity to be
controlled by each storm water
management practice. Reasonable and
appropriate practices must be
implemented and maintained according
to the provisions prescribed in the plan.
In selecting storm water management
measures, it is important to consider the
potential effects of each method on
other water resources, such as ground
water. Although storm water pollution
prevention plans primarily focus on
storm water management, facilities must
also consider potential ground water
pollution problems and take appropriate
steps to avoid adversely impacting
ground water quality. For example, if
the water table is unusually high in an
area, an infiltration pond may
contaminate a ground water source
unless special preventive measures are
taken. Under EPA's July 1991 Ground
Water Protection Strategy, States are
encouraged to develop Comprehensive
State Ground Water Protection Programs
(CSGWPP). Efforts to control storm
water should be compatible with State
ground water objectives as reflected in
CSGWPPs.
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50818
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
4. Comprehensive Site Compliance
Evaluation
The permit requires that the storm
water pollution prevention plan "
describe the scope and content of the
comprehensive site evaluations that
qualified personnel will conduct to (1)
confirm the accuracy of the description
of potential pollution sources contained
in the plan, (2) determine the
effectiveness of the plan, and (3) assess
compliance with the terms and
conditions of the permit. Note that the
comprehensive site evaluations are not
the same as periodic or other
inspections described for certain
industries under Part Vl.C.S.d of this
fact sheet. However, in the instances
when frequencies of inspections and the
comprehensive site compliance
evaluation overlap they may be
combined allowing for efficiency, as
long as the requirements for both types
of inspections are met. The plan must
indicate the frequency of
comprehensive evaluations which must
be at least once a year, except where
comprehensive site evaluations are
shown in the plan to be impractical for
inactive mining sites, due to remote
location and inaccessibility.12 The
individual or individuals who will
conduct the comprehensive site
evaluation must be identified in the
plan and should be members of the
pollution prevention team. Material
handling and storage areas and other
potential sources of pollution must be
visually inspected for evidence of actual
or potential pollutant discharges to the
, drainage system. Inspectors also must
observe erosion controls and structural
storm water management devices to
ensure that each is operating correctly.
Equipment needed to implement the
pollution prevention plan, such as that
used during spill response activities,
must be inspected to confirm that it is
in proper working order.
The results of each comprehensive
site evaluation must be documented in
a report signed by an authorized
company official. The report must
describe the scope of the comprehensive
site evaluation, the personnel making
the comprehensive site evaluation, the
date(s) of the comprehensive site
evaluation, and any major observations
relating to implementation of the storm
water pollution prevention plan.
Comprehensive site evaluation reports
must be retained for at least 3 years after
the date of the evaluation. Based on the
results of each comprehensive site
evaluation, the description in the plan
of potential pollution sources and
measures and controls must be revised
as appropriate within 2 weeks after each
comprehensive site evaluation, unless
indicated otherwise in Section XI of the
permit. Changes in procedural
operations must be implemented on the
site in a timely manner for non-
structural measures and controls not
more than 12 weeks after completion of
the comprehensive site evaluation.
Procedural changes that require
construction of structural measures and
controls are allowed up to 3 years for
implementation. In both instances, an
extension may be requested from the
Director.
D, Special Requirements
1. Special Requirements for Storm
Water Discharges Associated With
Industrial Activity Through Large and
Medium Municipal Separate Storm
Sewer Systems
Permittees that discharge storm water
associated with industrial activity
through large or medium municipal
separate storm sewer systems13 are
required to submit notification of the
discharge to the operator of the ,
municipal separate storm sewer system.
A list of these systems is provided in
Addendum D of today's notice.
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. In addition,
permittees that discharge storm water
associated with industrial activity
through a large or medium municipal
separate storm sewer system must make
their pollution prevention plans
available to the municipal operator of
the system upon request by the
municipal operator.
2. Special Requirements for Storm
Water Discharges Associated With
Industrial Activity From Facilities
Subject to EPCRA Section 313
Requirements • •
Today's permit contains special
requirements for certain permittees
subject to reporting requirements under
'^ Where annual site inspections are shown in the
plan to be impractical for inactive mining sites, due
to remote location and inaccessibility, site
inspections must be conducted at least once every
3 years.
13 Large and medium municipal separate storm
sewer systems are 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 40 CFR 122.26(b) (4) and (7)
and Appendices F through I to Part 122). A list of
these municipalities is provided in Addendum D to
today's notice.
Section 313 of the EPCRA (also known
as Title III of the Superfund
Amendments and Reauthorization Act
(SARA)). EPCRA Section 313 requires
operators of certain facilities that
manufacture (including import),
process, or otherwise use listed toxic
chemicals to report annually their
releases of those chemicals to any
environmental media. Listed toxic
chemicals include more than 500
chemicals and chemical classes listed at
40 CFR Part 372 (including the recently
added chemicals published November
30,1994).
The criteria for facilities that must
report under Section 313 are given at 40
CFR 372.22. A facility is subject to the
annual reporting provisions of Section
313 if it meets all three of the following
criteria for a calendar year: it is
included in SIC codes 20 through 39; it
has 10 or more full-time employees; and
it manufactures (including imports),
processes, or otherwise uses a chemical
listed in 40 CFR 372.65 in amounts
greater than the "threshold" quantities
specified in 40 CFR 372.25.
There are mpre than 300 individually
listed Section 313 chemicals, as well as
20 categories of Toxic Release Inventory
(TRI) chemicals for which reporting is
required. EPA has the authority to add
to and delete from this list. The Agency
has identified approximately 175
chemicals that it is classifying for the
purposes of this general permit as
"Section 313 water priority chemicals."
For the purposes of this permit, Section
313 water priority chemicals are defined
as chemicals or chemical categories that
(1) are listed at 40 CFR 372.65 pursuant
to EPCRA Section 313; (2) are
manufactured, processed, or otherwise
used at or above threshold levels at a
facility subject to EPCRA Section 313
reporting requirements; and (3) meet at
least one of the following criteria: (i) are
listed in Appendix D of 40 CFR Part 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
toxicity criteria. A list of the water
priority chemicals is provided in
Addendum F to today's notice. In
today's permit, EPA is not extending the
special requirements to facilities that
store liquid chemicals in above-ground
tanks or handle liquid chemicals in
areas exposed to precipitation if such
facilities are not subject to EPCRA
Section 313 reporting requirements.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50819
a. Summary of Special Requirements.
The special requirements in today's
permit for facilities subject to reporting
requirements under EPCRA Section 313
for a water priority chemical, except
those that are handled and stored only
in gaseous or non-soluble liquids or
solids (at atmospheric pressure and
temperature) forms (see Part VI.D.2.C
bolow), state that storm water pollution
prevention plans, in addition to the
baseline requirements for plans, must
contain special provisions addressing
areas where Section 313 water priority
chemicals are stored, processed, or
otherwise handled. These requirements
reflect the Best Available Technology
for controlling discharges of water
priority chemicals hi storm water. The
permit provides that appropriate
containment, drainage control, and/or
diversionary structures must be
provided for such areas. An exemption
from the special provisions for Section
313 facilities will be granted if the
facility can certify in the pollution
prevention plan that all water priority
chemicals handled or used are gaseous
or non-soluble liquids or solids (at
atmospheric pressure and temperature).
At a minimum, one of the following
preventive systems or its equivalent
must be used: curbing, culverting,
gutters, sewers, or other forms of
drainage control to prevent or minimize
the potential for storm water runon to
come into contact with significant
sources of pollutants; or roofs, covers, or
other forms of appropriate protection to
prevent storage piles from exposure to
storm water and wind.
In addition, the permit establishes
requirements for priority areas of the
facility. Priority areas of the facility
include the following: liquid storage
areas where storm water comes into
contact with any equipment, tank,
container, or other vessel used for
Section 313 water priority chemicals;
material storage areas for Section 313
water priority chemicals other than
liquids; truck and rail car loading and
unloading areas for liquid Section 313
water priority chemicals; and areas
where Section 313 water priority
chemicals are transferred, processed, or
otherwise handled.
The permit provides that site runoff
from other industrial areas of the facility
that may contain Section 313 water
priority chemicals or spills of Section
313 water priority chemicals must
incorporate the necessary drainage or
other control features to prevent the
discharge of spilled or improperly
disposed material and to ensure the
mitigation of pollutants in runoff or
leachate. The permit also establishes
special requirements for preventive
maintenance and good housekeeping,
facility security, and employee training.
In the proposed permit, EPA proposed
to require facilities subject to EPCRA
Section 313 requirements to have a
Registered Professional Engineer (PE)
certify their pollution prevention plans
every 3 years. However, in response to
commentors' concerns, EPA has revised
the permit to eliminate the PE
certification requirement. Instead, the
permit now requires facilities subject to
the special requirements to satisfy the
pollution prevention plan signature
requirements in Part IV.B.l. of the
permit. EPA agrees with commentors
that the operator is the most appropriate
person to perform the certification. In
addition, instead of certifying the plan
every 3 years, facilities subject to
EPCRA Section 313 requirements must
amend the pollution prevention plan
only when significant modifications are
made to the facility, such as the
addition of material handling areas or
chemical storage units.
b. Requirements for Priority Areas.
The permit provides that drainage from
priority areas should be restrained by
valves 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 must be manually activated.
Flapper-type drain valves must not be
used to drain containment areas, as
these will not effectively control spills.
Valves used for the drainage of
containment areas should, as far as is
practical, be of manual, open-and-closed
design. If facility drainage does not meet
these requirements, the final discharge
conveyance of all in-facility storm
sewers must 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 or
contaminated storm water to the facility.
Records must be kept of the frequency
and estimated volume (in gallons) of
discharges from containment areas.
Additional special requirements are
related to the types of industrial
activities that occur within the priority
area. These requirements are
summarized below:
(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, the material and
construction of tanks or containers used
for the storage of a Section 313 water
priority chemical must be compatible
with the material stored and conditions
of storage, such as pressure and
temperature. Liquid storage areas for
Section 313 water priority chemicals
must 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. A strong spill contingency
plan would typically contain, at a
minimum, a description of response
plans, personnel needs, and methods of
mechanical containment (such as use of
sorbents, booms, collection devices,
etc.), steps to taken for removal of spill
chemicals or materials, and procedures
to ensure access to and availability of
sorbents and other equipment. The
testing component of the plan would
provide for conducting integrity testing
of storage tanks at set intervals such as
once every 5 years, and conducting
integrity and leak testing of valves and
piping at a minimum frequency, such as
once per year. In addition, a strong plan
would include a written and actual
commitment of manpower, equipment
and materials required to comply with
the permit and to expeditiously control
and remove any quantity of spilled or
leaked chemicals that may result in a
toxic discharge.
(2) Other Material Storage Areas.
Material storage areas for Section 313
water priority chemicals other than
liquids that are subject to runoff,
leaching, or wind must incorporate
drainage or other control features to
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. Truck and rail car
loading and unloading areas for liquid
Section 313 water priority chemicals
must be operated to minimize
discharges of Section 313 water priority
chemicals. Appropriate measures to
minimize discharges of Section 313
chemicals may include the 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) when making and breaking
hose connections; a strong spill
contingency and integrity testing plan;
and/or other equivalent measures.
(4) Other Transfer, Process, or
Handling Areas. Processing equipment
and materials handling equipment must
be operated to minimize discharges of
Section 313 water priority chemicals.
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50820 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 I Notices
Materials used in' piping and equipment
must be compatible with the substances
handled. Drainage from process and
materials handling areas must 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 to
prevent a discharge of Section 313 water
priority chemicals to the drainage
system, and overhangs or door skirts to
enclose trailer ends at truck loading/
unloading docks must be provided as
appropriate. Visual inspections or leak
tests must be provided for overhead
piping conveying Section 313 water
priority chemicals without secondary
containment.
c. Today's permit allows facilities to
provide a certification, signed in
accordance with Part VII.G. (signatory
requirements) of this permit, that all
Section 313 water priority chemicals
handled and/or stored onsite are only in
gaseous or non-soluble liquid or solid
(at atmospheric pressure and
temperature) forms in lieu of the
additional requirements in Part VI.E.2 of
today's permit. By allowing such a
certification, EPA hopes to limit the
application of the special requirements
Part IV.E.2. of the permit to those
facilities with 313 water priority
chemicals that truly have the potential
to contaminate storm water discharges
associated with industrial activity.
3. Special Requirements for Storm
Water Discharges Associated With
Industrial Activity From Salt Storage
Facilities
Today's general permit contains
special requirements for storm water
discharges associated with industrial
activity from salt storage facilities.
Storage piles of salt used for deicing or
other commercial or industrial purposes
must be enclosed or covered to prevent
exposure to precipitation, except for
exposure resulting from adding or
removing materials from the pile. This
requirement only applies to runoff from
storage piles discharged to waters of the
United States. Facilities that collect all
of the runoff from their salt piles and
reuse it in their processes or discharge
it subject to a separate NPDES permit do
not need to enclose or cover their piles.
Permittees must comply with this
requirement as expeditiously as
practicable, but in no event later than 3
years from the date of permit issuance.
These special requirements have been
included in today's permit based on
human health and aquatic effects
resulting from storm water runoff from
salt storage piles compounded with the
prevalence of salt storage piles across
the United States.
4, Consistency With Other Plans
Storm water pollution prevention
plans may reference the existence of
other plans 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.
E. Monitoring and Reporting
Requirements
The permit contains three general
types of monitoring requirements:
analytical monitoring or chemical
monitoring; compliance monitoring for
effluent guidelines compliance, and
visual examinations of storm water
discharges. This section provides a
general description of each of these
types of monitoring. Actual monitoring
requirements for a given facility under
the permit will vary depending upon
the industrial activities that occur at a
facility and the criteria for determining
' monitoring used to develop the permit.
Table 3 lists the sections of the permit
and of this fact sheet that describe the
monitoring requirements as they apply
to the specific industrial activities
eligible for coverage under the permit.
These are minimum monitoring
requirements and if a permittee so
chooses, he may conduct additional
sampling to acquire mqre data to
improve the statistical validity of the
results. Through increased analytical or
visual monitoring the permittee may be
able to better ascertain the effectiveness
of their pollution prevention plan.
Analytical monitoring requirements
involve laboratory chemical analyses of
samples collected by the permittee. The
results of the analytical monitoring are
quantitative concentration values for
different pollutants, which can be easily
compared to the results from other
sampling events, other facilities, or to
National benchmarks. Section VLE.l.
describes the analytical monitoring
requirements and the process and
criteria by which an industry sector or
subsector was selected for analytical
monitoring. Compliance monitoring
requirements are imposed under today's
permit to insure that discharges subject
to numerical effluent limitations under
the storm water effluent limitations
guidelines are in compliance with those
limitations. The compliance monitoring
requirements are explained in Section
VI.E.2.
Visual examinations of storm water
discharges are the least burdensome
type of monitoring requirement under
the permit. Almost all of the industrial
activities are required to perform visual
examinations of their storm water
discharges when they are occurring on
a quarterly basis. Visual examinations
are described in Section VI.E.8.
TABLE 3.—STORM WATER MONITORING REQUIREMENTS
Industrial activity
Timber Products Facilities* ;.
Paper and Allied Products Manufacturing Facilities* .
Chemical and Allied Products Manufacturing Facilities* .'.
Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers*
Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities*
Primary Metals Facilities*
Metal Mining (Ore Mining and Dressing) Facilities*
Coal Mines and Coal Mining-Related Facilities*
Oil and Gas Extraction Facilities*
Mineral Mining and Processing Facilities*
Hazardous Waste Treatment, Storage, or Disposal Facilities*
Landfills and Land Application Sites*
Section of fact
sheet describing
monitoring require-
ments
VIII A 8
VIII B7
VIII C8
VIII D5
VIII.E.7
VIII F 7
VIII G 8
VIII H 6
VIII 1 7
VIII J 6
VIII K7
VIII.L.6
Permit
section de-
scribing
monitoring
require-
ments
XI A 5
XI B 5
XI C 5
XI D 5
XI E 5
XI F 5
XI G 5
XI H 5
XI 1 5
XI J 5
XI K 5
XI.L.5.
_
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50821
TABLE 3.—STORM WATER MONITORING REQUIREMENTS—Continued
Industrial activity
Section of fact
sheet describing
monitoring require-
ments
Permit
section de-
scribing
monitoring
require-
ments
Automobile Salvage Yards* :
Scrap and Waste Recycling Facilities* .,..
Steam Electric Power Generating Facilities, Including Coal Handling Areas*
Vehfcls Maintenance or Equipment Cleaning Areas at Motor Freight Transportation Facilities, Passenger
Transportation Facilities, Petroleum Bulk Oil Stations and Terminals, Rail Transportation Facilities, and the
United States Postal Service Transportation Facilities.
Vehicle Maintenance Areas and/or Equipment Cleaning Operations at Water Transportation Facilities*
Ship and Boat BuWng or Repairing Yards
Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing Areas Located at Air Transportation Fa-
cilities*.
Treatment Works*
Food and Kindred Products Facilities* ,. . ,
Texttte MiBs, Apparel, and Other Fabric Product Manufacturing Facilities*
Wood and Metal Furniture and Fixture Manufacturing Facilities
Printing and Publishing Facilities
Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries*
Leather Tanning and Finishing Facilities
Fabricated Metal Products Industry*
Facilities That Manufacture Transportation Equipment, Industrial, or Commercial Machinery
Facilities That Manufacture Electronic and Electrical Equipment and Components, Photographic and Optical
Goods.
VIII.M.6
VIII.N.6
VIII.O.6
VIII.P.6
VIII.Q.6
VIII.R.6
VIII.S.6
VIII.T.6
VIII.U.5
VIII.V.6
VIII.W.5
VIII.X.7
VIII.Y.7
VIII.Z.7
VIII.AA.7
VIII.AB.7
VIII.AC.7
XI.M.5.
XI.N.5.
XI.O.5.
XI.P.5
XI.Q.5.
XI.R.5.
XI.S.5.
XI.T.5.
XI.U.5.
XI.V.5.
XI.W.5.
XI.X.5.
XI.Y.5.
XI.Z.5.
XI.AA.5.
XI.AB.5.
XI.AC.5.
Denotes a sector that contains analytical monitoring requirements for an entire sector or a subsector.
1. Analytical Monitoring Requirements.
Today's permit requires analytical
monitoring for discharges from certain
classes of industrial facilities. EPA
believes that industries may reduce the
level of pollutants in storm water runoff
from their sites through the
development and proper
implementation of a storm water
pollution prevention plan discussed in
today's permit. Analytical monitoring is
a moans by which to measure the
concentration of a pollutant in a storm
water discharge. Analytical results are
quantitative and therefore can be used
to compare results from discharge to
discharge and to quantify the
improvement in storm water quality
attributable to the storm water pollution
prevention plan, or to identify a
pollutant that is not being successfully
controlled by the plan. EPA realizes
there are greater cost burdens associated
with analytical monitoring in
comparison to visual examinations.
Today's permit only requires analytical
monitoring for the industry sectors or
subsectors that demonstrated a potential
to discharge pollutants at concentrations
of concern.
To determine the industry sectors and
subsectors that would be subject to
analytical monitoring requirements
contained in the sections listed in Table
3, EPA reviewed the data submitted in
the group application process. First,
EPA divided the Part 1 and Part 2
application data by the industry sectors
listed in Table 3. Where a sector was
found to contain a wide range of
industrial activities or potential
pollutant sources, it was further
subdivided into the industry subsectors
listed in Table 4. Next, EPA reviewed
the information submitted in Part 1 of •
the group applications regarding the
industrial activities, significant
materials exposed to storm water, and !
the material management measures
employed. This information helped
identify potential pollutants that may be
present in the storm water discharges.
Then, EPA entered into a database, the
sampling data submitted in Part 2 of the
group applications. That data was
arrayed according to industrial sector
and subsector for the purposes of
determining when analytical monitoring
would be appropriate. Data received by
EPA prior to January 1,1993 (three
months after the application deadline)
were entered into EPA's database. Some
additional data that was submitted even
after January 1,1993 was also entered
into the database to bolster the data set
for some sectors or subsectors (e.g., the
auto salvage industry). All data
submitted even later by group
applicants which was not loaded into
the database was reviewed by EPA
during development of the permit. EPA
notes that preliminary copies of the
database were distributed to the public
upon request in advance of a complete
screening of the quality of the data set.
These copies of the database contained
a variety of errors that were screened
and removed prior to EPA statistical
analysis and evaluation of the results.
The results of the statistical analyses are
presented in the appropriate section of
the fact sheet referenced in Table 3.
TABLE 4.—SECTOR/SUBSECTOR DIVISION OF GROUP APPLICANTS FOR ANALYSES OF SAMPLING DATA
Subsector
SIC code
Activity represented
Sector A. Timber Products
2421
2491
2411
2426
General Sawmills and Planning Mills.
Wood Preserving.
Log Storage and Handling.
Hardwood Dimension and Flooring Mills.
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Federal Register /Vol. 60, No. 189 / Friday, September 29, 1995 7 Notices
TABLE 4.—SECTOR/SUBSECTOR DIVISION OF GROUP APPLICANTS FOR ANALYSES OF SAMPLING DATA—Continued
Subsector
SIC code
Activity represented
2429
243X
244X
245X
2493
2499
Special Product Sawmills, Not Elsewhere Classified.
Millwork, Veneer, Plywood, and Structural Wood.
Wood Containers.
Wood Buildings and Mobile Homes.
Reconstituted Wood Products.
Wood Products, Not Elsewhere Classified.
Sector B. Paper and Allied Products Manufacturing
1 261X Pulp Mills.
2 262X Paper Mills.
3* 263X Paperboard Mills.
4 265X Paperboard Containers and Boxes.
5 267X Converted Paper and Paperboard Products, Except Containers and Boxes.
Sector C. Chemical and Allied Products Manufacturing.
1* 281X Industrial Inorganic Chemicals.
2* 282X Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except
Glass.
3 283X Drugs.
4* 284X Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations.
5 285X Paints, Varnishes, Lacquers, Enamels, and Allied Products.
6 286X Industrial Organic Chemicals.
7* 287X Agricultural Chemicals.
8 289X Miscellaneous Chemical Products.
Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers
1* 295X Asphalt Paving and Roofing Materials.
2 299X Miscellaneous Products of Petroleum and Coal.
Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
1 321X Flat Glass.
322X Glass and Glassware, Pressed or Blown.
323X Glass Products Made of Purchased Glass.
2 324X Hydraulic Cement.
3* 325X Structural Clay Products.
326X Pottery and Related Products.
3297 Non-Clay Refractories.
4* 327X Concrete, Gypsum and Plaster Products.
3295 Minerals and Earth's, Ground, or Otherwise Treated.
Sector F. Primary Metals
1* 331X Steel Works, Blast Furnaces, and Rolling and Finishing Mills.
2* 332X Iron and Steel Foundries.
3 333X Primary Smelting and Refining of Nonferrous Metals.
4 334X Secondary Smelting and Refining of Nonferrous Metals.
5* 335X Rolling, Drawing, and Extruding of Nonferrous Metals.
6* 336X Nonferrous Foundries (Castings).
7 339X Miscellaneous Primary Metal Products.
Sector G. Metal Mining (Ore Mining and Dressing)
1 :. 101X Iron Ores.
2* 102X Copper Ores.
3 103X Lead and Zinc Ores.
4 104X Gold and Silver Ores. .
5 106X Ferroalloy Ores, Except Vanadium.
6 108X Metal Mining Services.
7 109X Miscellaneous Metal Ores.
Sector H. Coal Mines and Coal Mining-Related Facilities
NA* 12XX Coal Mines and Coal Mining-Related Facilities.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50823
TABLE 4. — SECTOR/SUBSECTOR DIVISION OF GROUP APPLICANTS FOR ANALYSES OF SAMPLING DATA— Continued
Subsector
SIC code
Activity represented
Sector 1. Oil and Gas Extraction
1*
2
3-
131X
132X
138X
Crude Petroleum and Natural Gas.
Natural Gas Liquids.
Oil and Gas Field Services.
Sector J. Mineral Mining and Dressing
1*
2*
3
4
141X
142X
148X
144X
145X
147X
Dimension Stone.
Crushed and Broken Stone, Including Rip Rap.
Nonmetallic Minerals, Except Fuels.
Sand and Gravel.
Clay, Ceramic, and Refractory Materials.
Chemical and Fertilizer Mineral Mining.
Sector K. Hazardous Waste Treatment Storage or Disposal Facilities
NA*
NA
Hazardous Waste Treatment Storage or Disposal.
Sector L. Landfills and Land Application Sites
NA*
NA
Landfills and Land Application Sites.
Sector M. Automobile Salvage Yards
NA*
5015
Automobile Salvage Yards.
Sector N. Scrap Recycling Facilities
NA*
5093
Scrap Recycling Facilities.
Sector O. Steam Electric Generating Facilities
NA*
NA
Steam Electric Generating Facilities.
Sector P. Land Transportation
1
2
3
4
5
40XX
41 XX
42XX
43XX
5171
Railroad Transportation.
Local and Highway Passenger Transportation.
Motor Freight Transportation and Warehousing.
United States Postal Service.
Petroleum Bulk Stations and Terminals.
Sector Q. Water Transportation
NA*
44XX
Water Transportation.
Sector R. Ship and Boat Building or Repairing Yards
NA
373X
Ship and Boat Building or Repairing Yards.
Sector S. Air Transportation Facilities
NA*
45XX
Air Transportation Facilities.
Sector T. Treatment Works
NA'
NA
Treatment Works.
Sector U. Food and Kindred Products
1
2
3
4*
201 X
202X
203X
204X
Meat Products.
Dairy Products.
Canned, Frozen and Preserved Fruits, Vegetables and Food Specialties.
Grain Mill Products. .•.:..-.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE 4.—SECTOR/SUBSECTOR DIVISION OF GROUP APPLICANTS FOR ANALYSES OF SAMPLING DATA—Continued
Subsector
SIC code
Activity represented
5 205X Bakery Products.
6 206X Sugar and Confectionery Products.
7* 207X Fats and Oils.
8 208X Beverages.
9 209X Miscellaneous Food Preparations and Kindred Products.
Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing
1 22XX Textile Mill Products.
2 23XX Apparel and Other Finished Products Made From Fabrics and Similar Materials.
Sector W. Furniture and Fixtures
NA 25XX Furniture and Fixtures.
2434 Wood Kitchen Cabinets.
Sector X. Printing and Publishing
NA 27XX Printing and Publishing.
Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
1* 301X Tires and Inner Tubes.
302X Rubber and Plastics Footwear.
305X Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting.
306X Fabricated Rubber Products, Not Elsewhere Classified.
2 308X Miscellaneous Plastics Products.
393X Musical Instruments.
394X Dolls, Toys, Games and Sporting and Athletic Goods.
395X Pens, Pencils, and Other Artists' Materials.
396X Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal.
399X Miscellaneous Manufacturing Industries.
Sector Z. Leather Tanning and Finishing
NA 311X Leather Tanning and Finishing.
Sector AA. Fabricated Metal Products
1* 342X Cutlery, Handtools, and General Hardware.
344X Fabricated Structural Metal Products.
345X Screw Machine Products, and Bolts, Nuts, Screws, Rivets, and Washer.
346X Metal Forgings and Stampings.
3471 Electroplating, Plating, Polishing, Anodizing, and Coloring.
349X Miscellaneous Fabricated Metal Products.
391X Jewelry, Silverware, and Plated Ware.
2* 3479 Coating, Engraving, and Allied Services.
Sector AB. Transportation Equipment, Industrial or Commercial Machinery
NA 35XX Industrial and Commercial Machinery.
Sector AC. Electronic, Electrical, Photographic and Optical Goods
NA 36XX Electronic, Electrical.
38XX Measuring, Analyzing and Controlling Instrument; Photographic and Optical Goods.
* Denotes subsector with analytical (chemical) monitoring requirements.
NA indicated those industry sectors in which subdivision into subsectors was determined to be not applicable.
To conduct a comparison of the
results of the statistical analyses to
determine when analytical monitoring
would be required, EPA established
"benchmark" concentrations for the
pollutant parameters on which
monitoring results had been received.
The "benchmarks" are the pollutant
concentrations above which EPA
determined represents a level of
concern. The level of concern is a
concentration at which a storm water
discharge could potentially impair, or
contribute to impairing water quality or
affect human health from ingestion of
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50825
water or fish. The benchmarks are also
viewed by EPA as a level, that if below,
a facility represents little potential for
water quality concern. As such, the
benchmarks also provide an appropriate
level to determine whether a facility's
storm water pollution prevention
measures are successfully implemented.
The benchmark concentrations are not
effluent limitations and should not be
interpreted or adopted as such. These
values are merely levels which EPA has
used to determine if a storm water
discharge from any given facility merits
further monitoring to insure that the
facility has been successful in
implementing a storm water pollution
prevention plan. As such these levels
represent a target concentration for a
facility to achieve through
implementation of pollution prevention
measures at the facility. Table 5 lists the
parameter benchmark values.
As can be seen in Table 5, benchmark
concentrations were determined based
upon a number of existing standards or
other sources to represent a level above
which water quality concerns could
arise. EPA has also sought to develop
values which can realistically be
measured and achieved by industrial
facilities. Moreover, storm water
discharges with pollutant
concentrations occurring below these
levels would not warrant further
analytical monitoring due to their de
minimis potential effect on water
quality.
The primary source of benchmark
concentrations is EPA's National Water
Quality Criteria, published in 1986
(often referred to as the "Gold Book").
For the majority of the benchmarks, EPA
chose to use the acute aquatic life, fresh
water ambient water quality criteria.
Those criteria represent maximum
concentration values for a pollutant,
above which, could cause acute effects
on aquatic life such as mortality in a
short period of time. Where acute
criteria values were not available, EPA
used the lowest observed effect level
(LOEL) acute fresh water value. The
LOEL values represent the lowest
concentration of a pollutant that results
in an adverse effect over a short period
of time. These two acute freshwater
values were selected as benchmark
concentrations if the value was not
below the approved method detection
limit as listed in 40 CFR Part 136 and
the value was not substantially above
the concentration which EPA believes a
facility can attain through the
implementation of a storm water
pollution prevention plan. These acute
freshwater values best represent, on a
national basis, the highest
concentrations at which typical fresh
water species can survive exposures of
pollutants for short durations (i.e., a
storm discharge event).
Acute freshwater criteria do not exist
for a number of parameters on which
EPA received data. For these
parameters, EPA selected benchmark
values from several other references.
The benchmark concentrations for five
day biochemical oxygen demand (BODS)
and for pH are determined based upon
the secondary wastewater treatment
regulations (40 CFR 133.102). EPA
believes that the BOD5 value of 30 rag/
L is a reasonable concentration below
which adverse effects in receiving
waters under wet weather flow
conditions should not occur. EPA also
believes, that given group application
data on BOD5, this value should be
readily achievable by industrial storm
water dischargers. The benchmark value
for pH is a range of 6.0-9.0 standard
units. EPA believes this level, given the
group application data, is reasonably
achievable by industrial storm water
dischargers and represents and
acceptable range within which aquatic
life impacts will not occur. The
benchmark concentration for chemical
oxygen demand (COD) is based upon
the State of North Carolina benchmark
values for storm water discharges, and
is a factor of four times the BOD5
benchmark concentration. EPA has
concluded that COD is generally
discharged in domestic wastewater at
four times the concentration of BODs
without causing adverse impacts on
aquatic life. EPA selected the median
concentration from the National Urban
Runoff Program as the benchmark for
total suspended solids (TSS) and for
nitrate plus nitrite as nitrogen. EPA
believes the median concentration,
which is the mid-point concentration
(half the samples are above this level
and half are below) represents
concentration above which water
quality concerns may result. For TSS a
value of lOOmg/L is similar to the storm
water benchmark used by North
Carplina for storm water permits, and
given the group application data, should
be readily achievable by industry with
implementation of BMPs, many of
which are designed for the purpose of
controlling TSS. EPA also believes,
given the group application data, that
there is a relationship between TSS and
the amount of exposed industrial
activity and that industrial activities
even in arid western States should be
able to implement BMPs that will
accomplish this benchmark. EPA
selected the storm water effluent
limitation guideline for petroleum
refining facilities as the benchmark for
oil and grease. Given the lack of an
acute criteria, EPA selected the chronic
fresh water quality criteria as the
benchmark for iron. Water quality
criteria for waterbodies in the State of
North Carolina were used to determine
benchmarks for total phosphorus and
for fluoride." The concentration value for
phosphorus was designed to prevent
eutrophication of fresh waterbodies
from storm water runoff. The fluoride
value was designed by North Carolina to
be protective of water quality, as was
the manganese value developed by
Colorado. EPA believes that each of
these benchmark values represent a
reasonable level below which water
quality impacts should not occur and
they therefore represent a useful level to
assess whether a pollution prevention
plan is controlling pollution in storm
water discharges.
For several other parameters, EPA
chose a benchmark value base on a
numerical adjustment of the acute fresh
water quality criteria. Where the acute
water quality criteria was below the
method detection level for a pollutant,
EPA used the "minimum level" (ML) as
the benchmark concentration to ensure
that the benchmark levels could be
measured by permittees. For a few
pollutants minimum levels have been
published and these were used. For
other pollutants, minimum levels need
to be calculated. EPA calculated the
minimum levels using the methodology
described in the draft "National
Guidance for the Permitting,
Monitoring, and Enforcement of Water
Quality-based Effluent Limitations Set
Below Analytical Detection/
Quantitation Levels" (Michael Cook,
OWEC, March 18,1994).
Additionally, several organic
compounds (ethylbenzene,
fluoranthene, toluene, and
trichloroethylene) have acute fresh.
water quality criteria at substantially
high concentrations, much higher than
criteria developed for the protection of
human health when ingesting water or
fish. In addition, trichloroethylene is a
human carcinogen. Therefore, EPA
selected the human health criteria as
benchmarks for these parameters. For
dimethyl phthalate and total phenols,
EPA selected benchmark concentrations
based upon existing discharge
limitations and compliance data (no
industry had median concentrations
above the selected benchmark for these
parameters and therefore no industry
sector is required to monitor for these
two pollutants).
EPA conducted statistical analyses of
the group Part 2 data for each parameter
within every industry sector or
subsector listed in Table 5. The
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50826
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
pollutants, benchmark values, and
source of the benchmark values are
indicated below in Table 5.
TABLE 5.—PARAMETER BENCHMARK VALUES
Parameter name
Benchmark level
Source
Biochemical Oxygen Demand(5) .-. 30 mg/L
Chemical Oxygen Demand 120 mg/L
Total Suspended Solids '. 1 oo mg/L
Oil and Grease 15 mg/L
Nitrate + Nitrite Nitrogen 0.68 mg/L
Total Phosphorus . 2.0 mg/L
pH i 6.0-9.0 s.u.
Acrylonitrile (c) 7.55 mg/L
Aluminum, Total (pH 6.5-9) 0.75 mg/L
Ammonia : 19 mg/L.
Antimpny, Total ., ;.'..-„. 0.636 mg/L
Arsenic, Total (c) o.16854 mg/L
Benzene Q.01 mg/L
Beryllium, Total (c) ; 0.13 mg/L
Butylbenzyl Phthalate ., 3 mg/L
Cadmium, Total (H) ; 0.0159 mg/L
Chloride 860 mg/L
Copper, Total (H) : 0.0636 mg/L
Dimethyl Phthalate .'. 1.0 mg/L
Ethylbenzene 3.1 mg/|_
Fluoranthene 0.042 mg/L
Fluoride l!smg/L
Iron, Total 1.0 mg/L
Lead, Total (H) , .-. 0.0816 mg/L
Manganese 1.0 mg/L
Mercury, Total 10.0024 mg/L
Nickel, Total (H) 1.417 mg/L.
PCB-1016 (c) . 0.000127 mg/L
PCB-1221 (c) 0.10 mg/L
PCB-1232(c) 0.000318 mg/L
PCB-1242(c) 0.00020 mg/L
PCB-1248(c) 0.002544 mg/L
PCB-1254 (c) , o.10 mg/L
PCB-1260(c) 0.000477 mg/L
Phenols, Total 1.0 mg/L
Pyrene (PAH.c) .. 0.01 mg/L
Selenium, Total (*) : 0.2385 mg/L
Silver, Total (H) 0.0318 mg/L
Toluene io.Omg/L
Trichloroethylene (c) 0.0027 mg/L
Zinc. Total (H) „„.. ...„ [ p. 117 mg/L
Sources:
1. "EPA Recommended Ambient Water Quality Criteria." Acute Aquatic Life Freshwater.
2. "EPA Recommended Ambient Water Quality Criteria." LOEL Acute Freshwater.
3. "EPA Recommended Ambient Water Quality Criteria." Human Health Criteria for Consumption of Water and Organisms
4. Secondary Treatment Regulations (40 CFR 133).
5. Factor of 4 times BOD5 concentration—North Carolina benchmark.
6. North Carolina storm water benchmark derived from NC Water Quality Standards.
7. Natipnal Urban Runoff Program (NURP) median concentration.
8. Median concentration of Storm Water Effluent Limitation Guideline (40 CFR Part 419).
9. Minimum Level (ML) based upon highest Method Detection Limit (MDL) times a factor of 3.18.
10. Laboratory derived Minimum Level (ML).
11. Discharge limitations and compliance data.
12. "EPA Recommended Ambient Water Quality Criteria." Chronic Aquatic Life Freshwater.
13. Colorado—Chronic Aquatic Life Freshwater—Water Quality Criteria.
Notes:
(*) Limit established for oil and gas exploration and production facilities only.
c) carcinogen.
H) hardness dependent. '
PAH) Polynuclear Aromatic Hydrocarbon.
Assumptions:
Receiving water temperature—20 C.
Recejving water pH—7.8.
Receiving water hardness CaCO3 100 mg/L.
Receiving water salinity 20 g/kg.
Acute to Chronic Ratio (ACR)—10.
4
5
7
8
7
6
4
2
1
1
9
9
10
2
3
9
1
9
11
3
3
6
12
1
13
1
1
9
10
9
10
9
10
9
11
10
9
9
3
3
1
EPA prepared a. statistical analysis of
the sampling data for each pollutant
parameter reported within each sector
or subsector. (Only where EPA did not
subdivide an industry sector into
subsectors was an analysis of the entire
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50827
sector's data performed.) The statistical
analysis was performed assuming a
delta log normal distribution of the
sampling data within each sector/
subsector. The analyses calculated
median, mean, maximum, minimum,
95th, and 99th percentile concentrations
for each parameter. The results of the
analyses may be found in the
appropriate section of Part Vin of this
Fact Sheet. From this analysis, EPA was
able to identify pollutants for further
evaluation within each sector or
subsector.
EPA next compared the median
concentration for each pollutant for
each sector or subsector to the
benchmark concentrations listed in
Table 5. EPA also compared the other
statistical results to the benchmarks to .
better ascertain the magnitude and range
of the discharge concentrations to help
identify the pollutants of concern. EPA
did not conduct this analysis if a sector
had data for a pollutant from less than
threa individual facilities. Under these
circumstances, the sector or subsector
would not have this pollutant identified
as a pollutant of concern. This was done
to ensure that a reasonable number of
facilities represented the industry sector
or subsector as a whole and that the
analysis did not rely on data from only
one facility.
For each industry sector or subsector,
parameters with a median concentration
higher than the benchmark level were
considered pollutants of concern for the
industry and identified as potential
pollutants for analytical monitoring
under today's permit. EPA then
analyzed the list of potential pollutants
to be monitored against the lists of
significant materials exposed and
industrial activities which occur within
each industry sector or subsector as
described in the part I application
information. Where EPA could identify
a source of a potential pollutant which
is directly related to industrial activities
of the industry sector or subsector, the
permit identifies that parameter for
analytical monitoring. If EPA could not
identify a source of a potential pollutant
which was associated with the sector/
subsector's industrial activity, the
permit does not require monitoring for
the pollutant in that sector/subsector.
Industries with no pollutants for which
the median concentrations are higher
than the benchmark levels are not
required to perform analytical
monitoring under this permit, with the
exceptions explained below.
In addition to the sectors and
subsectors identified for analytical
monitoring using the methods described
above, EPA determined, based upon a
review of the degree of exposure, types
of materials exposed, special studies
and in some cases inadequate sampling
data in the group applications, that
industries in the following sections of
today's fact sheet also warrant analytical
monitoring not withstanding the
absence of data on the presence or
absence of certain pollutants in the
group applications: VHI.K.7 (hazardous
waste treatment storage and disposal
facilities), and Vm.S.6 (airports which
use more than 100,000 gallons per year
of glycol-based fluids or 100 tons of urea
for doicing). These industries are
required to perform analytical
monitoring under the permit due to the
high potential for contamination of
storm water discharge, which EPA
believes was not adequately
characterized by group applicants in the
information they provided in the group
application process.
All facilities within an industry sector
or subsector identified for analytical
monitoring must, at a minimum,
monitor their storm water discharges
during the second year of permit
coverage, unless the facility exercises
the Alternative Certification described
in Section VI.E.3 of this fact sheet. At
the end of the second year of permit
coverage, a facility must calculate the
average concentration for each
parameter for which the facility is
required to monitor. If the permittee
collects more than four samples in this
period, then they must calculate an
average concentration for each pollutant
of concern for all samples analyzed.
Monitoring must be conducted for the
same storm water discharge outfall in
each sampling period. Where a given
storm water discharge is addressed by
more than one sector/subsector's
monitoring requirements, then the
monitoring requirements for the
applicable sector's/subsector's activities
are cumulative. Therefore, if a particular
discharge fits under more than one set
of monitoring requirements, the facility
must comply with all sets of sampling
requirements. Monitoring requirements
must be evaluated on an outfall-by-
outfall basis.
If the average concentration for a
pollutant parameter is less than or equal
to the benchmark value, then the
permittee is not required to conduct
analytical monitoring for that pollutant
during the fourth year of the permit. If,
however, the average concentration for
a pollutant is greater than the
benchmark value, then the permittee is
required to conduct quarterly
monitoring for that pollutant during the
fourth year of permit coverage.
Analytical monitoring is not required
during the first, third, and fifth year of
the permit. The exclusion from
analytical monitoring in the fourth year
of the permit is conditional on the
facility maintaining industrial
operations and BMPs that will ensure a
quality of storm water discharges
consistent with the average
concentrations recorded during the
second" year of the permit.
2. Compliance Monitoring
In addition to the analytical
monitoring requirements for certain
sectors, today's permit contains
monitoring requirements for discharges
which are subject to effluent limitations.
These discharges must be sampled
annually and tested for the parameters
which are limited by the permit.
Discharges subject to compliance
monitoring include: coal pile runoff,
contaminated runoff from phosphate
fertilizer manufacturing facilities, runoff
from asphalt paving and roofing
emulsion production areas, material
storage pile runoff from cement
manufacturing facilities, and mine
dewatering discharges from crushed
stone, construction sand and gravel, and
industrial sand mines located in Texas,
Louisiana, Oklahoma, New Mexico, and
Arizona. All samples are to be grabs
taken within the first 30 minutes of
discharge where practicable, but in no
case later than the first hour of
discharge. Where practicable, the
samples shall be taken from the
discharges subject to the numeric
effluent limitations prior to mixing with
other discharges.
Monitoring for these discharges is
required to determine compliance with
numeric effluent limitations.
Furthermore, discharges covered under
today's permit which are subject to
numeric effluent limitations are not
eligible for the alternative certification
in Part VI.E.3. of this fact sheet.
3. Alternate Certification
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
certification described below is
included in the permit to ensure that
monitoring requirements are only
imposed on those facilities which do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
there are no sources of a pollutant
exposed to storm water at the site then
the potential for that pollutant to
contaminate storm water discharges
does not warrant monitoring.
Therefore, a discharger is not subject
to the analytical monitoring
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requirements provided the discharger
makes a certification for a given outfall,
on a pollutant-by-pollutant basis, 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
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 lieu of
monitoring reports required under Part
. XI of the permit. The permittee is
required to complete any and all
sampling until the exposure is
eliminated. If the facility is reporting for
a partial year, the permittee must
specify the date exposure was
eliminated. If the permittee is certifying
that a pollutant was present for part of
the reporting period, nothing relieves
the permittee from the responsibility to
sample that parameter up until the
exposure was eliminated and it was
determined that no significant materials
remained. This certification is not to be
confused with the low concentration
sampling waiver. The test for the
application of this certification is
whether the pollutant is exposed, or can
be expected to be present in the storm
water discharge. If the facility does not
and has not used a parameter, or if
exposure is eliminated and no
significant materials remain, then the
facility can exercise this certification.
The permit does not allow facilities
with discharges subject to numeric
effluent limitations to submit alternative
certification in lieu of the compliance
monitoring requirements in Sections
VI.C., XI.C.6., XI.D.5., XI.E.5., and XI.J.5.
The permit also does not allow air
transportation facilities subject to the
analytical monitoring requirements
under Section XI.S.5. to exercise an
alternative certification.
A facility is not precluded from
exercising the alternative certification in
lieu of analytical monitoring
requirements in the fourth year of
permit coverage, even if that facility
failed to qualify for a low concentration
waiver in year two. EPA encourages
facilities to eliminate exposure of
industrial activities and significant
materials where practicable.
4. Reporting and Retention
Requirements
Permittees are required to submit all
analytical monitoring results obtained
during the second and fourth year of
permit coverage within three months of
the conclusion of the second and fourth
year of coverage of the permit. Fqr each
outfall, one Discharge Monitoring
Report Form must be submitted per
storm event sampled. For facilities
conducting monitoring beyond the
minimum requirements an additional
Discharge Monitoring Report Form must
be filed for each analysis. The permittee
must include a measurement or estimate
of the total precipitation, volume of
runoff, and peak flow rate of runoff for
each storm event sampled. Permittees
subject to compliance monitoring
requirements are required to submit all
compliance monitoring results annually
on the 28th day of the month following
the anniversary of the publication of
this permit. Compliance monitoring
results must be submitted on signed
Discharge Monitoring Report Forms. For
each outfall, one Discharge Monitoring
Report form must be submitted for each
storm event sampled.
Permittees are not required to submit
records of the visual examinations of
storm water discharges unless
specifically asked to do so by the
Director. Records of the visual
examinations must be maintained at the
facility. Records of visual examination
of storm water discharge need not be
lengthy. Permittees may prepare typed
or hand written reports using forms or
tables which they may develop for their
facility. The report need only document:
the date and time of the examination;
the name of the individual making the
examination; and any observations of
color, odor, clarity, floating solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution.
The location for submittal of all
reports is contained in the permit.
Consistent with Office of Management
and Budget Circular A-105, facilities
located on the following Federal Indian
Reservations, which cross EPA Regional
boundaries, should note that permitting
authority for such lands is consolidated
in one single EPA Region.
a. Duck Valley Reservations lands,
located in Regions IX and X, are
handled by Region IX.
b. Fort McDermitt Reservation lands,
located in Regions IX and X, are
handled by Region IX.
c. Goshute Reservation lands, located
in Regions Vm and IX, are handled by
Region IX.
d. Navajo Reservation lands, located
in Regions VI, VHI, and IX, are handled
by Region IX.
e. Ute Mountain Reservation lands,
located in Regions VI and VIII, are
handled Region VIE (no areas in Region
VIII are receiving coverage under this
permit).
Pursuant to the requirements of 40
CFR 122.41(j), today's permit requires
permittees to retain all records for a
minimum of 3 years from the date of the
sampling, examination, or other activity
that generated the data.
5. Sample Type
The discussion below is a general
description of the sample type required
for monitoring under today's permit.
Certain industries have different
requirements, however, so permittees
should check the industry-specific
requirements in Part XI. of today's
permit to confirm these requirements.
Grab samples may be used for all
monitoring unless otherwise stated. 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 required 72-hour storm event
interval may be waived by the permittee
where the preceding measurable storm
event did not result in a measurable
discharge from the facility. The 72-hour
requirement may also be waived by the
permittee where the permittee
documents that less than a 72-hour
interval is representative for local storm
events during the season when sampling
is being conducted. The grab sample
must be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 minutes is impracticable, a grab
sample can be taken during the first
hour of the discharge, and the
discharger must submit with the
monitoring report a description of why
a grab sample during the first 30
minutes was impracticable. A minimum
of one grab is required. Where the
discharge to be sampled contains both
storm water and non-storm water, the
facility shall sample the storm water
component of the discharge at a point
upstream of the location where the non-
storm water mixes with the storm water,
if practicable.
6. Representative Discharge
The permit allows permittees to use
the substantially identical outfalls to
reduce their monitoring burden. This
representative discharge provision
provides facilities with multiple storm
water outfalls, a means for reducing die
number of outfalls that must be sampled
and analyzed. This may result in a
substantial reduction of the resources
required for a facility to comply with
analytical monitoring requirements.
When a facility has two or more outfalls
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50829
that, based on a consideration of
industrial activity, significant materials,
and management practices and activities
xvithin 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
Erevention plan a description of the
jcation of the outfalls and explaining
in detail why the outfalls are expected
to discharge substantially identical
effluent. 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
nigh (above 65 percent)) shall be
provided in the plan. Facilities that
select and sample a representative
discharge are prohibited from changing
the selected discharge in future
monitoring periods unless the selected
discharge ceases to be representative or
is eliminated. Permittees do not need
EPA approval to claim discharges are
representative, provided they have
documented their rationale within the
storm water pollution prevention plan.
However, the Director may determine
the discharges are not representative
and require sampling of all non-
identical outfalls.
The representative discharge
provision in the permit is available to
almost all facilities subject to the
analytical monitoring requirements (not
including compliance monitoring for
effluent guideline limit compliance
purposes) and to facilities subject to
visual examination requirements.
The representative discharge
provisions described above are
consistent with Section 5.2 of NPDES
Storm Water Sampling Guidance
Document (EPA 833-B-92-001, July
1992).
7. Sampling Waiver
a. Adverse Weather Conditions. The
permit allows for temporary waivers
from sampling based on adverse
climatic conditions. This temporary
sampling waiver is only intended to
apply to insurmountable weather
conditions such as drought or dangerous
conditions such as lightning, flash
flooding, or hurricanes. These events
tend to be isolated incidents and should
not be used as an excuse for not
conducting sampling under more
favorable conditions associated with
other storm events. The sampling
waiver is not intended to apply to
difficult logistical conditions, such as
remote facilities with few employees or
discharge locations which are difficult
to access. When a discharger is unable
to collect samples within a specified
sampling period due to adverse climatic
conditions, the discharger shall collect a
substitute sample from a separate
qualifying event in the next sampling
period as well as a sample for the'
routine monitoring required in that
period. Both samples should be
analyzed separately and the results of
that analysis submitted to EPA.
Permittees are not required to obtain
advance approval for sampling waivers.
b. Unstaffed and Inactive Sites—
Chemical Waiver. The permit allows for
a waiver from sampling for facilities that
are both inactive and unstaffed. This
waiver is only intended to apply to
these types of facilities when the ability
to conduct sampling would be severely
hindered and result in the inability to
meet the time and representative rainfall
sampling specifications. This sampling
waiver is not intended to apply to
remote facilities that are active and
staffed, or typical difficult logistical
conditions. When a discharger is unable
to collect samples as specified in this
permit, the discharger shall certify to
the!Director in the DMR that the facility
is unstaffed and inactive and the ability
to conduct samples within the
specifications is not possible. Permittees
are not required to obtain advance
approval for this waiver.
c. Unstaffed and Inactive Sites—
Visual Waiver. The permit allows for a
waiver from sampling for facilities that
are both inactive and unstaffed, This
waiver is only intended to apply to
these types of facilities when the ability
to conduct visual examinations would
be severely hindered and result in the
inability to meet the time and
representative rainfall sampling
specifications. This sampling waiver is
not intended to apply to remote
facilities that are active and staffed, or
typical difficult logistical conditions.
When a discharger is unable to perform
visual examinations as specified in this
permit, the discharger shall maintain on
site with the pollution prevention plan
a certification stating that the facility is
unstaffed and inactive and the ability to
perform visual examinations within the
specifications is not possible. Permittees
are not required to obtain advance
approval for visual examination
waivers.
8. Quarterly Visual Examination of
Storm Water Quality
In order to provide a tool for
evaluating the effectiveness of the
pollution prevention plan, the permit
requires the majority of industries
covered under today's permit to perform
quarterly visual examinations of storm
water discharges. EPA believes these
visual examinations will assist with the
evaluation of the pollution prevention
plan. This section provides a general
description of the monitoring and
reporting requirements under today's
permit. The visual examination
provides a simple, low cost means of
assessing the quality of storm water
discharge with immediate feedback.
Most facilities covered under today's
permit are required to conduct a
quarterly visual examination of storm
water discharges associated with
industrial activity from each outfall,
except discharges exempted under the
representative discharge provision. The
visual examination of storm water
outfalls should include any observations
of color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, or other obvious indicators of
storm water pollution. No analytical
tests are required to be performed on
these samples.
The examination of the sample must
be made in well lit areas. The visual
examination is not required if there is
insufficient rainfall or snow-melt to
runoff or if hazardous conditions
prevent sampling. Whenever practicable
the same individual should carry out
the collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible in recording
observations. Grab samples for the
examination shall be collected within
the first 30 minutes (or as soon
thereafter as practical, but not to exceed
1 hour) of when the runoff begins
discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
.maintained on site with the pollution
prevention plan.
When conducting a storm water
visual examination, the pollution
prevention team, or team member,
should attempt to relate the results of
the examination to potential sources of
storm water contamination on the site.
For example, if the visual examination
reveals an oil sheen, the facility
personnel (preferably members of the
pollution prevention team) should
conduct an inspection of the area of the
site draining to the examined discharge
to look for obvious sources of spilled
oil, leaks, etc. If a source can be located,
then this information allows the facility
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5O83O
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
operator to immediately conduct a
clean-up of the pollutant source, and/or
to design a change to the pollution
prevention plan to eliminate or
minimize the contaminant source from
occurring in the future.
To be most effective, the personnel
conducting the visual examination
should be fully knowledgeable about the
storm water pollution prevention plan,
the sources of contaminants on the site,
the industrial activities conducted
exposed to storm water and the day to
day operations that may cause
unexpected pollutant releases.
Other examples include; if the visual
examination results in an observation of
floating solids, the personnel should
carefully examine the solids to see if
they are raw materials, waste materials
or other known products stored or used
at the site. If an unusual color or odor
is sensed, the personnel should attempt
to compare the color or odor to the
colors or odors of known chemicals and
other materials used at the facility. If the
examination reveals a large amount of
settled solids, the personnel may check
for unpaved, unstabilized areas or areas
of erosion. If the examination results in
a cloudy sample that is very slow to
settle-out, the personnel should evaluate
the site draining to the discharge point
for fine particulate material, such as
dust, ash, or other pulverized, ground,
or powdered chemicals.
If the visual examination results in a
clean and clear sample of the storm
water discharge, this may indicate that
no visible pollutants are present. This
would be a indication of a high quality
result, however, the visual examination
will not provide information about
dissolved contamination. If the facility
is in a sector or subsector required to
conduct analytical (chemical)
monitoring, the results of the chemical
monitoring, if conducted on the same
sample, would help to identify the
presence of any dissolved pollutants
and the ultimate effectiveness of the
pollution prevention plan. If the facility
is not required to conduct analytical
monitoring, it may do so if it chooses to
confirm the cleanliness of the sample.
While conducting the visual
examinations, personnel should
constantly be attempting to relate any
contamination that is observed in the
samples to the sources of pollutants on
site. When contamination is observed,
the personnel should be evaluating
whether or not additional BMPs should
be implemented in the pollution
prevention plan to address the observed
contaminant, and if BMPs have already
been implemented, evaluating whether
or not these are working correctly or
need maintenance. Permittees .may also
conduct more frequent visual
examinations than the minimum
quarterly requirement, if they so choose.
By doing so, they may improve their
ability to ascertain the effectiveness of
their plan. Using this guidance, and
employing a strong knowledge of the
facility operations, EPA believes that
permittees should be able to maximize
the effectiveness of their storm water
pollution prevention efforts through
conducting visual examinations which
give direct, frequent feedback to the
facility operator or pollution prevention
team on the quality of the storm water
discharge.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties ofcthe storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. EPA
recommends that the visual
examination be conducted at different
times than the chemical monitoring, but
is not requiring this. In addition, more
frequent visual examinations can be
conducted if the permittee so chooses.
In this way, better assessments of the
effectiveness of the pollution prevention
plan can be achieved. The frequency of
this visual examination will also allow
for timely adjustments to be made to the
plan. If BMPs are performing
ineffectively, corrective action must be
implemented. A set of tracking or
follow-up procedures must be used to
ensure 'that appropriate actions are
taken in response to the examinations.
The visual examination is intended to
be performed by members of the
pollution prevention team. This hands-
on examination will enhance the staffs
understanding of the site's storm water
problems and the effects of the
management practices that are included
in the plan.'
9. SARA Title HI, Section 313 Facilities
Today's permit does not contain
special monitoring requirements for
facilities subject to the Toxic Release
Inventory (TRI) reporting requirements
under Section 313 of the EPCRA. EPA
has reviewed data submitted by
facilities in the group application and
determined that storm water monitoring
requirements are more appropriately
based upon the industrial activity or
significant material exposed than upon
a facility's status as a TRI reporter under
Section 313 of EPCRA. This
determination is based upon a
comparison of the data submitted by
TRI facilities included in the group
application process to data from group
application sampling facilities that were
not found on the TRI list. Table 6
summarizes the data comparison. The
data indicate that there are no consistent
differences in the level of water priority
chemicals present in samples from TRI
facilities when compared to the samples
from facilities not subject to TRI
reporting requirements.
EPA has included a revised Appendix
A that lists 44 additional water priority
chemicals that meet the definition of a
section 313 water priority chemical or
chemical categories requirements as
defined by EPA in the permit under Part
X, Definitions.
TABLE 6.—COMPARISON OF POLLUTANT CONCENTRATION IN GRAB SAMPLES
Pollutant
Acrylonitrile
Aluminum
Ammonia
Antimony
Arsenic
Benzene
Beryllium
Butylbenzyl phthalate
Cadmium ....;....
Chlorine .....
Non-TRI facil-
ity median
concen-tration
(mg/L)
0.100
0.922
0.640
0.000
0.000
0.000
0.001
0000
0.000
0.000
TRI facility
median
concen-tration
(mg/L)
0.000
0.819
0.000
0.000
0.000
0.000
0.000
0000
0.000
0.000
Non-TRI facil-
ity mean
concen-tration
(mg/L)
0.085
12.061
10.507
0.603
0.231
0.001
0.002
0007
0.014
1.590
TRI facility
mean concen-
tration (mg/L)
0.000
28.893
23.231
0.014
0.008
0.000
0.080
0000
0.030
0.052
Non-TRI facil-
ity 95th per-
centile
concen-tration
(mg/L)
0.100
58.000
9.500
2.096
0.170
0.001
0.007
0018
0.050
11.000
TRI facility
95th percentile
concen-tration
(mg/L)
0.000
12.000
17.200
0.078
0.033
0.000
0.400
0000
0.028
0.300
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50831
TABLE 6.—COMPARISON OF POLLUTANT CONCENTRATION IN GRAB SAMPLES—Continued
Pollutant
Coooer
Dl-n-butyl phthalate
Dimethyl phthalate
Nickel
Silvef
Toluene
Trichtofoethytene
1 1 1-Trichk>roethane
Non-TRI facil-
ity median
concen-tration
(mg/L)
0.000
0.006
0.047
0.000
0.000
0.000
0.000
0.000
0.020
0.150
0.000
0.000
0.020
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.320
TRI facility
median
concen-tration
(mg/L)
0.000
0.000
0.028
0.000
0.000
0.000
0.000
0.000
0.006
0.090
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.250
Non-TRI facil-
ity mean
concen-tration
(mg/L)
0.083
1.236
1.430
0.021
0.005
0.005
0.000
0.001
0.556
2.015
0.530
2.998
0.087
0.063
0.262
. 0.034
0.052
0.004
0.004
0.000
3.761
TRI facility
mean' concen-
tration (mg/L)
0.001
0.109
0.344
0.007
0.168
0.000
0.000
0.003
0.480
0.273
0.006
0.001
0.311
0.019
0.000
0.001
0.011
0.040
0.460
0.004
1.720
Non-TRI facil-
ity 95th per-
centile
concen-tration
(mg/L)
0.022
0.250
2.200
0.008
0.014
0.016
0.001
0.002
1.900
9.550
0.001
24.000
0.390
0.100
0.020
0.006
0.037
0.001
0.015
0.003
8.800
TRI facility
95th percentile
concen-tration
(mg/L)
0.006
0.270
1.300
0.020
1.595
0.000
0.005
0.011
1.100
1.244
0.005
0.013
0.458
0.075
0.001
0.010
0.009
0.030
6.000
0.037
5.140
F. Numeric Effluent Limitations
1. Industry-specific Limitations
Part XI. of today's permit contains
numeric effluent limitations for
phosphate fertilizer manufacturing
facilities, asphalt emulsion
manufacturers, cement manufacturers,
coal pile runoff from steam electric
power generating facilities, and sand,
gravel, and crushed stone quarries.
These limitations are required under
EPA's storm water effluent limitation
guidelines in the Code of Federal
Regulations at 40 CFR Part 418, Part
443, Part 411, Part 423, and Part 436.
Parts Vin.C.6., Vm.D.5., Vm.E.6., and
VIII.J.5. of this fact sheet discuss these
limitations.
2. Coal Pile Runoff
Today's permit establishes effluent
limitations of 50 mg/L total suspended
solids and a pH range of 6.0-9.0 for coal
pile runoff. Any untreated overflow
from facilities designed, constructed,
and operated to treat the volume of coal
pile runoff associated with a 10-year,
24-hour rainfall event is not subject to
the 50 mg/L limitation for total
suspended solids. Steam electric
generating facilities must comply with
these limitations upon submittal of the
NOI. EPA has adopted these technology-
based pH limitations in today's general
permit in accordance with setting limits
on a case-by-case basis as allowed under
40 CFR 125.3 and Section 402 of the
Clean Water Act. These case-by-case
limits are derived by transferring the
known achievable technology from an
effluent guideline to a similar type of
discharge.. When developing these
technology-based limitations, variables
such as rainfall pH, sizes of coal piles,
pollutant characteristics, and runoff
volume were considered. Therefore,
these variables need not be considered
again. As discussed above, these pH
limitations are technology-based and are
not based on water quality. All other
types of facilities must comply with this
requirement as expeditiously as
practicable, but in no event later than 3
years from the date of permit issuance.
The pollutants in coal pile runoff can
be classified into specific types
according to chemical characteristics.
Each type relates to the pH of the coal
pile drainage. The pH tends to be of an
acidic nature, primarily as a result of the
oxidation of iron sulfide in the presence
of oxygen and water. The potential
influence of pH on the ability of toxic
and heavy metals to leach from coal
piles is of particular concern. Many of
the metals are amphoteric with regard to
their solubility behavior. These factors
affect acidity, pH, and the subsequent
leaching of trace metals: concentration
and form of pyritic sulfur in coal; size
of the coal pile; method of coal
preparation and clearing prior to
storage; climatic conditions, including
rainfall and temperature; concentrations
of calcium carbonate and other
neutralizing substances in the coal;
concentration and form of trace metals
in the coal; and the residence time of
water in the coal pile.
Coal piles can generate runoff with
low pH values, with the acid values
being quite variable. The suspended
solids levels can be significant, with
levels of 2,500 mg/L not uncommon.
Metals present in the greatest
concentrations are copper, iron,
aluminum, nickel, and zinc. Others
present in trace amounts include
chromium, cadmium, mercury, arsenic,
selenium, and beryllium14.
G. Regional Offices
1. Notice of Intent Address
Notices of Intent to be authorized to
discharge under this permit should be
sent to: NOI/NOT Processing Center
(4203), 401 M Street, S.W., Washington,
DC 20460.
2. Address for Other Submittals
Other submittals of information
required under this permit or individual
permit applications should be sent to
the appropriate EPA Regional Office:
a. ME, MA, NH, Federal Indian
Reservations in CT, MA, NH, ME,
RI, and Federal Facilities in VT
EPA, Region I, Water Management
Division, (WCP), Storm Water Staff,
JFK Federal Building, Boston, MA
02203
b. PR and Federal Facilities in PR
14 A more complete description of pollutants in
coal pile runoff is provided in the "Final
Development Document for Effluent Limitations
Guidelines and Standards and Pietreatmont
Standards for the Steam Electric Point Source
Category," (EPA-440/1-82/029), EPA, November
1982.
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EPA, Region II, Water Management
Division, (2WM-WPC), Storm Water
Staff, 290 Broadway, New York, NY
10007-1866
c. DC and Federal Facilities in DC and
DE
EPA, Region III, Water Management
Division, (3WM55), Storm Water
Staff, 841 Chestnut Building,
Philadelphia, PA 19107
d.FL
EPA, Region IV, Water Management
Division, Permits Section (WPEB-
7), 345 Courtland Street, NE,
Atlanta, GA 30365
e. LA, NM, OK, and TX and Federal
Indian Reservations in LA, NM
(Except Navajo and Ute Mountain
Reservation Lands), OK, and TX
. EPA, Region VI, Enforcement and
Compliance Assurance Division,
(6EN-WC), EPA SW MSGP, First
Interstate Bank Tower at Fountain
Place, P.O. Box 50625, Dallas, TX
75205
/. AZ, Johnston Atoll, Midway Island,
Wake Island, all Federal Indian
Reservations in AZ, CA, and NV;
those portions of the Duck Valley,
Fort McDermitt, and Goshute
Reservations that are outside NV;
those portions of the Navajo
Reservation that are outside AZ;
and Federal facilities in AZ,
Johnston Atoll, Midway Island, and
Wake Island.
EPA, Region IX, Water Management
Division, (W-5-3), Storm Water
Staff, 75 Hawthorne Street, San
Francisco, CA 94105
g. ID, OR, and WA; Federal Indian
Reservations in AK, ID (except the
Duck Valley Reservation), OR
(except the Fort McDermitt
Reservation), and WA; and Federal
facilities in ID, and WA
EPA, Region X, Water Division, (WD-
134), Storm Water Staff, 1200 Sixth
Avenue, Seattle, WA 98101
H. Compliance Deadlines
For most permittees, today's permit
imposes a deadline of 270 days
following date of publication of this
permit for development of pollution
prevention plans and for compliance
with the terms of the plan.
Today's general permit provides
additional time if constructing
structural best management practices is
called for in the plan. The portions of
a plan addressing these BMP
construction requirements must provide!
for compliance with the plan as soon as i
practicable, but in no case later than 3
years from the effective date of the
permit. However, storm water pollution
prevention plans for facilities subject to
these additional requirements must be
prepared within 270 days of the date of
publication of this permit and provide
for compliance with the baseline terms
and conditions of the permit (other than
the numeric effluent limitation) as
expeditiously as practicable, but in no
case later than 270 days after the
publication date of this permit.
Facilities are not required to submit
the pollution prevention plans for
review unless they are requested by EPA
or by the operator of a large or medium
municipal separate storm sewer system.
When a plan is reviewed by EPA, the
Director can require the permittee to
amend the plan if it does not meet the
minimum permit requirements.
VQ. Cost Estimates for Common Permit
Requirements
The conditions of today's general
permit reflects the baseline permit
requirements established in EPA's
NPDES permits for Storm Water
Discharges Associated With Industrial
Activity (57 FR 41175 and 57 FR 44412).
The requirements found under today's
permit are more specific to the
conditions found in the industries. EPA
does not consider these requirements to
be more costly than the pollution
prevention plan requirements
established in the baseline general
permit. The following section contains
the estimates of the cost of compliance
with the baseline permit requirements.
A. Pollution Prevention Plan
Implementation
Storm water pollution prevention
plans for the majority of facilities will
include relatively low cost baseline
controls. EPA's analysis of storm water
pollution prevention plans indicates
that the cost of developing and
implementing these plans is variable
and will depend on a number of the
following factors: the size of the facility,
the type and amount of significant
materials stored or used at a facility, the
nature of the plant operations, the plant
designs (e.g., the processes used and
layout of a plan), and the extent to
which housekeeping measures are
already employed. Table 7 provides
estimates of the range of costs for
preparing and implementing the
common requirements for a storm water
pollution prevention plan. It is expected
that the low cost estimates provided in
Table 7 are appropriate for the majority
of smaller facilities. The high cost
estimates in Table 7 are more applicable
to larger, more complex facilities with
more potential sources of pollutants.
Please note that the costs in this table
exclude special requirements, such as
EPCRA 313 requirements. EPA
estimated the cost of preparing a storm
water pollution prevention plan for a
hypothetical small business in the
automobile salvage yard industry. Based
on experience and best professional
judgment, EPA estimates that a typical
small automobile salvage yard would
face a one-time cost of about $874. This
cost is lower than the low end of the
cost estimate provided in Table 7
because it is based on a particular
(though hypothetical) small business.
Table 7 estimates are based on what
EPA expects are appropriate for the
majority of small facilities. Some
facilities are likely to face lower costs,
such as the hypothetical small
automobile junk yard, and other
facilities are likely to face higher costs.
The cost of compliance, monitoring
and preparing the PPP for the multi-
sector permit are not high when
compared to the site-specific
requirements to comply with an
individual permit. The Clean Water Act
does not give EPA the authority to
exempt permitted facilities from
requirements designed to improve the
quality of the nation's waters. The
economic ability of small businesses to
comply with this permit can be a factor
to consider if water quality concerns are
not applicable to the surface water body
receiving the storm water discharge.
The operators of regulated storm
water discharges have to consider the
economic effects of coverage under the
multi-sector permit, the baseline general
permit, or an individual NPDES permit.
Coverage under either of the two general
permits is not required by EPA. The
NPDES regulations give EPA the
authority to require coverage under an
individual NPDES permit, not general
permits. A facility's decision to be
covered under a general permit is
voluntary. Individual permits can
require numerical limits and more
frequent monitoring and reporting,
along with the development and
implementation of SWPPPs. The burden
of developing an SWPPP is controlled
by the facility's ability to achieve the
permits goal: reduce or eliminate the
discharge of pollutants to the nation's
waters.
_
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50833
TABLE 7.—SUMMARY OF ESTIMATED RANGES OF COSTS FOR COMPLIANCE WITH STORM WATER POLLUTION PREVENTION
PLANS WITH BASELINE REQUIREMENTS
Sirfimittnl of NO1
Total
Low costs
First year
costs
$14
14
1,518
90
(1)No
Costs
1,636
Annual
costs
294
267
561
High costs
First year
costs
$14
14
76,153
35,400
8,501
120,082
Annual
costs
9,371
8,875
18,246
This table Identifies estimated low and high costs (iri 1992 dollars) to develop and implement storm water pollution prevention plans.
Low costs of Implementing program components are zero where existing programs or procedures is assumed adequate.
The estimated costs for plan preparation and plan revisions includes costs of preparing/revising plan to address baseline requirements. How-
ever, the costs of Implementing special requirements, such as those for EPCRA Section 313 facilities coal piles and salt piles are not otherwise
addressed In this table.
B. Cost Estimates for EPCRA Section
313
Table 8 provides estimates of the
range of costs of preparing and
implementing a storm water pollution
prevention plan for facilities subject to
the special requirements for facilities
subject to EPCRA Section 313 reporting
requirements for chemicals classified as
"Section 313 water priority chemicals."
EPA expects the majority of facilities to
have existing containment systems that
meet the majority of the requirements of
this permit. High cost estimates
correspond to facilities that are expected
to be required to undertake some actions
to upgrade existing containment
systems to meet the requirements of this
permit.
TABLE 8.—SUMMARY OF ESTIMATED ADDITIONAL COSTS FOR COMPLIANCE WITH STORM WATER POLLUTION PREVENTION
PLANS FOR FACILITIES SUBJECT TO SECTION 313 OF EPCRA FOR WATER PRIORITY CHEMICALS
Toxlcity Reduction •
Totals
Low costs
Costs dur-
ing first 3
years
$630
630
Annual
costs
$0
High costs
Costs dur-
ing first 3
years
0
$11,200
560
21,000
11,190
7,750
3,240
54,940
Annual
costs
$5,957
1,403
3,046
10,406
This table identifies estimated additional low and high costs to develop and implement storm water pollution prevention plans for EPCRA Sec-
tion 313 facilities subject to special conditions.
Low costs of Implementing program components are zero where existing programs, procedures or security is assumed adequate.
The hfah costs for preparing pollution prevention plans to include EPCRA Section 313 additional requirement were addressed as part of the
estimated high costs for preparation of baseline pollution prevention plans (see Table 7).
C. Cost Estimates for Coal Piles
The effluent limitations for coal pile
runoff in the permit can be achieved'by
these two primary methods: limiting
exposure to coal by use of covers or
tarpaulins and collecting and treating
the runoff. In some cases, coal pile
runoff may be in compliance with the
effluent limitations without covering of
the pile or collection or treatment of the
runoff. In these cases, the operator of the
discharge would not have a control cost.
The use of covers or tarpaulins to
prevent or minimize exposure of the
coal pile to storm water is generally
expected to be practical only for
relatively small piles. Coal pile covers
or tarpaulins are anticipated to have a
fixed cost of $400 and annual cost of
$160.
Table 9 provides estimates of the costs
of treating coal pile runoff.15 These costs
15 The type and degree of treatment required to
meet the effluent limitations of this permit vary
depending on factors such as the amount of sulfur
are based on a consideration of a
treatment train requiring equalization,
pH adjustment, and settling, including
the costs for impoundment (for
equalization), a lime feed system and
mixing tanks for pH adjustment, and a
clarifier for settling. The costs for the
in the.coal. This section describes a model
treatment scheme for estimating costs for
compliance with the effluent limitations.
Dischargers may implement other less expensive
treatment approaches to enable them to discharge
in accordance with these limits where appropriate.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
impoundment area include diking and
containment around each coal pile and
associated sumps and pumps and
piping from runoff areas to the
impoundment area. The costs for land
are not included. The lime feed system
employed for pH adjustment includes a
storage silo, shaker, feeder, and lime
slurry storage tank, instrumentation,
electrical connections, piping, and
controls.
Additional costs may be incurred if a
polymer system is needed. In this case,
costs would include impoundment for
equalization, a lime feed system, mixing
tank, and polymer feed system for
chemical precipitation, a clarifLer for
settling, and an acid feeder and mixing
tank to readjust the pH within the range
of 6 to 9. The equipment and system
design, with the exception of the
polymer feeder, acid feeder, and final
mixing tank, are essentially the same as
shown in Table 9. Two tanks are
required for a treatment train with a
polymer system, one for precipitation
and another for final pH adjustment
with acid. The cost of mixing is
therefore twice that shown in Table 9.
The polymer feed system includes
storage hoppers, chemical feeder,
solution tanks, solution pumps,
interconnecting piping, electrical
connections, and instrumentation. The
costs of clarification are identical to that
of Table 9. A treatment train with a
polymer system requires the use of an
acid addition system to readjust the pH
within the range of 6 to 9. The
components of this system include a
lined acid storage tank, two feed pumps,
an acid pH control loop, and associated
piping, electrical connections, and
instrumentation.
Additional information regarding the
cost of these technologies can be found
in "Development Document for Effluent
Limitations Guidelines and Standards
and Pretreatment Standards for the
Steam Electric Point Source Category,"
(EPA-440/182/029), November 1982,
EPA.
TABLE 9.—SUMMARY OF ESTIMATED COSTS FOR TREATMENT OF COAL PILE RUNOFF
IMPOUNDMENT:
Installed Capital Cost ;
Operation and Maintenance ($/year)
LIME FEED SYSTEM:
Installed Capital Cost ($)
Operation and Maintenance ($/year)
Energy Requirements (kwh/yr)
Land Requirements (ft**2)
MIXING EQUIPMENT:
Installed Capital Cost ($)
Operation and Maintenance ($/year)
Energy Requirements (kwh/yr)
Land Requirements (ft**2) '.
CLARIFICATION:
Installed Capital Cost ($)
Operation and Maintenance ($/year) ,
Energy Requirements (kwh/yr)
Land Requirements (acres)
30,000 cubic
meter coal pile
6,850
Negligible
138,800
5,780
36x10**4
5000
65 750
2280
1.3x10**3
2000
182,650
3200
1 3x10**3
0.1
120,000 cubic
meter coal pile
6850
Negligible
255 700
10655
36x10**4
5000
91 320
2430
3.3x1 0**3
2000
237,450
3650
33x10**3
0.1
Source: "Development Document for Effluent Limitations Guidelines and Standards and Pretreatment Standards for the Steam Electric Point
Source Category" (EPA-440/182/029), November 1982, EPA). Costs estimates are in 1992 dollars.
D. Cost Estimates for Salt Piles
Salt pile covers or tarpaulins are
anticipated to have a fixed cost of $400
and an annual cost of $160 for medium-
sized piles and a fixed cost of $4,000
and an annual cost of $2,000 for very
large piles. Structures such as salt
domes are generally expected to have a
fixed cost of between $30,000 for small
piles ($70 to $80 per cubic yard) and
$100,000 for larger piles ($18 per cubic
yard) with costs depending on size and
other construction parameters.
VIII. Special Requirements for
Discharges Associated With Specific
Industrial Activities
The industry-specific requirements
allow the implementation of site-
specific measures that address features,
activities, or priorities for control
associated with the identified storm
water discharges. This framework
provides the necessary flexibility to
address the variable risk for pollutants
in storm water discharges associated
with the different types of industrial
activity addressed by this permit. This
approach also assures that facilities
have the opportunity to identify
procedures to prevent storm water
pollution at a particular site that are
appropriate, given processes employed,
engineering aspects, functions, costs of
controls, location, and age of tie facility
(as contemplated by 40 CFR 125.3). The
approach taken also allows the
flexibility to establish controls that can
appropriately address different sources
of pollutants at different facilities.
A. Storm Water Discharges Associated
With Industrial Activity From Timber
Products Facilities
1. Discharges Covered Under This
Sector
Eligibility for coverage under this
section is limited to those facilities in
the lumber and wood products industry
(primary SIC Major Group is 24), except
wood kitchen cabinets manufacturers
(SIC Code 2434). Permit conditions for
facilities in the wood kitchen cabinets
manufacturers industry (SIC Code 2434)
are discussed in the wood and metal
furniture and fixture manufacturing
sector (Part XI. W of today's permit). SIC
Major group 24 represents those
"establishments engaged in cutting
timber and pulpwood, merchant
sawmills, lath mills, shingle mills,
cooperage stock mills, planing mills,
and plywood and veneer mills engaged
in producing lumber and wood basic
materials; and establishments engaged
in wood preserving or in manufacturing
finished articles made entirely of wood
or related materials."16
16 "Handbook of Standard Industrial
Classifications," Office of Management and Budget,
1987. : '
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50835
When an industrial facility, described
by tho above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
dcscriptlon(s) of industrial activities in
another scction(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
Tne monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
tho same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
Wood kitchen cabinet facilities (SIC
Code 2434) are excluded from coverage
under this section because EPA believes
it is more appropriate to cover
manufacturers of wood cabinets with
furniture manufacturing facilities (SIC
Major group 25). As indicated in the
November 16,1990, Federal Register
(55 FR 48008), "Facilities under SIC
Code 2434 and 25 are establishments
engaged in furniture making." EPA
believes that this grouping is more
appropriate due to the typical use by
cabinet makers of wood treating
solutions such as mineral spirits and
propenyl butyl.17 This practice is
common to wood furniture
manufacturing, but is atypical of the.
other industrial operations performed at
facilities in the lumber and wood
products industry (SIC Major group 24).
Certain silvicultural activities are not
required to be covered under National
Pollutant Discharge Elimination System
(NPDES) storm water permits (40 CFR
122.27). In accordance with 40 CFR
122.27(b), point sources that must be
covered by an NPDES permit are "any
discernible, confined and discrete
conveyance related to rock crushing,
gravel washing, log sorting, or log
storage facilities, which are operated in
connection with silvicultural activities
and from which pollutants are
discharged into waters of the United
States." Discharges from nonpoint
source silvicultural activities, including
harvesting operations (see 40 CFR
122.27) are not required to be covered.
It is EPA's determination harvesting
activities include: the felling, skidding,
preparation (e.g., delimbing and
trimming), loading and initial transport
"Fait 1 Storm Water Group Permit Applications.
Summailos from Individual applicant descriptions
Including Applicant No. 1156 (VVcstvaco),
Applicant No. 02 (Downier), and Applicant No. 866
(Louisiana-Pacific).
of forest products from an active harvest
site. An active harvest site is considered
to be an area where harvesting
operations are actually on-going. EPA
also interprets the definition of
harvesting operations to include
incidental stacking and temporary
storage of harvested timber on the
harvest site prior to its initial transport
to either an intermediate storage area or
other processing site. EPA considers this
activity to be an inherent part of
harvesting operations. However, EPA
does not intend the definition of active
harvesting operations to include sites
that are processing, sorting, or storing
harvested timber which has been
transported there from one or more
active harvesting sites. Consequently,
EPA considers these site activities a
point source under 40 CFR 122.27(b)(l)
and operators of these sites must seek an
NPDES permit for discharges of storm
water.
Effluent guidelines have been
promulgated for the Timber Products
Processing Point Source Category at 40
CFR Part 429 (46 FR 8260; January 26,
1981). Under these regulations, effluent
limitations and standards were set for
process wastewaters from any timber
products processing operation, and any
plant producing insulation board with
wood as the major raw material. The
definition of process wastewater
excluded "noncontact cooling water,
material storage yard runoff (either raw
material or processed wood storage) and
boiler blowdown. For the dry process
hardboard, veneer, finishing,
particleboard, and sawmills and planing
mills subcategories, fire control water is
excluded from the definition." Any
discharge subject to an effluent
limitation guideline is not eligible for
coverage under this section. Even
though discharges of boiler blowdown
and noncontact cooling water are not
considered "process water discharges,"
they do not fall under the definition of
storm water discharges. As such, this
section does not provide for their
coverage. In addition, contact cooling
waters and water treatment wastewater
discharges from steam operated
sawmills will not be covered. Finally,
material storage yard runoff, exempted
from coverage under the effluent
limitation guidelines, is eligible to be
covered in accordance with the terms
and conditions of this section.
In addition, it should be noted that
certain wood preserving wastes have
been listed under 40 CFR 261.31 as
hazardous wastes from nonspecific
sources (55 FR 50450; December 6,
1990). Storm water discharges that come
in contact and/or commingle with these
wastes will be considered a hazardous
waste and will not be authorized for
discharge under this section. Despite the
listing of these wastes, however, there
remains a potential for storm water to
become contaminated through
incidental activities such as tracking of
materials, fugitive emissions, and
miscellaneous other activities. These
discharges are covered under today's
permit. Wastewaters, process residuals,
preservative or protectant drippage, and
spent formulations from wood
preserving processes that use
chlorophenolic formulations, creosote
formulations, or arsenic and chromium
formulations have been listed as
hazardous wastes. Wastes from wood
surface protection were proposed for
listing under this subpart (53 FR 53282;
December 30,1988, and 58 FR 25706;
April 27,1993) but listing the wastes
was determined unnecessary in a
subsequent rulemaking (59 FR 458;
January 4,1994). Storm water
discharges containing these wastes are
therefore covered under today's permit.
2. Industry Profile/Description of
Industrial Activities
Facilities engaged in activities
classified under SIC Major Group 24 use
wood as their primary raw material.
Although there is diversity among the
types of final products that are
produced at timber products facilities,
there are common industrial activities
performed among them. These activities
are broadly classified for ease of
discussion and include the following:
log storage and handling; untreated
wood lumber and residue generation
activities, and untreated wood materials
storage; wood surface protection
activities, and chemicals and surface
protected materials storage; wood
preservation activities, and chemicals
and preserved wood material storage;
wood assembly/fabrication activities
and final fabricated wood product
storage; and equipment/vehicle
maintenance, repair and storage.
In many cases, more than one of these
activities may be conducted at a single
facility location.
a. Log Storage and Handling. Log
storage and handling activities may
occur onsite at many types of facilities
covered under this section of today's
permit, such as wood collection yards
and lumber processing and veneer
manufacturing facilities. However,
facilities that are primarily engaged in
these activities (e.g., wood collection
yards) are most appropriately classified
under SIC Code 2411.
Typical industrial activities
performed include loading and
unloading of logs onto trucks or railroad
cars for transport to other facilities, log
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sorting, and storage of logs. In addition,
some cutting may be performed such as
chopping off tree branches and
sectioning of tree trunks for easier
handling during transport. Although not
typically performed at wood collection
facilities, chipping may be performed at
facilities serving pulp industries.
Residues generated at these sites may
include bark, coarse sawdust, and wood
chunks.
Significant materials that have the
potential to come in contact with storm
water discharges at facilities practicing
these activities include: uncut logs
(hardwood and softwoods), wood bark,
wood chips, coarse saw dust, other
waste wood material, petroleum and
other products for equipment
maintenance (fuels, motor oils,
hydraulic oils, lubricant fluids, brake
fluids, and antifreeze), herbicides,
pesticides, and fertilizers, material
handling equipment (forklifts, loaders,
vehicles, chippers, debarkers, cranes,
etc.).
These log storage and handling
activities described above have the
potential to discharge pollutants
including bark and wood debris, total
suspended solids (TSS), and leachates.18
The leachate generated from these
operations from the decay of wood
products can contain high levels of TSS
and biochemical oxygen demand
(BOD5).19
b. Untreated Wood Lumber and
Residue Generation Activities and
Untreated Wood Materials Storage. The
primary product from sawmills and
other cutting activities is lumber.
However, residues such as debarked
wood chips; whole tree chips and slab
wood; bark; and sawdust constitutes
approximately 25 percent of the total
wood production.20 At large saw mills,
approximately 2,500 Ibs of residue is
generated for each 1,000 board feet of
lumber derived.21
Facilities that produce untreated
lumber and residues can be classified
under most of the SIC Codes in Major
group 24. These facilities include saw
mill and planing mill facilities classified
in group 242; millwork, veneer,
plywood and structural wood member
manufacturing facilities classified in
'« "NPDES Docket No. 1085-O7-22-402, NPDES
Appeal No. 86-14: In the Matter of Shee Atika,
Incorporated," January 21,1988.
19 "Regulatory Guidance and Waste Reduction
Manual for United States Sawmills (Draft)," EPA
Office of Solid Waste, January 12,1993.
20 "Using Best Management Practices to Prevent
and Control Pollution from Hardwood Residue
Storage Sites," Pennsylvania Hardwoods
Development Council, May 15,1992.
21 "Regulatory Guidance and Waste Reduction
Manual for United States Sawmills (Draft)," EPA
Office of Solid Waste, January 12,1993.
group 243; wood container
manufacturing facilities in group 244;
wood building and mobile home
manufacturing facilities in group 245;
and miscellaneous wood product
manufacturers in group 249.
These facilities may engage in one or
more activities such as log washing,
bark removal, milling, sawing, resawing
edging, trimming, planing, machining,
air drying, and kiln drying. In addition,
there may be associated boiler
operations, loading and unloading
activities and storage activates.
Effluent guidelines have been
established at 40 CFR Part 429 Subparts
A, I, and J for discharges from log
washing, debarking and wet storage,
respectively. These discharges are
considered process waters and are
subject to the effluent limitations of
each subpart.
Some facilities generate residue as a
product, in lieu of lumber or other
finished products, while other facilities
may generate residues as a waste
product. In most cases, there are
markets for these residues. For example,
chips and sawdust are used in the
production of pulp and paper and wood
products manufacturing. A summary of
the residues generated and then-
potential uses include: bark (used in
landscaping, compost, recreational
applications (trails), energy recovery);
wood chips (used in pulp and paper
mill feed, landscaping, recreational
applications, fire logs, energy recovery);
planer shavings (used in particle board,
livestock bedding, compost, fire logs,
domestic pet litter, energy recovery);
and sawdust (used in particle board,
livestock bedding, compost, fire logs,
domestic pet litter, energy recovery.)22
Storage activities at these sites
include wet and dry storage of logs and
storage of residuals. Wet storage, called
"wet decking," is a process used when
logs are to be stored for an extended
period of time. Wet storage retards
decaying and infestation by insects. The
logs may be stored under water in ponds
or may be placed in areas where water
is continuously sprayed over them.
Residuals are typically stored dry.
Storm water discharges from lumber
and residue generation and storage may
come in contact with the following
types of wastes and/or materials at the
facility which can then contribute
pollutants to the storm water: uncut logs
(hardwood and softwoods), wood bark,
wood chips, wood shavings, sawdust,
green lumber, rough and finished
lumber, other waste wood material,
nonhazardous wood ash, above and
below ground fuel storage tanks for
diesel, gasoline, propane and fuel oil,
finishing chemicals (stain, lacquer,
varnish, paints, water repellant,
sealants), solvents and cleaners,
petroleum and other products for
equipment maintenance (fuels, motor
oils, hydraulic oils, lubricant fluids,
brake fluids, and antifreeze), herbicides,
pesticides, and fertilizers, sawmill
equipment, material handling
equipment (Forklifts, loaders, vehicles,
chippers, debarkers, cranes, etc.), boiler
water treatment chemicals, scrap metals,
scrap equipment and plastics, boiler
blowdown water, and leachate from
decaying organic matter.
Pollutants resulting from lumber and
residue generation and storage activities
are typically conventional in nature.
Low pH levels can result from the
leachate of decaying organic materials.
TSS and BODS may be elevated in this
leachate.23 In addition to leachate,
washed away residue particles
contribute to TSS loadings. Equipment
and machinery at the facility site may
result in the discharge of oil and grease.
c. Wood Surface Protection Activities,
Chemicals and Surface Protected
Materials Storage. At many hardwood'
saw mills, wood surface protection is
conducted to prevent sap stain. Sap
stain is the unsightly discoloration of
lumber products caused by fungus.24
Surface protection is a cosmetic fix only
and differs from wood preservation
which is a practice designed to enhance
the wood's structural integrity.
Surface protection js accomplished by
one of three methods: spraying, ranging
from manual spraying with a garden
hose to more sophisticated on-line high
pressure spray boxes; dipping, a batch
process where lumber is immersed then
removed from the formulation; and
green chain operations, a continuous
immersion operation where lumber is
pulled through the protection tanks by
conveyer.25
Historically, the primary chemical
used in surface protection has been
commercial pentachlorophenate.
Concentrated chemicals are diluted to
0.5 to 1 percent pentachlorophenol for
surface protection. This concentration is
lower than the 2 percent to 9 percent
pentachlorophenol used in wood
22 "Regulatory Guidance and Waste Reduction
Manual for United States Sawmills (Draft)," EPA
Office of Solid Waste, January 12,1993.
23 "Regulatory Guidance and Waste Reduction
Manual for United States Sawmills (Draft)," EPA
Office of Solid Waste, January, 12,1993.
24 "Background Document Supporting the
Proposed Listing of Wastes from Surface Protection
Processes, Part One Final Engineering Analysis
Volume 1," EPA Office of Solid Wastes, February
1993.
25 "Regulatory Guidance and Waste Reduction
Manual for United States Sawmills (Draft)," EPA
Office of Solid Waste, January 12,1993.
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50837
preserving. Producers of chlorophenolio
formulations used in surface protection
have recently discontinued the product
due to the pending hazardous waste
regulations and it is expected that stocks
will soon be exhausted. Alternatives to
pontachlorophenate solutions which
have been developed and are currently
used include: iodo-prophenyl butyl
carbamate, dimethyl sulfoxide, didecyl
dimethyl ammonium chloride mixtures;
sodium azide mixtures; iodo-prophenyl
butyl carbamate, didecyl dimethyl
ammonium chloride mixture; 8-
quinolinol, copper (EQ chelate mixtures;
iodo-prophenyl butyl carbamate
mixtures; sodium ortho-phenylphenate
mixtures; 2-(thiocyanomethylthio)-
bonzothiozole (TCMTB) andmethylene
bis (thiocyanate) mixture; and zinc
naphthenate mixtures.26
Industrial activities at saw mills with
the potential to contaminate storm water
include spills from surface protection
areas, storage and mixing tank areas,
treated wood drippage, transport or
storage areas, maintenance and shop
areas, and areas used for treatment/
disposal of wastes. Fugitive emissions
from negative pressure spraying
activities and hand spraying surface
protoction formulations may also result
in the contamination of storm water.27
Significant materials that have the
potential to come in contact with storm
water discharges at facilities practicing
these activities include: all of the
materials stated in 3.b. above (under
untreated wood lumber and residue
generation activities and untreated
materials storage) plus treated lumber,
treatment chemicals, and treatment
equipment (dipping tanks, green chain,
material handling equipment, etc.).
Pollutants which result from these
typos of surface protection operations
may include the constituents of those
surface protection chemicals listed
above, as well as aggregate parameters
such as BODj, COD, and TSS.
d. Wood Preservation Activities, and
Chemicals and Preserved Wood Material
Storage. Wood preserving is the
application of chemicals to wood and
wood products to preserve the structural
integrity of the wood. Wood preserving
is designed to prevent/delay the
deterioration/decay of wood through the
addition of flame retardants, water
repellents, and chemicals. Wood
preserving differs from wood surface
protection which is generally performed
for aesthetic reasons.28
Wood preserving is accomplished by
two steps. First, the moisture content of
wood is reduced to increase its
permeability (this is referred to as
conditioning). Conditioning may be
accomplished by: (1) allowing wood to
dry at ambient temperatures; (2) kiln
drying; (3) steaming the wood, then
applying a vacuum; (4) dipping the
wood in a heated salt bath; or (5) vapor
drying, and immersing the wood in a
solvent (usually naphtha or Stoddard
solvent). After conditioning, wood is
impregnated with a preservative for fire
retardency, insecticidal resistance, and/
or fungicidal resistance. Preservation
may be accomplished by either
nonpressurized and pressurized
methods. The nonpressurized method
involves dipping stock in a bath
containing the preservatives (either
heated or at ambient temperatures),
while pressurized methods involve
subjecting the wood to the preservative
when under pressure. After treatment,
the wood stock is often subject to
cleaning in order to remove excess
preservative prior to stacking treated
lumber products outside.29
There are a number of different
avenues by which wood preserving
wastes may contaminate storm water.
These may include: drippage of
condensate or preservative after
pressurized treatment; washing after
preservation to remove excess
preservative, which usually occurs
either in the treatment or storage areas;
spills and leaks from process equipment
and preservative tanks; fugitive
emissions from vapors in the process, as
well as blow outs and emergency
pressure releases; and kick-back
(phenomenon where preservative leaks
as it returns to normal pressure) from
the lumber.30
A wide variety of chemicals are used
in the preservation of wood, the most
common are creosote,
mixtures of coal-tar derivatives and
creosote solutions (creosotes fortified
with insecticide additives such as
pentachlorophenol, arsenic trioxide,
copper compounds or malathion).
Pentachlorophenol preservatives are
typically formulations using petroleum
solvents and 5 percent total
pentachlorophenol. Waxes and resins
may also be added.31 Inorganic
preservatives consist of arsenical and
chromate salts and fluorides dissolved
in water. The most commonly used
inorganic preservatives include:32
chromated copper arsenate (CCA);
ammoniacal copper arsenate (ACA);
acid copper chromate (ACC); chromated
zinc chloride (CZC); and fluor-chrome-
arsenate-phenol (FCAP).
Significant materials that have the
potential to come in contact with storm
water discharges at facilities practicing
wood preservation include: all of the
materials stated in 3.b. (untreated wood
lumber and residue generation activities
and untreated wood materials storage)
plus treated lumber, treatment
chemicals, and treatment equipment
(preservative, tanks, preservative
contaminated material handling
equipment).
Pollutants expected to be discharged
from wood preserving facilities typically
include conventional pollutants such as
BODs, TSS and oil and grease, as well
as toxics which are dependent upon the
preserving formulations used. Organic
solvent components such as benzene,
toluene, xylene, and ethylbenzene can
be found at pentachlorophenol
preservation operations. Phenolic
compounds such as phenol,
chlorophenols, nitrophenols can be >
found at plants using
pentachlorophenol and creosote
preservatives. The polynuclear aromatic
hydrocarbons of creosote, including
anthracene, pyrene, and phenanthrene
are often contained in the entrained oils.
High phenolic, COD, and oil and grease
concentrations have been noted to result
from creosote and pentachlorophenol
operations. Traces of copper, chromium,
arsenic, zinc, and boron often can be
found in the wastewaters of plants
which use waterborne salt
preservatives.33
e. Wood Assembly/Fabrication
Activities and Final Fabricated Wood
Product Storage. The industrial
^"RcguUlory Guidance and Waste Reduction
Manual for United States Sawmills (Draft)," EPA
Office of Solid Waste, January 12,1993.
""Background Document Support the Proposed
Listing of Wastes From Wood Preservation and
Surfoco Protoction Processes," EPA Office of Solid
Waste, July 1987.
28 "Background Document Supporting the
Proposed Listing of Wastes from Surface Protection
Processes, Part One Final Engineering Analysis
Volume 1," EPA Office of Solid Wastes, February
1993.
29 "Development Document for Effluent
Limitations Guidelines and Standards for the
Timber Products Point Source Category, Final (EPA
440/1-81/023)," EPA, Effluent Guidelines Division,
January 1981.
30 "Background Document Support the Proposed
Listing of Wastes From Wood Preservation and
Surface Protection Processes," EPA Office of Solid
Waste, July 1987. .
31 "Background Document Support the Proposed
Listing of Wastes From Wood Preservation and
Surface Protection Processes," EPA Office of Solid
Waste, July 1987.
32 "Background Document Support the Proposed
Listing of Wastes From Wood Preservation and
Surface Protection Processes," EPA Office of Solid
Waste, July 1987.
33 "Development Document for Effluent
Limitations Guidelines and Standards for the
Timber Products Point Source Category, Final (EPA
440/1-81/023)," EPAj Effluent Guidelines Division,
January 1981.
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50838
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
activities conducted as part of the
assembly and fabrication process are
very diverse. For the most part,
industrial activities that have the
potential to come in contact with
precipitation are similar to those
described under lumber and residue
generation (see Section A.3.b). However,
there are a number of additional
industrial activities that differ. For
example, the fabrication of fiberboard,
insulation board, and hardboard may
involve the use of wax emulsions,
paraffin, aluminum sulfate, melamine
formaldehyde, and miscellaneous
thermosetting resins. These chemicals
may be introduced as part of the board
formation process or as a coating to
maintain the board's integrity.
Generally, these additives account for
less than 20 percent of the board. In the
formation of fiberboard/insulation
board/hardboards, the digestion of pulp
and fiber by mechanical, thermal, and
sometimes chemical means takes
place.34 Another operation which
involves resinous agents is the
formation of veneer. In this process,
veneer is placed in hot ponds or vats to
soften the wood. Veneer strips are
removed and often bound by glue or a
resinous agent. Glues are also used in
the assembly of wood components.35
Other types of activities include the
finishing of wood products. Stains,
paints, lacquers, varnish, water
repellents and sealants, etc. may be
applied to some of the wood products.
Many of these materials may not have
the potential to come in contact with
precipitation as most of these processes
are performed within a covered area or
building.
Pollutants expected to be found in
storm water discharges at facilities that
perform these types of industrial
activities include BOD5 and TSS. Oil
and grease may be present due to
material handling equipment and
transport vehicles.
/. Equipment/Vehicle Maintenance,
Repair and Storage. Many of the
facilities included in the SIC Major
group 24 employ the use of material
handling equipment, vehicles and other
machinery. These facilities store the
equipment onsite and may also engage
in maintenance and repair activities on
them. These types of activities are
performed in either covered or outdoor
areas of the facility. Associated with
these activities is the storage of
significant materials such as petroleum
.products and other maintenance fluids
such as fuels, motor oil, hydraulic oils,
lubricant fluids, brake fluids, solvents,
cleaners and antifreeze.
3. Pollutants Contributing to Storm
Water Contamination
Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the timber
products industry into subsectors to
properly analyze sampling data and
determine monitoring requirements. As
a result, this sector has been divided
into the following subsectors: general
saw mills and planning mills; wood
preserving; log storage and handling;
and hardwood dimension and flooring
mills, special products saw mills,
millwork, veneer, plywood and
structural wood, wood containers, wood
buildings and mobile homes,
reconstituted wood products and wood
products not elsewhere classified.
Tables A—1 through A-4 below include
data for the eight pollutants that all
facilities were required to monitor for
under Form 2F. The tables also lists
those parameters that EPA has
determined may merit further
monitoring.
TABLE A-1 .—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY GENERAL SAWMILLS AND PLANING MILLS FACILITIES
SUBMITTING PART II SAMPLING DATA' (mg/L)
Pollutant
Sample type
BODs
COD
Nitrate + Nitrite Ni-
Total Kjeldahl Nitro-
gen
Oil & Grease
pH
Total Phosphorus ..
Total Suspended
Solids
Zinc
* of Facilities
Grab
34
34
35
35
35
40
35
34
5
Comp11
35
34
34
34
N/A
N/A
35
34
5
# of Samples
Grab
74
75
75
75
79
84
75
74
13
Comp
73
72
71
71
N/A
N/A
72
71
12
Mean
Grab
48.6
337.0
0.47
2.80
8.5
N/A
0.61
1459
0.448
Comp
47.2
289.6
0.47
2.42
N/A
N/A
0.57
798
0.362
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
4.7
0.00
1
0.050
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.00
0
0.11
Maximum
Grab
440.0
2156.0
1.50
21.00
55.0
9.7
2.80
18000
1.7
Comp
660.0
1804.0
2.00
27.00
N/A
N/A
3.97
6460
\Z
Median
Grab
18.5
115.0
0.40
1.40
3.8
7.5
: 0.30
252
0.32
Comp
18.0
165.5
0.40
1.40
N/A
N/A
0.38
400
0.29
95th Percenlile
Grab
169.8
1346.7
1.82
9.41
30.5
9.5
2.78
8998
1.359
Comp
151.5
1012.2
1.92
7.01
N/A
N/A
2.34
4376
0.842
99th Percenlile
Grab
400.2
3442.9
3.57
19.18
62.0
10.8
6.78
36040
2.456
Comp
322.6
2170.3
3.87
12.99
N/A
N/A
5.34
12921
1.307
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
TABLE A-2— STATISTICS FOR SELECTED POLLUTANTS REPORTED BY WOOD PRESERVING FACILITIES SUBMITTING PART II
SAMPLING DATA! (mg/L)
Pollutant
Sample type
BODs
COD
Nitrate + Nitrite Ni-
trogen
Total Kjeldahl Nitro-
gen
Oil & Grease
pH
Total Phosphorus ..
# of Facilities
Grab
9
9
9
9
9
8
9
Comp"
9
9
9
9
N/A
N/A
9
* of Samples
Grab
13
13
13
13
13
12
13
Comp
13
13
13
13
N/A
N/A
13
Mean
Grab
14.5
115.2
1.05
2.20
7.6
N/A
0.44
Comp
14.3
98.7
1.47
2.25
N/A
N/A
0.26
Minimum
Grab
2.4
36.0
0.30
1.00
0.0
6.0
0.60
Comp
2.1
31.0
0.20
0.80
N/A
N/A
0.06
Maximum
Grab
39.0
274.0
2.20
4.00
80.0
16.0
1.57
Comp
32.0
191.0
5.20
3.60
N/A
N/A
0.90
Median
Grab
13.7
100.0
0.90
220
0.00
7.0
0.25
Comp
12.4
98.0
1.10
2.20
N/A '
N/A
0.19
95th Percentile
Grab
45.9
264.3
2.29
3.97
60.9
11.4
1.54
Comp
44.7
236.1
4.74
4.74
N/A
N/A
0.74
99th Percentile
Grab
84.4
398.4
3.36
5.21
380.8
13.5
3.19
Comp
80.9
362.7
9.06
6.78
N/A
N/A
1.30
""Development Document for Effluent
Limitations Guidelines and Standards for the
Timber Products Point Source Category, Final (EPA
440/1-81/023)," EPA, Effluent Guidelines Division,
January 1981. ..'.-•'.
35 Part 1 Storm Water Group Permit Applications.
Summaries from individual applicant descriptions
including Applicant No. 1156 (Westvaco), ;
Applicant No. 92 (Bowater), and Applicant No. 866
(Louisiana-Pacific). :
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50839
TABLE A-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY WOOD PRESERVING FACILITIES SUBMITTING PART II
SAMPLING DATA' (mg/L)—Continued
PoUutam
Samptatypa
Total Suspended
SoWj ™™_»_.
1 o( Facilities
Gob
9
Comp"
9
t of Samples
Grab
13
Comp
13
Mean
Grab
242
Comp
107
Minimum
Grab
11
Comp
12
Maximum
Grab
916
Comp
260
Median
Grab
50
Comp
99
95th Percentile
Grab
1025
Comp
343.8
99th Percentile
Grab
2661
Comp
638.5
1 AppScatkxts that did not report the units of measurement (or the reported values of pollutants were not Included in these statistics. Values reported as non-detect or below detection limit were
nisumod to be 0.
» Compose sarnplos.
TABLE A-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY LOG STORAGE AND HANDLING FACILITIES
SUBMITTING PART II-SAMPLING DATA' (mg/L)
PduUnt
Sample typo
BOO,
COO
N*a!fl + NiWtaNi-
kooon I...U.HH
Total KjeMgNWro-
(M&Oraasa'ZiZ!
pH ,
Total Phosphorus -
ToUl Suspended
SoSds „_„„„
1 of FaeBties
Grab
22
21
15
14
25
25
22
22
Comp"
24
23
17
17
N/A
N/A
24
24
* of Samples
Grab
52
51
43
40
57
57
52
52
Comp
56
54
46
45
N/A
N/A
55
55
Mean
Grab
18.7
286.8
0.17
2.30
3.8
N/A
89.49
1024
Comp
22.6
262.1
0.19
2.14
N/A
N/A
21.38
566.8
Minimum
Grab
0.0
0.0
0.0
0.0
0.0
2.8
0.0
0.0
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0.0
Maximum
Grab
260.0
1500
0.82
9.30
37.0
8.3
3000.00
16520
Comp
130.0
1500
1.10
12.2
N/A
N/A
1160
5192
Median
Grab
8.3
136.0
0.09
1.46
1.8
7.0
0.20
518
Comp
7.3
110.0
0.11
1.30
N/A
N/A
0.23
164
95th Percentile
Grab
66.4
1127.8
0.74
8.12
12.9
9.3
15.63
6657
Comp
89.3
940.5
0.74
5.98
N/A
N/A
3.86
3121
99th Percentile
Grab
150.7
2713.2
1.61
15.63
24.5
10.5
87.17
25663
Comp
206.6
2110.7
1.48
10.49
N/A
N/A
13.49
10723
< Appfcalians that old not report tha units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
attuned lo bo 0.
•Composria sample*.
TABLE A-4.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY HARDWOOD DIMENSION AND FLOORING MILLS; SPE-
CIAL PRODUCTS SAWMILLS, NOT ELSEWHERE CLASSIFIED; MILLWORK, VENEER, PLYWOOD AND STRUCTURAL WOOD;
WOOD CONTAINERS; WOOD BUILDINGS AND MOBILE HOMES; RECONSTITUTED WOOD PRODUCTS; AND WOOD PROD-
UCTS FACILITIES NOT ELSEWHERE CLASSIFIED SUBMITTING PART II SAMPLING DATA* (mg/L)
PoMant
SsmpJatvpe
BOO,
Ol&Groue — -
pH .„„,„„„.,„„„",-,,
Total Photpborus «
Total Suspended
SoBda „„„„,„„„„
1 of FacBilios
Grab
41
41
41
41
41
40
41
41
Comp1'
42
42
42
42
N/A
N/A
42
42
* of Samples
Grab
74
74
74
74
74
74
73
74
Comp
74
74
74
74
N/A
N/A
74
74
Mean
Grab
55.8
366.3
278
2.65
30.7
7.0
0.91
891
Comp
94.9
239.4
1.43
2.56
N/A
N/A
0.55
444
Minimum
Grab
0.0
636.5
00
0.0
0.0
3.6
0.0
0.0
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
1.0
Maximum
Grab
580.0
3315.0
66.00
14.70
591.7
9:8
12.00
17000
Comp
1925.0
1350.0
22.5
12.5
N/A
N/A
3.10
3700
Median
Grab
13.5
151.5
0.25
1.68
2.0
7.0
0.36
242
Comp
17
128.0
0.31
1.70
N/A
N/A
0.38
282
95th Percentile
Grab
201.8
1155.0
7.49
9.11
74.8
9.1
3.42
5555
Comp
225.8
702.3
4.81
8.78
N/A
N/A
2.03
2957
99th Percentile
Grab
532.8
2417.4
25.93
18.16
252.3
10.2
8.15
21438
Comp
599.6
1333.8
13.03
17.85
N/A
N/A
4.17
9434
' Applications that did not report BIB units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
BMuroedtoboO.
»Composi!« samples.
The descriptions of Industrial
activities and significant materials
exposed submitted by the group
applicants in the wood preserving
subsector indicated that these facilities
has a high potential to discharge wood
preservatives in their storm water
discharge. These preservatives typically
contain copper and arsenic compounds.
The monitoring data which was
statistically analyzed for the wood
treatment indicated the presence of both
arsenic and copper in the discharges.
However, data from only eight facilities
had been submitted in time for EPA to
perform a statistical analysis. EPA,
therefore reviewed additional data
submitted by wood preserving
facilities.and found that copper was
present in concentrations greater than
the benchmark value in 22 out of 34
observations. Arsenic was higher than
bench mark in 12 out of 34 observations.
4. Options for Controlling Pollutants
There are three options for controlling
pollutants at timber products facilities:
source reduction, best management
practices (BMPs), and/or end-of-pipe
treatment. In evaluating the options for
controlling pollutants in discharges of
storm water associated with industrial
activity, EPA must provide for
compliance with the Best Available
Technology Economically Achievable
(BAT) and Best Conventional Pollutant
Control Technology (BCT) requirements
of Section 402(p)(3) of the Clean Water
Act The variabilities in both the
industrial activities performed on a
specific site and the storm water
discharges from timber product
facilities, coupled with the lack of
sufficient characterization data make it
infeasible to develop effluent limitations
at this point in time. EPA believes that
enabling the owner/operator of the
facility to develop BMPs based on site-
specific factors such as facility size,
industrial activities performed, climate,
geographic location, hydrogeology and
the environmental setting of each
facility will provide the flexibility
needed to address appropriate controls
to meet the B AT/BCT requirements.
Development of a storm water pollution
prevention plan that addresses exposure
minimization BMPs, will be required for
all facilities that discharge storm water
from timber product facilities. EPA
believes that exposure minimization
BMPs will provide appropriate levels of
control for pollutants in storm water
discharges while allowing relatively
inexpensive BMPs to be implemented.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
In some instances, however, more labor
and.resource intensive structural
controls such as sedimentation ponds
may be appropriate. EPA believes that
the BMPs discussed below will help
provide a sufficient level of control for
the types of pollutants found in
discharges associated with timber
product facilities.
In developing these industry-specific
BMPs both the part 1 application data
for facilities that sampled were
reviewed, as well as industry-specific
literature sources. The BMPs provided
are separated into those most
appropriate for certain areas of a site
where pollutants may be released such
as: log, lumber, and other wood product
storage areas; residue storage areas;
loading and unloading and material
handling areas; chemical storage areas;
and equipment/vehicle maintenance,
storage and repair areas. These types of
activities can be found at all types of
timber product facilities. Table A—5
provides a summary of the effective
practices for the control of pollutants for
all timber product facilities.
TABLE A-5.—EFFECTIVE POLLUTANT CONTROL OPTIONS FOR ALL TIMBER PRODUCT FACILITIES
Activity
Associated BMPs
Log, Lumber, and Other Wood Product Storage
Areas.
Residue Storage Areas
Loading and Unloading and Material Handling
Areas. ' •
Chemical Storage Areas
Divert storm water around storage areas with ditches, swales and/or berms.
Locate storage areas on stable, well-drained soils with slopes of 2-5 percent.
Line storage areas with crushed rock or gravel or porous pavement to promote infiltration, min-
imize discharge and provide sediment and erosion control.
Stack materials to minimize surface areas of materials exposed to precipitation.
Practice good housekeeping measures such as frequent removal of debris.
Provide collection and treatment of runoff with containment basins, sedimentation ponds and
infiltration basins.
Use ponds for collection, containment and recycle for log spraying operations.
Use of silt fence and rip rap check dams in drainage ways.
Locate stored residues away from drainage pathways and surface waters.
Avoid contamination of residues with oil, solvents, chemically treated wood, trash, etc.
Limit storage time of residues to prevent degradation and generation of leachates.
Divert storm water around residue storage areas with ditches, swales and/or berms.
Assemble piles to minimize surface areas exposed to precipitation.
Spray surfaces to reduce windblown dust and residue particles.
Place materials on raised pads of compacted earth, clay, shale, or stone to collect and drain
runoff.
Cover and/or enclose stored residues to prevent contact with precipitation using silos, van
trailers, shed, roofs, buildings or tarps.
Limit slopes of storage areas to minimize velocities of runoff which may transport residues.
Provide collection and treatment of runoff with containment basins, sedimentation ponds and
infiltration basins.
Use of silt fence and rip rap check dams in drainage ways.
Provide diversion berms and dikes to limit runon.
Cover loading and unloading areas.
Enclose material handling systems for wood wastes.
Cover materials entering and leaving areas.
Provide good housekeeping measures to limit debris and to provide dust control.
Provide paved areas to enable easy collection of spilled materials.
Provide secondary containment around chemical storage areas.
Provide fluid level indicators.
Inventory of fluids to identify leakage.
Locate storage areas away from high traffic areas and surface waters.
Develop spill prevention, containment and countermeasure (SPCC) plans and implement.
Cover and/or enclose chemical storage areas.
Provide drip pads to allow for recycling of spills and leaks.
Sources: , .
NPDES Storm Water Group Application—Part 1. Received by EPA March 18, 1991, through December 31, 1992.
"Regulatory Guidance and Waste Reduction Manual for United States Sawmills (Draft)," EPA Office of Solid Waste, January 12,1993.
"Background Document Supporting the Proposed Listing of Wastes From Wood Preservation and Surface Protection Processes," EPA Office
of Solid Waste, July 1987.
"Chlorophenate Wood Protection, Recommendations for Design and Operation," Environment Canada, December 1983.
Wood Preserving; Identification and Listing of Hazardous Wastes; Final Rule, "FEDERAL REGISTER," Volume 55, No. 235, December 6, 1990.
Selected pages from "Texas Best Management Practices for Silviculture," Texas Forestry Association, 1989. Submitted for inclusion by Amer-
ican Pulpwood Association, Washington, D.C.
Wood surface protection and preserving facilities should consider additional controls for their storm water discharges
because of the types of pollutants which may contaminate the discharges. Therefore, Table A-6 contains a summary
of effective practices for the control of pollutants from timber product facilities that treat their wood. These BMPs
are to be considered in conjunction with BMPs in Table A-5.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50841
TABLE A-6.—ADDITIONAL EFFECTIVE POLLUTANT CONTROL OPTIONS FOR TIMBER PRODUCT FACILITIES THAT SURFACE
PROTECT OR PRESERVE
Activity
Associated BMPs
Wood surface protection and preserving activi-
ties.
Extend drip time in process areas before moving to storage areas.
Pave and berm areas used by equipment that has come in contact with treatment chemicals.
Dedicate equipment that is used for treatment activities to that specific purpose only to prevent
the tracking of treatment chemicals to other areas on the site.
Locate treatment chemical loading and unloading areas away from high traffic areas where
tracking of the chemical may occur.
Provide drip pads under conveyance equipment from treatment process areas.
Provide frequent visual inspections of treatment chemical loading and unloading areas during
and after activities occur to identify any spills or leaks needing clean-up.
Cover and/or enclose treatment areas.
Provide containment in treated wood storage areas.
Cover storage areas to prevent contact of treated wood products with precipitation.
Elevate stored, treated wood products to prevent contact with runon/runoff.
Sources: : • •
NPDES Storm Water Group Application—Part 1. Received by EPA March 18,1991 through December 31,1992.
"Regulatory Guidance and Waste Reduction Manual for United States Sawmills (Draft)," EPA Office of Solid Waste, January 12,1993.
"Background Document Supporting the Proposed Listing of Wastes From Wood Preservation and Surface Protection Processes," EPA Office
o» Solid Waste, July 1987.
"Chlorophenate wood Protection, Recommendations for Design and Operation," Environment Canada, December 1983.
Wood Preserving; Identification and Listing of Hazardous Wastes; Final Rule, "FEDERAL REGISTER," Volume 55, No. 235, December 6,1990.
Selected pages from "Texas Best Management Practices for Silviculture," Texas Forestry Association, 1989. Submitted for inclusion by Amer-
ican PuIpwoocTAssociation, Washington, D.C.
Control of sediments leaving the site should also be considered by timber product facilities as sediments contribute
to the total suspended solids in the storm water discharges. There are several areas of the site that may be prone
to erosion due to intense industrial activities; These areas include, but are not limited to: loading and unloading areas,
access roads, material handling areas, storage areas, and any other areas where heavy equipment and vehicle use is
prevalent. Specific erosion and sediment controls should be implemented to minimize the discharge of sediments from
the site. Measurements that timber facilities may consider include, but are not limited to: stabilization measures such
as seeding, mulching, chemical stabilization, sodding, soil retaining measures and dust control and structural measures
such as sediment traps, contouring, sediment basins, check dams and silt fences.
5. Special Conditions
a. Prohibition of Non-storm Water Discharges. Today's permit authorizes, in addition to the discharges described
in part IH.A.2., an additional non-storm water discharge specific to the timber products industry that, when combined
with storm water, is authorized to be discharged under this permit. To be authorized under the permit, the sources
of non-storm water must be identified in the storm water pollution prevention plan prepared for the facility. Where
these discharges occur, the plan must identify and ensure the implementation of appropriate pollution prevention measures
for the non-storm water components of the discharge. Authorized discharges include the following: spray down of
lumber and wood product storage yards.
Spray down of lumber and wood product in storage yards is intermittently performed for fire control and pest
control. Discharges from spray down activities are not storm water discharges; however, resulting discharges created
as a result of spray down of raw lumber and wood product storage yards are authorized under this section where
no chemical additives are used in the spray down waters and no chemicals are applied to the wood during storage.
EPA believes that this practice, when performed in compliance with the terms and conditions of this section, will
not pose any additional risks to human health and the environment because it is an industrial activity which is performed
intermittently and within the confines of an area that should already contain controls for pollutants in storm water
discharges.
It should be noted that the following discharges are not authorized under this section: noncontact cooling wastewater;
contact cooling wastewater; boiler blowdown and water treatment wastewater; and storm water from areas of surface
protection hand spraying activities.
This prohibition of unpermitted non-storm water discharges ensures that these discharges are not inadvertently covered
under this section and requires the permittee to submit the appropriate NPDES permit applications to gain coverage
for the non-storm water portion of the discharge.
6. Storm Water Pollution Prevention Plan Requirements
Several storm water pollution prevention plan requirements are added in the section of today's permit for the
Umber products industry, in addition to the baseline conditions described in part VI.C. of today's fact sheet. These
deal \vith the identification and description of potential pollutant sources, and requirements to meet specific good
housekeeping, inspection, and sediment/erosion control measures. EPA is also recommending that several criteria be
considered during the development of the storm water pollution prevention plan.
a. Contents of the Plan
(1) Description of Potential Pollutant Sources
(a) Drainage—There are no additional requirements beyond.those described in Part VI.C.2.a. of this fact sheet.
(b) Inventory of Exposed Materials—This section will require those facilities that have conducted activities associated
with wood preserving and wood surface protection with pentachlorophenol formulations, creosote formulations, or arsenic/
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50842
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
chromium formulations in the past to identify: areas where soils are contaminated, treatment equipment, and/or stored
materials which remain as a result of these operations. This section will also require the identification of any management
practices heing employed to minimize the contact of these materials with storm water runoff.
EPA has added these requirements
because it is aware through studies
performed for the hazardous waste
listing process that sites where wood
surface protection and wood preserving
chemicals have been used in the past
continue to contribute pollutants to the
storm water discharges that come in
contact with them, even once the
industrial activity has ceased.36 In
particular, soils that have been
contaminated with formulation
chemicals, equipment such as dipping
tanks and those used for material
handling, and wastes and materials that
are still stored on the site may continue
to release.pollutants. EPA is requiring
the facility to identify these pollutant
sources so that appropriate controls can
be implemented.
During the EPA process to list wastes
from wood preservation and surface
protection processes, data were gathered
that showed that the concentration of
constituents (of the treatment
chemicals) in storm water runoff, in
some instances, were equivalent to
those concentrations found in process
wastewaters. These studies also found
high concentrations of phenolic
compounds, pentachlorodifluron and
phenanthrenes, and metals in soils
contaminated with process residuals at
several sites. These concentrations were
attributed to treated wood drippage and
precipitation washoff of treated
woods.37
Where facilities have used
chlorophenolic, creosote, or chromium-
copper-arsenic formulations for wood
surface protection or preserving
activities onsite in the past, and
information is available, EPA is
requiring that the facility inventory the
following: areas where soils are
contaminated, treatment equipment,
and treated materials remain. Once
these areas are identified, measures to
minimize their exposure to storm water
or to limit discharge of pollutants into
storm water must be implemented. EPA
is requiring this evaluation because
soils, equipment, and other materials
that are contaminated by treatment
chemicals may continue to be a source
36 "Background Document Supporting the
Proposed Listing of Wastes from Surface Protection
Processes, Part One Final Engineering Analysis
Volume 1," EPA Office of Solid Wastes, February
1993.
37 "Background Document Supporting the
Proposed Listing of Wastes from Surface Protection
Processes, Part One Final Engineering Analysis
Volume 1," EPA Office of Solid Wastes, February
1993. • . ' '
of pollutants and can contribute to the
contamination of storm water runoff.
(c) Non-storm Water Discharges—
There are no additional requirements
beyond those described in Part III. A. 2.
of this permit.
(d) Risk Identification and Summary
of Potential Pollutant Sources—There
are not additional requirements beyond
those described in Part VI.C.2.f. of this
fact sheet.
(2) Measures and Controls. As
contained in Part VIII.A.5. of this fact
sheet, EPA has set forth a number of
options which are effective in
controlling releases of pollutants to
storm water discharges associated with
industrial activity. Due to the success of
BMPs as a cost effective method of
pollution control, EPA is requiring that
all facilities consider the
implementation of BMPs in the
following areas of the site: log, lumber
and other wood product storage areas;
residue storage areas, loading and
unloading areas; material handling
areas; chemical storage areas; and
equipment/vehicle maintenance, storage
and repair areas. The conditions of this
section also require facilities that
surface protect and/or preserve wood
products to address specific BMPs for
wood surface protection and preserving
activities.
EPA believes it is appropriate to
require that permittees indicate in their
storm water pollution prevention plan
all potential sources of pollution.
Effective pollution control measures are
currently being implemented at timber
product facilities and/or are identified
in literature sources specific to timber
products facilities. Additional practices
may also be found in the "Storm Water
Management for Industrial Activities,
Developing Pollution Prevention and
Best Management Practices" (EPA 832-
R-92-006), EPA, September 1992. The
determination of the appropriateness or
inappropriateness of a measure must be
indicated in the facility's storm water
management plan.
(a) Good Housekeeping—In addition
to typical good housekeeping measures
that require the maintenance of areas
which may contribute pollutants to
storm water in a clean and orderly
manner, the pollution prevention plan
must specifically address good
housekeeping measures and the specific
frequency of performance of these
measures which are designed to: (1)
limit the discharge of wood debris; (2) .'.
minimize the leachate generated from ;
decaying wood materials; and (3)
minimize the generation of dust.
EPA has specified that BMPs limit the
discharge of solids because storm water
discharges containing TSS and BODs are
prevalent at timber products facilities
and can often be controlled by good
housekeeping measures.
(b) Preventive Maintenance—This
section requires periodic removal of
debris from ditches, swales, diversion,
containment basins, and infiltration
measures. The discharge of solids at
timber product facilities may inhibit the
performance of storm water controls if
they are not maintained properly.
(c) Spill Prevention and Response
Procedures—This section requires the
development of schedules for response
procedures to limit the tracking of
spilled materials to other areas of the
site. Specifically, this section requires
that leaks or spills of wood surface
protection or preservation chemicals be
cleaned up immediately.
Requirements have been placed in
this section to limit the tracking of
significant materials that have been
leaked or spilled on the site from
containers, facility equipment, or onsite
vehicles. Of particular concern is the
tracking of leaks or spills of treatment
chemicals outside near where storm
water controls are in place. This may
occur, for example, during the filling of
storage tanks. Vehicles or equipment
used to transfer materials may come into
contact with any materials spilled
during the filling or emptying of tanks.
As the vehicles move to other locations
at the site, such material may be tracked
and eventually lead to contamination of
storm water discharges.
(d) Inspections—Facility operators
must conduct visual inspections of
BMPs on a quarterly basis. Inspections
must be performed quarterly at
processing areas, transport areas, and
treated wood storage areas of facilities
performing wood surface protection and
preservation activities. Quarterly
inspections are designed to assess the
usefulness of practices in minimizing
drippage of treatment chemicals on
unprotected soils and in areas that will
come in contact with storm water
discharges. In addition, all timber
products facilities must conduct daily
inspections of material handling
activities and unloading and loading
areas whenever activities are occurring
in those areas (if activities .are not
occurring in those areas, no inspection
isrequired). . .. ,.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 50843
Records will be required to be
maintained showing that these
inspections have been performed at the
required frequencies. In addition, a set
of tracking or follow-up procedures
must be implemented to ensure
appropriate actions are taken based on
tho findings of the inspections. These
records should be developed on a case-
by-case basis depending upon the
facility's needs.
(e) Employee Training-^There are no
additional requirements beyond those
listed in Part VI.C.3.e. of this fact sheet.
(fl Sediment and Erosion Control—
This section requires that the following
areas of the plant be considered for
sediment and erosion controls: loading
and unloading areas, access roads,
material handling areas, storage areas,
and any other areas where heavy
equipment and vehicle use is prevalent.
Sediment and erosion controls include:
stabilization measures such as seeding,
mulching, chemical stabilization,
sodding, soil retaining measures; and
dust control and structural measures
such as sediment traps, contouring,
sediment basins, check dams, and silt
fences. This requirement is added
because part 2 storm water group permit
application data showed that many of
tho sites were discharging high TSS
concentrations in their storm water
discharges. Identifying those areas of the
site where erosion occurs will aid the
permittee in determining appropriate
BMPs that will achieve a reduction in
TSS loadings.
(g) Storm Water Management—There
aro no additional requirements beyond
those described in Part VI.C.3.h. of this
fact shoot.
(3) Comprehensive Site Compliance
Evaluation. There are no additional
requirements beyond those described in
Part VI.C.4. of this fact sheet.
7. Monitoring and Reporting
Requirements
(a) Analytical Monitoring
Requirements. Under the revised
methodology for determining pollutants
of concern for the timber products
subsectors, all facilities must monitor
their storm water discharges. EPA
believes that timber product facilities
may reduce the level of pollutants in
storm water runoff from their sites
through the development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. In order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan and to characterize the discharge
for potential environmental impacts,
today's permit requires timber products
facilities to collect and analyze grab
samples of their storm water discharges
for the pollutants listed in the
applicable Tables (A-7 through A-10).
The pollutants listed in Tables A-7
through A—10 were found to be above
benchmark levels for a significant
portion of facilities in the subsectors
that submitted quantitative data in the
group application process. Because
these pollutants have been reported at
or above benchmark levels, EPA is
requiring monitoring after the pollution
prevention plan has been implemented
to assess the effectiveness of the
pollution prevention plan and to help
ensure that a reduction of pollutants is
realized.
Today's permit requires the wood
preserving subsector to monitor for ,
arsenic and copper. These parameters
are commonly found in wood
preservatives. The discharge data
initially analyzed by EPA indicate that
these parameters are found in the storm
water discharges from wood preserving
facilities. Review of additional sampling
data revealed that there was a
substantial portion of the facilities
discharging these parameters in
concentrations greater than the bench
mark values. Therefore, EPA has
determined that monitoring of arsenic
and copper is necessary to ensure that
the storm water pollution prevention
plans developed by wood preserving
facilities adequately addresses sources
of these parameters.
Under the Storm Water Regulations at
40 CFR 122.26(b)(14), EPA defined
"storm water discharge associated with
industrial activity". The focus of today's
permit is to address the presence of
pollutants that are associated with the
industrial activities identified in this
definition and that might be found in
storm water discharges. Under the
methodology for determining analytical
monitoring requirements, described in
section VI.E.l of this fact sheet, nitrate
plus nitrite nitrogen is above the bench
mark concentrations for the wood
preserving subsector. After a review of
the nature of industrial activities and
the significant materials exposed to
storm water described by facilities in
this subsector, EPA has determined that
the higher concentrations of nitrate plus
nitrite nitrogen are not likely to be
caused by the industrial activity, but
may be primarily due to non-industrial
activities on-site. Today's permit does
not require wood preserving facilities to
conduct analytical monitoring for this
parameter.
At a minimum, storm water
discharges from timber products
facilities must be monitored quarterly
during the second year of permit
coverage. Samples must be collected at
least once in each of the following
periods: January through March; April
through June; July through September;
and October through December. At the
end of the second year of permit
coverage, a facility must calculate the
average concentration for each
parameter listed in the applicable
Tables (A-7 through A-10). If the
permittee collects more than four grab
samples in this period, then they must
calculate an average concentration for
each pollutant of concern for all
samples analyzed.
TABLE A-7.—MONITORING REQUIREMENTS FOR GENERAL SAWMILLS AND PLANING MILLS
Chemical Oxygen Demand (COD)
Tola! Suspended Solids (TSS)
Zinc. Total Recoverable
Pollutants of concern
•
Cut-off con-
centration
120 mg/L.
100 mg/L.
0.117 m»/T.
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50844
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 1 Notices
TABLE A-8.—ADDITIONAL MONITORING REQUIREMENTS FOR WOOD PRESERVATION FACILITIES WITH CHLOROPHENOLIC
FORMULATIONS
Parameter of concern
Cut-off con-
centration
Total Recoverable Arsenic
Total Recoverable Copper
0.16854 mg/L.
0.0636 mg/L.
TABLE A-9.—MONITORING REQUIREMENTS FOR LOG STORAGE AND HANDLING FACILITIES
Total Suspended Solids (TSS)
Parameter of concern
Cut-off con-
centration
100 mg/L.
TABLE A-10.— MONITORING REQUIREMENTS FOR HARDWOOD DIMENSION AND FLOORING MILLS; SPECIAL PRODUCTS
SAWMILLS; MILLWORK, VENEER, PLYWOOD AND STRUCTURAL WOOD; WOOD CONTAINERS; WOOD BUILDINGS AND
MOBILE HOMES; RECONSTITUTED WOOD PRODUCTS; AND WOOD PRODUCTS FACILITIES NOT ELSEWHERE CLASSIFIED
Parameter of concern
Cut-off con-
centration
Chemical Oxygen Demand (COD)
Total Suspended Solids (TSS)
120 mg/L.
100 mg/L.
If the average concentration for a parameter is less than or equal to the value listed in the appropriate Tables
(A-7 through A-10), then the permittee is not required to conduct quantitative analysis for that parameter during
the fourth year of the permit. If, however, the average concentration for a parameter is greater than the cut-off concentration
listed in Tables (A-7 through A-10), then the permittee is required to conduct quarterly monitoring for that parameter
during the fourth year of permit coverage. Monitoring is not required during the first, third, and fifth year of the
permit. The exclusion from monitoring in the fourth year of the permit is conditional on the facility maintaining
industrial operations and BMPs that will ensure a quality of storm water discharges consistent with the average concentra-
tions recorded during the second year of the permit.
TABLE A-11 .—SCHEDULE OF MONITORING
2nd Year of Permit Coverage
4th Year of Permit Coverage
• Conduct quarterly monitoring.
• Calculate the average concentration for all parameters analyzed during this period.
• If average concentration is greater than the value listed in Tables A-7 through A-10, then
quarterly sampling is required during the fourth year of the permit.
« If average concentration is less than or equal to the value listed in Tables A-7 through A-
10, then no further sampling is required for that parameter.
• Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Tables A-7 through A-10.
• If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
The monitoring cut off concentrations
listed in Tables A-7 through A-10 are
not numerical effluent limitations.
These values represent a level of
pollutant discharge which facilities may
achieve through the implementation of
pollution prevention plans. At least half
of the facilities that submitted Part 2
data from the applicable subsectors
reported concentrations more than or
equal to the values listed in Tables A—
7 through A—10. Facilities that achieve
average discharge concentrations which
are less than or equal to the values in
Tables A—7 through A—10 are not
relieved from the pollution prevention
plan requirements or any other
requirements of the permit.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification. .
Throughout today's permit, there are
monitoring requirements for facilities
which the Agency believes have the
potential for contributing significant
levels of pollutants to storm water
discharges. The alternative described
below is necessary to ensure that
monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 50845
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports described under
paragraph (c) below, 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, and significant
materials from past industrial activity
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.C of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (c) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report Form must be
submitted per storm event sampled. For
facilities conducting monitoring beyond
tho minimum requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/. Quarterly Visual Examination of
Storm Water Quality. Timber products
facilities shall perform and document a
visual examination of a storm water
discharge associated with industrial
activity from each outfall, except
discharges exempted below. The
examination(s) must be made at least
once in each of the following 3-month
periods: January through March, April
through June, July through September,
and October through December. The
examination shall be made during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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
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50846 Federal Register / Vol. 60. No. 189 / Friday. September 29, 1995 / Notices
a sample impracticable (drought,
extended frozen conditions, etc.).
(5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
B. Storm Water Discharges Associated
With Industrial Activity From Paper and
Allied Products Manufacturing
Facilities
1. Discharges Covered Under This
Section
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharges
associated with industrial activity."
This definition included point source
discharges of storm water from 11
categories of facilities, including paper
and allied product manufacturing
facilities that are commonly identified
by Standard Industrial Classification
(SIC) Major Group 26. Today's permit
establishes special conditions for the
storm water discharges associated with
industrial activities at paper and allied
product manufacturing facilities. Based
on an evaluation of part 1 and part 2
group application data, these facih'ties
were determined to perform similar
operations, use similar raw materials,
and employ similar material handling
and storage practices. In light of the
available information, it was determined
that the storm water discharge
characteristics would be similar for
facilities covered by this section.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Industry Profile
SIC Major Group 26, the production of
pulp, paper, and paperboard, is a highly
diversified industry group which
manufactures a variety of products.
Products include newsprint, printing
and writing papers, bleached and
unbleached packaging paper, glassine,
tissue papers, vegetable parchment,
greaseproof papers, bleached and
unbleached paperboard, special
industrial papers, and pulp. Pulp,
paper, and paperboard is produced from
wood and nonwood products such as
jute, hemp, rags, cotton linters, bagasse,
and esparto. Secondary fibers, or
wastepaper, is also used to produce
paper and paperboard.
Four standard manufacturing
processes are involved in the
production of pulp, paper, and
paperboard: (1) Raw material
preparation, (2) pulping, (3) bleaching,
and (4) papermaking.
a. Raw Material Preparation. Wood is
the most widely used raw material for
manufacturing pulp and paper products.
Wood must be prepared for pulping by
log washing, bark removal, and
chipping/sawing. These activities are
usually conducted outdoors and
produce large amounts of wood chips,
sawdust, and other wood debris. If
exposed to storm water, these activities
may contribute TSS and BOD5 to the
storm water discharge.
b. Pulping. Pulping involves reducing
a cellulosic raw material into a form that
may be further processed to produce
paper or paperboard, or into a form that
may be chemically converted. Two
pulping methods are used to reduce the
raw material: mechanical pulping and
chemical pulping.
Mechanical pulping, also known as
groundwood pulping, uses two
processes to produce pulp, stone
groundwood and refiner groundwood.
Stone groundwood uses a grindstone to
tear fiber from the side of short logs.
Refiner groundwood passes wood chips
through a disc refiner. In both processes,
wood may be softened with chemicals
or heat to reduce the amount of energy
required for grinding. Mechanical pulp
is very suitable for use in newspapers,
catalogs, tissues, and one-time
publications.
Chemical pulping, using cooking
chemicals under controlled conditions,
produces a variety of pulps for
multipurposes. This process generally
produces high quality paper products.
Three types of chemical pulping are
used: alkaline, sulfite, and
semichemical.
Alkaline pulping, more commonly
known as the kraft process, produces a
very strong pulp and is adaptable to
almost all wood species. The pulp is
formed by boiling wood chips in an
alkaline solution usually containing
sodium sulfate. Alkaline pulping also
provides for the successful recovery of
chemicals used in the process. This
pulping technique is the most highly
used pulping process worldwide.
Sulfite pulps are generally prepared
from softwoods and produce various
types of paper including tissue paper
and writing paper. Wood chips are
boiled with calcium-based chemicals,
magnesium-based chemicals, or
ammonia-based chemicals. Calcium was
the original sulfite liquor base, however,
the spent liquor from this base was
difficult and expensive to recover. Many
sulfite mills have now been converted to
the kraft process or have been shut
down because of the problems of
chemical recovery and the reduced
availability of softwoods.
Semichemical pulping involves the
cooking of-wood chips from hardwoods
with a neutral or slightly alkaline
sodium sulfite solution. Both sodium
and ammonia-based chemicals are used
in this process. Pulps produced from
semichemical pulping are used in the
manufacture of corrugated paperboard.
Semichemical pulping mills practice
chemical recovery from the waste liquor
by balancing the pH of the waste liquor.
Spent liquor is then burned in a furnace.
Some facilities use secondary fibers to
produce the paper products. Secondary
fibers are wastepapers and may be used
with little or no preparation depending
on their condition. The wastepaper may
be blended directly with the virgin
pulps or may have to be screened and
filtered to remove dirt before being
added to the pulp.
Some secondary fibers must be
deinked before use. In order to reclaim
a useful pulp, all noncellulosic
materials, such as ink, fillers, and
coatings, must be removed. This process
uses detergents and solvents to remove
these materials. The detergents and
solvents may be stored in an area
exposed to storm water.
c. Bleaching. After pulping, the pulp
is brown or deeply colored. The color
results from the presence of lignins and
resins or residue from spent cooking
liquor. The pulp must be bleached to
produce a light colored or white
product.
A brightness scale ranging up to 100
(the brightest) is used to determine the
degree of bleaching needed. For
example, newspaper and food
containers do not need a high degree of
brightness so semibleached pulps are
used. For white paper products, fully-
bleached pulps are used. A bleaching
sequence is followed in which specific
chemicals are sequentially added. The
following sequence may be used in
bleaching: chlorination and washing;
alkaline extraction and washing;
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50847
chlorine dioxide addition and washing;
alkaline extraction and washing, and
chlorine dioxide addition and washing.
The sequence may he modified to
meet specific bleaching requirements. In
general, less bleaching is required for
mechanical pulps because they contain
all of the wood substrate and would
require massive amounts of bleaching.
Therefore, mechanical pulps are used to
produce lower quality paper products,
such as telephone directories,
newsprint, and disposable products.
Chemical pulps may be brightened to a
higher degree. Hydrosulfite,
hypochlorite, chlorine, oxygen, and
peroxides are used in bleaching and
may be stored in areas exposed to storm
water.
d. Papermaking. After pulps have
been bleached, further mixing and
blending may be necessary and
noncellulosic materials may be added to
prepare the pulp for the papennaking
stage. Different types of pulp may be
blended for desired effects. Softwood
pulps are very strong and are used to
make high strength, tear resistant paper.
These pulps may be blended with
hardwood pulps which add porosity,
opacity, and printability qualities to the
paper. Other materials may be added to
the pulp such as clay, talc, or calcium
carbonate to improve the texture,
brightness, or opacity of the paper. By
adding resin or starch, the paper
becomes more ink or water resistant.
Each of these additives may be a source
of contamination for storm water if
stored outdoors.
After noncellulosic materials have
been blended with the pulp, it is ready
for papennaking. The mixture of pulp
ana additives is called a pulp furnish.
In making paper, fiber from a dilute
pulp furnish is placed on a fine screen,
called a wire. The water is drained
through, and the fiber layer is removed,
pressed and dried.
Two basic types of processes are used
in papennaking: the cylinder machine
and the Fourdrinier. The cylinder
machine has wire cylinders which
rotate in the dilute pulp furnish and
collect fibers. The cylinders deposit the
collected fibers on a moving felt to form
a fibrous sheet. In the Fourdrinier
process, the dilute pulp furnish is
placed on a continuous wire belt where
the fibrous sheet is formed. The cylinder
machine is usually associated with the
manufacturing of heavy grades of paper
and paperboard; the Fourdrinier process
is mosuy used for producing paper, but
may also be used to make paperboard.
The pressing and drying operations
are similar for the two processes. After
the fibrous sheet is formed, it is
transferred to two or more presses to
remove water and enhance smoothness
and density. The sheet is then dried by
being passed through heated hollow
iron or steel cylinders. For a smoother
finish, the sheet may be passed through
a series of rollers (calendaring) used to
produce high density paper.
After the sheet is dry, coatings may be
applied to increase appearance,
printability, water resistance, or texture.
Coatings consist of a high density water
slurry of pigments and adhesives that
are blended together. Mixtures of
starches, latices, polyvinylacetate, and
recoverable solvents are used depending
on the purpose of the coating. The
coating is applied using rolls, air knives,
blades, or metering rods. High gloss and
smoothness is achieved by using high
speed rollers with alternating steel and
fabric-filled rolls. The coatings, when
stored exposed to storm water
discharges may be a source of
contamination.
e. Wastewater Treatment. Most pulp,
paper, and paperboard facilities have
onsite wastewater treatment systems for
treating process wastewater, although
some facilities may discharge to a
POTW. To reduce BOD5 and TSS loads,
many facilities use biological treatment.
The most common treatment process is
aerated stabilization. At nonintegrated
facilities (facilities that do not produce
pulp) and secondary fibers facilities,
however, primary treatment may be the
only method used. At these facilities,
primary treatment is usually very
effective in reducing BODs.
/. Activities Contributing to Storm
Water Contamination. Although there is
diversity among the types of final
products produced at pulp, paper, and
paperboard facilities, several industrial
activities are common to all. These
activities are presented in Table B-1
Below.
Table B-1 .—COMMON INDUSTRIAL
ACTIVITIES AT PAPER AND ALLIED
PRODUCT MANUFACTURING FACILI-
TIES
Industrial Activities
Bactericide use
Baghouse, cyclone, dust collectors
Coating
Corrugate
Creasing
Cutting
Equipment storage
Vehicle fueling
Gluing
Rail and Truck loading areas
Matefia! handling sites
Printing
Access Railroads
Scoring
Stitching
Table B-1 .—COMMON INDUSTRIAL
ACTIVITIES AT PAPER AND ALLIED
PRODUCT MANUFACTURING FACILI-
TIES—Continued
Industrial Activities
Storage areas
Taping
Typical activities performed at pulp,
paper, and paperboard facilities include
log washing, chipping and cutting of
logs, log sorting, log storage, and loading
and unloading of logs onto trucks or
railroad cars for transport to other
facilities. These log storage and,
handling activities may contribute bark
and wood debris, TSS, and leachates to
a storm water discharge. Leachates from
the decay of wood products may contain
high levels of TSS and BOD5.
Many of the facilities in SIC Major
group 26 employ the use of material
handling equipment (forklifts, loaders,
vehicles, chippers, debarkers, cranes,
etc.), vehicles, and other machinery.
These facilities store the equipment
onsite and may also engage in
equipment maintenance and repair
activities. These types of activities are
performed in either covered or outdoor
areas of the facility. Associated with
these activities is the storage of
significant materials such as petroleum
products and other maintenance fluids
such as fuels, motor oils, hydraulic oils,
lubricant fluids, brake fluids, and
antifreeze. When exposed to storm
water, these materials may cause
contamination of a storm water
discharge.
The manufacturing processes at paper
and allied product manufacturing
facilities are not typically exposed to
storm water. Because of the lack of
industrial activities occurring outdoors,
the primary sources of storm water
pollutants originate from materials
handling, storage of materials, and
waste management or disposal
activities. Sources of pollutant are most
often from spills and leaks of materials
at loading and unloading areas, storage
areas, and waste disposal areas. Table
B-2 lists the materials that may be
exposed to storm water at paper and
allied product manufacturing facilities.
TABLE B-2.—COMMON SIGNIFICANT
MATERIALS AT PAPER AND ALLIED
PRODUCT MANUFACTURING FACILI-
TIES
Significant Materials Onsite
Solvents
Glues
Fuels
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50848 ! Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE B-2.—COMMON SIGNIFICANT
MATERIALS AT PAPER AND ALLIED
PRODUCT MANUFACTURING FACILI-
TIES—Continued
Significant Materials Onsite
Oils
Lubricants
Alcohol
Starch
Wooden pallets
Paper rollstock
Waxes
Air emissions from solvent recovery proc-
esses
Baled waste paper
Dyes
Inks
Ammonia
Biocides
Miscellaneous materials removed during
pulping
Final products
Adhesives
Paper wastes
Dust and particulates from cyclones used in
paper trim activities, resins/polymers
Clay slurries.
3. Pollutants in Storm Water Discharges
Associated With Industrial Activity
From Paper and Allied Product
Manufacturing Facilities
Few pollutants are expected in storm
water discharges from the
manufacturing of paper and allied
products, because the majority of
industrial activities occur indoors.
Pollutants may be present in storm
water as a result of outdoor activities
associated with the industry such as
discharges which come into contact
with the following areas of the site:
loading or unloading of materials;
outdoor storage of raw materials or
unpackaged products; outdoor process
activities; dust or particulate generating
processes; and illicit connections or
inappropriate management practices.
The volume and quantity of storm
water discharges associated with
industrial activity depend upon a
number of factors, including the nature
of the industrial activities occurring at
the facility, the nature of the
precipitation, and the degree of surface
imperviousness. Storm water may pick
up pollutants from structures and other
surfaces as it drains from the facility.
Even within a group of facilities with
similar activities and materials used,
handled, stored, or produced, the
quality of the storm water can vary
greatly.
The regulatory deadline for
submission of the part 2 data was
October 1,1992. Many part 2 data
submittals remain incomplete and many
of those that did submit data did not
identify the significant material or
industrial activity that may have
contributed the pollutants to the storm
water discharge. Based on the wide
variety of industrial activities and
significant materials at the facilities
included in this sector, EPA believes it
is appropriate to divide the paper and
allied products manufacturing industry
into subsectors to properly analyze
sampling data and determine
monitoring requirements. As a result,
this sector has been divided into the
following subsectors: paper mills;
paperboard mills, paperboard containers
and boxes; and converted paper and
paperboard products, except containers
and boxes. Tables B-2, B-3, and B-4
below include data for the eight
pollutants that all facilities were
required to monitor for under Form 2F.
The tables also list those parameters that
EPA has determined merit further
monitoring. A table has not been
included for paper mill facilities
because less than 3 facilities submitted
data in that subsector.
TABLE B-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY PAPERBOARD MILL FACILITIES SUBMITTING PART II
SAMPLING DATA (MG/L)
Pollutant
Sample type
BODs
COD
Nitrate + Nitrite Ni-
trooen
Total Kjeldahl Nitro-
gen
Oil & Grease
pH
Total Phosphorus ..
Total Suspended
Solids
# of Facilities
Grab
9
9
9
9
8
9
9
9
Comp'1
9
9
9
9
N/A
N/A
9
9
* of Samples
Grab
10
10
10
10
9
10
10
10
Comp
10
10
10
10
N/A
N/A
10
10
Mean
Grab
164.2
402.3
0.86
3.72
9.3
N/A
0.37
481
Comp
77.7
228.9
0.84
3.88
N/A
N/A
0.31
54.5
Minimum
Grab
2.0
50.0
0.00
0.52
1.0
7.1
0.08
9
Comp
0.0
31.0
0.13
0.31
N/A
N/A
0.09
8.0
Maximum
Grab
1000.0
1720.0
3.19
1050
35.0
1.50
3390
Comp
306.0
780.0
1.85
10.8
N/A
N/A
0.58
198.0
Median
Grab
18.0
200.0
0.50
2.19
5.0
7.7
0.27
168
Comp
28.0
124.5 .
0.62
2.47
N/A
N/A
0.29
36
95th Percentile
Grab
733.9
1318.6
2.83
12.88
37.8
1.04
1840
Comp
412.7
701.4
2.78
15.88
N/A
N/A
0.71
184.7
99th Percentile
Grab
2708.8
2729.5
5.38
25.84
87.8
1.86
5161
Comp
1153.4
1301.7
5.31
35.33
N/A
N/A
1.07
370.0
1 Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
11 Composite samples.
TABLE B-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY PAPERBOARD CONTAINERS AND BOXES FACILITIES
SUBMITTING PART II SAMPLING DATA* (mg/L)
Pollutant
Sample type
BODs .'....•
COD
Nitrate + Nitrite Ni-
trogen
Total Kjeldahl Nitro-
Oil & Grease
oH
Total Phosphorus ..
Total Suspended
Solids
f of Facilities
Grab
47
47
47
47
47
47
46
47
Comp'1
44
44
44
44
N/A
N/A
43
44
* of Samples
Grab
74
74
74
74
74
72
73
74
Comp
66
67
67
67
N/A
N/A
66
66
' Mean
Grab
21.9
184.8
1.03
4.23
4.3
N/A
0.45
141
Comp
16.9
115.8
0.838
3.61
N/A
N/A
0.41
39.55
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
3.8
0.00
0
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0.0
Maximum
Grab
163.0
2200.0
4.97
89.60
61.0
9.0
10.30
2340
Comp
271.0
1400.0
5.6
64.9
N/A
N/A
10.8
550
Median
Grab
10.5
79.5
0.59
1.94
1.0
6.8
0.17
47
Comp
8.0
51.00
, 0.48
1.90
N/A
N/A
0.15
12.5
95th Percentile
Grab
75.4
698.5
3.80
11.42
18.4
8.8
1.12
658
Comp
47.72
350.8
3.07
9.69
N/A
N/A
0.94
157.88
99th Percentile
Grab
164.5
1663.4
8.44
22.99
44.4
9.9
2.23
1987
Comp
92.63
738.9
6.80
18.4
N/A
N/A
1.79
413.3
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0. ; • ,
" Composite samples. ; . . .-.•.-.---
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50849
TABLE B-4.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY CONVERTED PAPER AND PAPERBOARD PRODUCTS,
EXCEPT CONTAINERS AND BOXES MANUFACTURING FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
Mutant
Simple type
BOOl lnim.ii.i.i.iMi.
COD ,„„„„,„„,„„„
MKrale + tiMa Mi-
boQ6A mni.^.....*
Towl K(«Wihl Nt-
hooen~-™—
(X&G.'ftass „.,„..
pH ~~™™..,™
ToW Phosphorus
To« Suspended
SoKdi ^ _..;
1 of Facilities
Grab
19
19
19
19
19
19
19
19
Comp"
17
17
17
17
N/A
N/A
17
17
1 of Samples
Grab
37
37
37
37
39
39
37
37
Comp
35
36
34
35
N/A
N/A
35
35
Mean
Grab
26.8
159.1
0.93
3.28
1.9
N/A
0.30
89
Comp
24.2
154.1
0.74
2.40
N/A
N/A
028
42.9
Minimum
Grab
0.0
8.0
0.00
0.00
0.0
42
0.00
0
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0.0
Maximum
Grab
152.0
1300.0
520
38.70
18.0
8.9
2.58
1240
Comp
367.0
1486.0
2.44
23.1
N/A
N/A
1.25
761
Median
Grab
6.7
49.0
0.40
1.00
0.6
7.0
0.18
16
Comp
8.0
43.5
0.46
1.03
N/A
N/A
0.15
9.0
95th Percentile
Grab
98.8
484.9
3.17
10.95
7.5
8.8
0.92
319
Comp
70.7
503.4
2.19
8.45
N/A
N/A
0.86
160.0
99th Percentile
Grab
239.9
1137.2
6.72
25.02
15.9
9.8
1.76
893
Comp
'157.2
1220.7
3.98
18.1
N/A
N/A
1.56
500.8
'AppSe»fcfi» Ihtt did not report the units of measurement for the reported values of pollutants were not Included in these statistics. Values reported as non-detect or below detection limit were
Msumed to bo 0.
•CompojJfe samples.
4. Options for Controlling Pollutants
There are two options for reducing
pollutants in storm water discharge;
end-of-pipe treatment, and
implementing best management
practices (BMPs) to prevent and/or
eliminate the contact between
significant materials and storm water. A
comprehensive storm water
management program for a given plant
may include controls from each of these
categories and should be based on a
consideration of site and facility plant
characteristics. End-of-pipe treatment is
effective for the control of process
waters when the types of pollutants and
the volume of water to be treated is
known. However, storm water
discharges from any industry, including
the paper and allied product
manufacturing industry, can be
numerous, intermittent, and of various
volumes. Therefore, the channelization
of storm water that comes into contact
with significant materials into a single
treatment facility, or construction of
numerous treatment devices for each
discharge, may be burdensome and
ineffective for treating pollutants
contained in storm water from these
types of facilities. EPA believes that the
most appropriate means of storm water
management at paper and allied product
manufacturing facilities can be
sufficiently determined by the operator
of the facility.
EPA believes that the most effective
storm water management control for
limiting the offsite discharge of
pollutants in storm water is a
combination of passive and active
BMPs.
Examples of BMPs range from simple
housekeeping, material handling
practices, preventive maintenance,
diversions practices, to more advanced
structural control such as detention and
retention ponds and infiltration devices.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location,
hydrogeology and the environmental
setting of each facility, volume and type
of discharge generated, and number of
outfalls. Each facility will be unique in
that the source, type and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. EPA believes that
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
the paper and allied product
manufacturing industry.
As part of the group application
review process, a review of the part 1
data was analyzed. The applications
indicated that numerous BMPs were
already being implemented at many of
the representative sites. Table B-5
provides the most common practices
presently being employed and the
relative percentage of facilities who are
implementing them. Table B-6 provides
an additional list of BMPs that may be
appropriate for the industry. Many of
the BMPs identified are examples of
practices intended to limit the exposure
of significant materials and industrial
activities'to storm water. Facility
operators should review their current
operations and consider implementing
these BMPs if they are applicable to the
site and are expected to reduce the
discharge of pollutants from the site in
storm water.
TABLE B-5.—BEST MANAGEMENT PRACTICES DISCUSSED IN PART 1 GROUP APPLICATIONS'
BMP
Percent of
facilities
Catch Basins
Diversion structures around potential contaminants ....
Spill Control Procedures, Contingency Plans (SPCC).
Swales, ditches, trench or graded surfaces ,
Employee training
22.2
43.8
67.4
51.4
62.5
i Material Management Practices were Identified in over 20 percent of the 144 facilities in the sampling subset.
TABLE B-6.—SUGGESTED BEST MANAGEMENT PRACTICES AT PULP AND ALLIED PRODUCTS MANUFACTURING FACILITIES
Activity
Suggested BMPs
Outdoor loading and unloading
Confine loading/unloading activities to a designated response and control area.
Avoid loading/unloading materials in the rain.
Cover loading/unloading area/or conduct these activities indoors.
Develop and implement spill plans.
Use berms or dikes around area.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE B-6.—SUGGESTED BEST MANAGEMENT PRACTICES AT PULP AND ALLIED PRODUCTS MANUFACTURING
FACILITIES—Continued
Activity
Suggested BMPs
Raw and/or waste material storage areas
Log, lumber and other wood product storage
areas.
Inspect containers for leaks or damage prior to loading.
Use catch buckets, drop cloths, and other spill prevention measures where liquid materials
are loaded/unloaded.
Provide paved areas to enable easy collection of spilled materials.
Confine storage to a designated area.
Store materials inside.
Cover storage areas with a roof or tarp.
Use dikes or terms for storage tanks and drum storage.
Cover dumpsters used for waste paper and other materials.
Store materials on concrete pads to allow for recycling and spills of leaks.
Expedite recycling process for exposed scrap paper.
Develop and implement spill plans.
Provide paved areas to enable easy collection of spilled materials.
Provide good housekeeping (i.e., dust and debris collection) where cyclones are utilized.
Divert storm water around storage areas with ditches, swales, and/or berms.
Practice good housekeeping measures such as frequent removal of debris.
Line storage areas with crushed rock or gravel or porous pavement to promote infiltration,
minimize discharge and provide sediment and erosion control.
Use ponds for collection, containment and recycle for log spraying operations.
5. Special Conditions
There are no requirements beyond
those described in Part VLB. of this fact
sheet.
6. Storm Water Pollution Prevention
Plan Requirements
There are no requirements beyond
those described in Part VI.C. of this fact
sheet.
a. Description of Potential Pollutant
Sources. There are no requirements
beyond those described in Part VI.C. of
this fact sheet.
b. Measures and Controls. There are
no requirements beyond those described
in Part VI.C. of this fact sheet.
c. Comprehensive Site Compliance
Evaluation. There are no requirements
beyond those described in Part VI.C. of
this fact sheet.
7. Numeric Effluent Limitation.
There are no effluent limits beyond
those described in Part VLB. of this
permit.
8. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. Under the revised
methodology for determining pollutants
2nd Year of Permit Coverage
of concern for the various industrial
sectors, only one subsector, paperboard
mills, is required to monitor storm water
discharges. As discussed previously, the
median value for COD of 124.5 mg/L is
higher than the benchmark value for
COD of 120 mg/L for the paperboard
subsector, thus triggering monitoring for
COD. The monitoring requirements are
presented in Table B-7 for paperboard
mills.
At a minimum, storm water
discharges from paperboard mills must
be monitored quarterly during the
second year of permit coverage.
Monitoring must be performed during
each of the following periods: January
through March; April through June; July
through September; and October
through December. At the end of the
second year of permit coverage, a
facility must calculate the average
concentration for each parameter listed
in Table B—7. If the permittee collects
more than four samples in this period,
then they must calculate an average
concentration for each pollutant of
concern for all samples analyzed.
TABLE B-7.—PAPERBOARD MILLS
MONITORING REQUIREMENTS
Pollutants of concern
Chemical Oxygen Demand
Cut-off con-
centration
120 mg/L.
If the average concentration for a
parameter is less than or equal to the
cut-off concentration, then the permittee
is not required to conduct quantitative
analysis for that parameter during the
fourth year of the permit. If, however,
the average concentration for a
parameter is greater than the cut-off
concentration, then the permittee is
required to conduct quarterly
monitoring for that parameter during the
fourth year of permit coverage.
Monitoring is not required during the
first, third, and fifth year of the permit.
The exclusion from monitoring in the
fourth year of the permit is conditional
on the facility maintaining industrial
operations and BMPs that will ensure a
quality of storm water discharges
consistent with the average
concentrations recorded during the
second year of the permit. The schedule
for monitoring is presented in Table
B-8.
TABLE B-8.—SCHEDULE OF MONITORING
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table B-7, then quarterly sam-
pling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table B-7, then no fur-
ther sampling is required for that parameter.
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50851
TABLE B-8.—SCHEDULE OF MONITORING—Continued
4th Year of Pernilt Coverage
• Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Table B-7.
• If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will be used to
reassess the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exorcise a waiver of the requirement to
conduct quarterly chemical sampling.
(1) Sample Type. All discharge data
shall ho reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process ornonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(2) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
(3) Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
certification described below is
necessary to ensure that monitoring
requirements are only imposed on those
facilities that do, in fact, have storm
water discharges containing pollutants
at concentrations of concern. EPA has
determined that if materials and
activities are not exposed to storm water
at the site, then the potential for
pollutants to contaminate storm water
discharges does not warrant monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall on a
pollutant-by-pollutant basis in lieu of
monitoring described in Table B-8
under penalty of law, signed in
accordance with Part VH.G. (Signatory
Requirements) of the permit, 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,
and 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 lieu of monitoring reports required
under paragraph b. The permittee is
required to complete any and all
sampling until the exposure is
eliminated. If the facility is reporting for
a partial year, the permittee must
specify the date exposure was
eliminated. If the permittee is certifying
that a pollutant was present for part of
the reporting period, nothing relieves
the permittee from the responsibility to
sample that parameter up until the
exposure was eliminated and it was
determined that no significant materials
remained. This certification option is
not applicable to compliance
monitoring requirements associated
with effluent guidelines. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
b. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one Discharge
Monitoring Report Form must be
submitted per storm event sampled. For
facilities conducting monitoring beyond
the minimum requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
The permittee must include a
measurement or estimate of the total
precipitation, volume of runoff, and
peak flow rate of runoff for each storm
event sampled.
c. Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
examinations of a storm water discharge
from each outfall are required at all
paper and allied products
manufacturing facilities. The
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, turbidity, floating solids,
foam, oil sheen, or other obvious
indicators of storm water pollution. The
examination must be conducted in a
well lit area. No analytical tests are
required to be performed on these
samples.
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50852
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
The examination must be made at
least once in each designated period
during daylight hours unless there is
insufficient rainfall or snow-melt to
runoff. Whenever practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Examinations
shall be conducted in each of the
following periods for the purposes of
inspecting storm water quality
associated with storm water runoff and
snow melt: January through March;
April through June; July through
September; October through December.
Grab samples shall be collected within
the first 30 minutes (or as soon
thereafter as practical, but not to exceed
60 minutes) of when the runoff begins
discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
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 collect a
sample of effluent from one such outfall
and report that the examination data
also apply to the substantially identical
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination. Adverse weather
conditions which may prohibit the
collection of samples include weather
conditions that create dangerous
conditions for personnel (such as local
flooding, high winds, hurricane,
tornadoes, electrical storms, etc.) or
otherwise inake the collection of a
sample impracticable (drought,
extended frozen conditions, etc.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
C. Storm Water Discharges Associated
With Industrial Activity From Chemical
and Allied Products Manufacturing
Facilities
1. Discharges Covered Under This
Section
EPA regulations define "storm water
discharges associated with industrial
activity" at 40 CFR 122.26(b)(14) in
order to specify those discharges that
are required to be permitted under the
NPDES program. Category (ii) of this
definition includes facilities classified
as Standard Industrial Classification
(SIC) code 28, Chemical and Allied
Products Manufacturing, with the
exception of facilities classified as SIC
code 285—Paints, Varnishes, Lacquers,
Enamels, and Allied Products
Manufacturing, which are included in
category (xi) of the definition. EPA did
not receive any group applications from
facilities with primary SIC code 283
(Drugs Manufacturing). Therefore, as
EPA had no data on such facilities, they
are not eligible for coverage under this
section of today's permit. The following
section describes facilities covered by
Part XI.C. of today's permit and the
conditions and requirements of facilities
covered by Part XI.C.
For additional information on the
subsectors and their industrial
activities, please see the following
documents:
"Development Document for Effluent
Limitations Guidelines and Standards
for the Paint Formulating Point Source
Category." EPA-440/l-79/049-b. 1979.
"Development Document for Interim
Final Effluent Limitations Guidelines
for the Pesticide Chemicals
Manufacturing Point Source Category."
EPA-440/l-75/060d. 1976.
"Development Document for Effluent
Limitations Guidelines and New Source
Performance Standards for the Major
Organic Products Segment of the
Organic Chemicals Manufacturing Point
Source Category." EPA-440/l-74-009a.
1974.
"Development Document for Effluent
Limitations Guidelines, New Source
Performance Standards and
Pretreatment Standards for Organic
Chemicals and the Plastics and
Synthetic Fibers Point Source
Category." EPA-440/1-87/009. 1987.
"Development Document for Effluent
Limitations Guidelines and New Source
Performance Standards for the Basic
Fertilizer Chemicals Segment of the
Fertilizer Manufacturing Point Source
Category." 1974.
"Development Document for Final
Effluent Limitations Guidelines, New
Source Performance Standards and
Pretreatment Standards for the
Pharmaceutical Manufacturing Point
Source Category." EPA-440/1-83/084.
1983.
"Development Document for Effluent
Limitations Guidelines, New Source
Performance Standards and
Pretreatment Standards for the Inorganic
Chemicals Manufacturing Point Source
Category, Phase 2." EPA-440/1-84/007.
1984.
Part XI.C. of today's permit has been
developed for storm water discharges at
facilities primarily engaged in the
manufacture of chemicals and allied
;products. This sector of industry
includes facilities which manufacture a
broad range of products including
plastic and synthetic materials,
detergents, paints and varnishes, drugs,
fertilizers and pesticides, adhesives,
inks, explosives, artist's inks and paints,
and organic and inorganic chemicals
used for industrial purposes.
Specifically, Part XI.C. of today's permit
applies to establishments primarily
engaged in manufacturing:
a. Industrial inorganic chemicals,
(including SIC 281).
b. Plastic materials and synthetic
resins, synthetic rubbers, and cellulosic
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50853
and other humanmade fibers, except
glass (including SIC 282).
c. Soaps and detergents; specialty
cleaning, polishing, and sanitation
preparations; surface active preparations
used as emulsifiers, wetting agents, and
finishing agents, including sulfonated
oils; perfumes, cosmetics, and other
toilet preparations; glycerin made from
vegetable and animal fats and oils
(including SIC 284).
d. Paints (in paste and ready-mixed
form), varnishes, lacquers, enamels,
shellac, putties, wood fillers, and
sealers, paint and varnish removers,
paint brush cleaners, and allied paint
products (including SIC 285).
e. Industrial organic chemicals
(including SIC 286).
/. Nitrogenous fertilizers; phosphatic
fertilizers; fertilizers, mixing only;
pesticides; and other agricultural
chemicals, not elsewhere classified
(including SIC 287).
g. Industrial and household
adhesives, glues, caulking compounds,
sealants, and linoleum, tile, and rubber
cements from vegetable, animal, or
synthetic plastics materials (including
SIC 2891).
A, Explosives (including SIC 2892).
/. Printing ink, including gravure,
screen process, and lithographic ink,
and carbon black (including SIC 2893
and 2895); and, due to the nature of
manufacturing activities, EPA has
included industrial facilities
represented by SIC 3952 in this
category, but only those primarily
engaged in the manufacturing of ink and
paints, including china painting
enamels, India and drawing ink,
platinum paints for burnt wood or
leather work, paints for china painting,
artists' paints and artists' water colors.
/. Miscellaneous that are not in
Sections a. through i. of this part, such
as fatty acids, essential oils,
nonyegetable gelatin, sizes, bluing,
laundry sours, writing and stamp pad
ink, industrial compounds, such as
boiler and heat insulating compounds,
metal, oil, and water treatment
compounds, waterproofing compounds,
and chemical supplies for foundries
(including SIC 2899).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Pollutants Found in Storm Water
Discharges
Water quality impacts caused by
storm water discharges associated with
an industrial activity from Chemical and
Allied Products Manufacturing facilities
are expected to vary depending on
several factors. Such factors include the
geographic location and hydrology of
the site, the type of manufacturing and/
or industrial activities, the amount and
type of operations and material storage
occurring outside, imperviousness of
surfaces at the site, and the impact of a
given precipitation event. In addition,
sources of pollutants from non-storm
water discharges such as washwaters
from industrial areas, illicit
connections, and spills may increase the
pollutant loading to waters of the
United States. Because there is wide
variety of products and manufacturing
activities in this sector of today's
permit, EPA has subdivided the
chemicals and allied products
manufacturing industry into
"subsectors."
Part 1 of the group application
required a summary of industrial
activities and the significant materials
stored exposed to precipitation. This
provided useful qualitative information
to EPA, but information that is not
possible to quantify reliably due to
differences in terminology and
thoroughness. For the summary of
industrial activities, some participants
reported their industrial activity as
"manufacture of product X," rather than
listing the components of that main
activity. Other participants listed some
or all general industrial actions, e.g.,
"shredding" or "wastewater treatment."
(Products listed represent most of the
industrial classifications which are
subject to this section of today's permit).
Table C.I. lists the general industrial
actions occurring at facilities according
to part 1 of their group applications.
TABLE C-1.—INDUSTRIAL ACTIVITIES OCCURRING AT CHEMICAL AND ALLIED PRODUCT MANUFACTURERS (AS REPORTED IN
PART 1 OF GROUP APPLICATIONS)
1. Storage of materials in tanks, either below or above ground.
2. Wastewater treatment, use of activated sludge process, or land application of wastewaters.
3. Bagging of materials/products.
4. Blending and mixing of chemicals.
6. Packaging of chemicals.
6. Cooling towers.
7. Crushing, Milling, Shredding, Granulation and Grinding of materials.
8. Storage of cylinders used to contain industrial gases.
9. Dtetitoutlon of products. ;
10. Storage of empty or full drums.
11. Equipment storage and maintenance, including vehicles.
12. Application of fertilizers or pesticides.
13. Operation of a foundry.
14. Fueling of vehicles.
15. Hazardous waste temporary storage or operation of RCRA treatment, storage, or disposal facility.
16. Hot oB system for cooling/heat exchange.
17. Landfills or temporary refuse site.
18. Application of lime.
19. Loading/Unloading.
20. Use of machinery to process materials.
21. Material handling and warehousing.
22. Plant yard and areas of past industrial activity.
23. Access roads and rail tracks.
24. Steam boilers.
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50854
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE C-1 .—INDUSTRIAL ACTIVITIES OCCURRING AT CHEMICAL AND ALLIED PRODUCT MANUFACTURERS (AS REPORTED IN
PART 1 OF GROUP APPLICATIONS)—Continued
25. Thermal oxidation of lead. ~~~ '.~
26. Washing of drums.
27. Waste dumpster or compactor.
Table C-2 shows the subsectors and
their corresponding SIC codes and
letters (from discharges covered under
this section in this fact sheet).
Part 2 of the storm water group
application required that quantitative
data be submitted by a representative
sampling subgroup. Based on the wide
variety of industrial activities and
significant materials at the facilities
included in this sector, EPA believes it
is appropriate to divide the chemical
and allied products industry into
subsectors to properly analyze sampling
data and determine monitoring
requirements. As a result, this sector has
been divided into the following
subsectors: industrial inorganic
chemicals; plastics, synthetics, and
resins; drugs; soaps, detergents,
cosmetics, perfumes; paints, varnishes,
lacquers, enamels, and allied products;
industrial organic chemicals;
agricultural chemicals; and
miscellaneous chemical products.
Tables C-2, C-3, C-4, C-5, C-6, C-7,
and C-8 below include data for the eight
pollutants that all facilities were
required to monitor for under Form 2F.
The tables also list those parameters that
EPA has determined merit further
monitoring. A table has not been
included for industrial organic chemical
manufacturing facilities because less
than 3 facilities submitted data in that
subsector.
TABLE C-2.—SUBSECTOR INDEX
Subsector
1
2
3 ;
4
5
6
7
8
SIC Code(s)
281
282
284
285
286
287
289 2891
2892, 2893,
2894, 2899,
3952
28'
' Subsector 8 includes those facilities that in-
dicated their SIC code only as 28, without the
following 1 or 2 digits.
TABLE C-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY INDUSTRIAL INORGANIC CHEMICALS
MANUFACTURING FACILITIES SUBMITTING PART II SAMPLING DATA* (mg/L)
Pollutant
Sample type
BOD5
COD
Nitrate + Nitrite Ni-
trogen .....
Total Kjeldahl Nitro-
Oil & Grease
pH
Total Phosphorus ..
Total Suspended
Solids
Iron
* of Facilities
Grab
10
10
10
10
9
9
10
10
7
5
Comp"
10
10
10
10
N/A
N/A
10
10
7
5
II of Samples
Grab
16
16
16
16
15
15
16
16
13
11
Comp
16
16
16
16
N/A
N/A
16
16
13
11
Mean
Grab
12.1
101.4
2.79
18.71
1.9
N/A
0.98
156
2.41
3.0
Comp
8.872
63.6
1,92
7.09
N/A
N/A
0.83
80.4
1.7
2
Minimum
Grab
0.0
20.0
0.60
0.00
0.0
5.4
0.00
6
0.49
0.5
Comp
0.0
0.0
0.07
0.0
N/A
N/A
0.0
0.82
0.06
0.1
Maximum
Grab
67.0
350.0
7.30
132.00
18.0
10.4
6.59
790
7.82
8.8
Comp
26.0
320.0
7.1
19.4
N/A
N/A
6.14
320
7.87
7.6
Median
Grab
7.0
80.0
2.40
4.09
0.1
7.6
0.34
99
1.06
22.
Comp
7.5
36.5
1.25
3.15
N/A
N/A
0.40
21.5
0.77
12
95th Percentile
Grab
35.0
269.2
14.72
110.69
9.5
11.2
3.32
769
7.02
10.6
Comp
22.8
185.1
8.24
30.8
N/A
N/A
3.19
658.5
6.83
8.7
99th Percentile
Grab
60.4
453.4
37.34
392.88
39.7
13.1
7.55
2043
12.8
.21.7
Comp
34.3
334.2
18.7
68.3
N/A
N/A
7.61
3258.4
16.47
21.7
aiumed1o0be *** d'd n01 repor^the unlts of m6asurement for *e reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
11 Composite samples.
TABLE C-4.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY PLASTICS MATERIALS AND SYNTHETIC RESINS, SYN-
THETIC RUBBERS, CELLULOSIC AND OTHER MANMADE FIBERS EXCEPT GLASS MANUFACTURING FACILITIES SUBMIT-
TING PART II SAMPLING DATA* (mg/L)
Pollutant
Sample type
BOD 5
COD
Nitrate + Nitrite Ni-
trogen
Total Kjeldahl Nitro-
Oil& Grease ...
pH „.
Total Phosphorus ..
Total Suspended
Solids ..
Zinc
* of Facilities
Grab
16
17
17
17
16
15
17
17
14
Comp"
14
15
15
15
N/A
N/A
15
15
12
* of Samples
Grab
41
42
43
42
42
42
43
42
36
Comp
36
38
39
38
N/A
N/A
39
38
31
Mean
Grab
11.5
58.1
4.31
3.51
2.0
N/A
0.40
157
0.391
Comp
11.4
52.6
5.35
3.96
N/A
N/A
0.41
94.6
0.425
Minimum
Grab
0.0
0.0
0.00
0.20
0.0
3.6
0.00
0.0
0
Comp
1.0
0.0
0.0
0.0
N/A
N/A
0.0
0.0
0
Maximum
Grab
66.0
162.0
140.30
47.20
15.0
7.7
420
2708
2.1
Comp
66.0
169.0
158.0
56.8
N/A
N/A
4.40
816
2.07
Median
Grab
6.0
38'.5
0.76
1.50
0.0
6.8
0.11
40
0.19
Comp
6.6
35.5
0.95
1.40
N/A
N/A
0.07
26.5
0.23
95th Percentile
Grab
34.1
191.7
7.67
9.67
10.2
8.4
1.45
570
1.427
Comp
342
142.6
8.88
10.6
N/A
N/A
1.56
345.4
1.712
99th Percentile
Grab
62.8
360.6
20.81
20.29
22.4
9.4
3.60
1665
3.183
Comp
64.8
237.7
23.1
22.9
N/A
N/A
427
845.5
4.031
assumed1o0be 0** M "ft report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
"Composite samples.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50855
TABLE C-5.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY SOAPS, DETERGENTS, AND CLEANING PREPARA-
TIONS; PERFUMES, COSMETICS, AND OTHER TOILET PREPARATIONS FACILITIES SUBMITTING PART II SAMPLING DATA-
(mg/L)
Pohtant
Samptotype
BQPj ..I,,, ,1, -, -
000 ..-.-1.1-4H1U...1...
ttoQen ,,„.,„.,„,,,„,,,
Total rqekJahl NHro-
pH .
Total Phosphorus „
Total Suspended
Scfide .................
Znc
I of Facffilies
Grab
12
12
12
12
12
12
12
13
6
Comp"
13
12
12
12
N/A
N/A
12
13
6
* of Samples
Grab
19
19
19
19
19
19
19
20
7
Comp
20
19
19
19
N/A
N/A
19
20
7
Mean
Grab
532
245.3
1.40
3.48
4.6
N/A
1.60
313
1.584
Comp
232
132.5
0.97
2.3
N/A
N/A
0.57
154
0.941
Minimum
Grab
0.0
28.0
0.00
0.80
0.0
3.5
0.02
6
0.13
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0.0
0.15
Maximum
Grab
340.0
1200.0
5.00
11.40
40.0
8.0
9.00
1522
4.8
Comp
108.0
530.0
42
9.0
N/A
N/A
1.9
880
2.7
Median
Grab
16.0
120.0
1.16
2.60
0.0
7.1
0.40
74
0.41
Comp
6.5
80.0
0.76
1.4
N/A
N/A
0.40
39
0.26
95th Percentile
Grab
286.2
834.2
5.60
8.90
21.1
9.1
8.93
1519
7.438
Comp
99.8
486.8
3.17
6.93
N/A
N/A
2.34
633.2
3.761
99th Percentile
Grab
892.7
1803.7
12.16
14.73
42.8
10.5
28.97
4714
20.20
Comp
253.6
1015.5
5.97
12.2
N/A
N/A
5.20
1744
99.146
' AppSeationi thai did not report the units of measurement for the reported values of pollutants were not Included in these statistics. Values reported as non-de
attuned lo bo 0.
* Composes samples.
TABLE C-6.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY PAINTS, VARNISHES, LACQUERS, ENAMELS, AND
ALLIED PRODUCTS FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
Pohitant
Sample type
BOOj .I,,,, i — -
COO .„„„„„,„„,„-
trepan..
pH ,m,,.™,m ™~
Total Phosphorus
Total Suspended
Solids
f of Facilities
Grab
3
3
3
3
3
3
3
3
Comp"
3
3
3
3
N/A
N/A
3
3
lot Samples
Grab
3
3
3
3
3
3
3
3
Comp
3
3
3
3
N/A
N/A
3
3
Mean
Grab
4.7
50.3
0.43
127
4.7
N/A
024
433
Comp
20.7
42.3
0.53
1.56
N/A
N/A
023
47.0
Minimum
Grab
0.0
0.0
0.00
0.30
0.0
6.7
022
4
Comp
12.0
0.0
0.0
0.60
N/A
N/A
0.13
2.0
Maximum
Grab
11.0
84.0
120
1.90
9.6
7.7
026
824
Comp
36.0
72.0
1.3
2.78
N/A
N/A
0.30
130
Median
Grab
3.0
67.0
0.09
1.62
4.6
7.1
0.24
470
Comp
14.0
55.0
028
1.30
N/A
N/A
025
9.0
95th Percentile
Grab
21.6
94.4
4.59
5.24
14.1
8.0
0.28
14276
Comp
48.5
82.8
2.88
4.57
N/A
N/A
0.44
429.9
99th Percentile
Grab
42.2
106.1
17.50
10.52
20.6
8.4
0.29
104964
Comp
72.7
95.1
6.36
7.70
N/A
N/A
0.59
1815.8
tAppfestlons that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
•Composite samples. , . . ,
TABLE C-7.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY AGRICULTURAL CHEMICALS MANUFACTURING
FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
PotluUnl
Sarnpfotyps
BOD* _«..««.».
COD ,.„.„,„,-„
Mtais + (Wo
NKfooon .......
Total K{eidahl
Nitrogen «««.
Oa&Gtoasa ~
pH LIU.... ..I. ..i-.i-
TotalPhos-
phorus .«»»m
Total Sus-
pended Sol-
ids iiiiiiiiiutiiii
Iron „,„„„, ,,,lllr-
Lead .1H.1.1.....M.
Zinc
» of FecKes
Grab
17
17
12
17
17
15
17
17
4
4
5
Godtp*
17
17
12
17
N/A
N/A
17
15
4
4
5
1 of Samples
Grab
27
27
22
27
28
2
27
27
g
6
10
Comp
27
27
22
27
N/A
5N/A
27
25
g
6
10
Mean
Grab
42
70.3
43.88
75.70
8.6
N/A
15.80
434
5.3
0.094
1.527
Comp
6.00
45.3
19.47
92.1
N/A
N/A
54.96
113
3.6
0.042
0.862
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
5.3
0.13
0
0.6
0
0.075
Comp
0.0
0.0
0.00
0.8
N/A
N/A
0.19
0
0.6
0
0.063
Maximum
Grab
13.0
400.0
315.00
1020.00
95.0
7.8
110.00
5182
22
0.167
7.7
Comp
43.5
138
85.0
1460.0
N/A
N/A
982.0
593.0
11
0.104
4.2
Median
Grab
4.0
55.0
3.78
10.00
0.0
7.1
5.00
103
1.8
0.1
0.58
Comp
4.0
36.0
3.86
12.90
N/A
N/A
11.0
58
1.5
0.03
0.40
95th Percentile
Grab
10.6
239.5
220.52
214.61
36.6
8.0
80.24
1734
19
0.348
6.997
Comp
19.5
166.3
119.0
250.0
N/A
N/A
180.16
510.8
13.2
0.119
3.116
99th Percentile
Grab
15.2
472.2
898.55
710.55
121.2
8.5
252.70
5506
42.6
0.652
19.075
Comp
35.9
325.4
409.7
777.61
N/A
N/A
693.3
1251.8
28.3
0.193
6.915
"Appftalioni that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to baO.
•Composite samples.
TABLE C-8.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY MISCELLANEOUS CHEMICAL PRODUCTS
MANUFACTURING FACILITIES SUBMITTING PART II SAMPLING DATAI (mg/L)
Pollutant
Sample type
BOOi«~-~— ~~~
COO .1. 1.. ...in. I........
ToWl KjoWaN fto>
C4& Grease —....
pH „...„.„„.„.„.,.,„„
Total Phosphorus _
« of Facilities
Grab
18
19
19
19
20
20
20
Comp"
14
15
14
15
N/A
N/A
15
f of Samples
Grab
26
28
28
31
29
29
29
Comp
21
23
22
23
N/A
N/A
23
Mean
1432
70.4
0.97
1.61
4.4
N/A
0.18
Grab
Comp
11.3
63.3
1.00
1.34
N/A
N/A
0.11
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
4.6
0.00
Comp
0.0
19.0
0.0
0.0
N/A
N/A
0.0
Maximum
Grab
3420.0
394.0
4.88
5.50
23.0
9.3
1.63
Comp
98.0
382.0
3.12
4.1
N/A
N/A
0.39
Median
Grab
9.0
42.5
0.57
1.40
2.0
7.3
0.07
Comp
6.0
41.0
0.60
1.10
N/A
N/A
0.10
95th Pe
Grab
128.6
180.6
3.37
. 5.83
16.8
9.2
0.65
rcentile
Comp
29.3
150.1
3.22
425
N/A
N/A
0.32
99th Percentile
Grab
353.6
300.5
6.79
11.27
32.9
10.1
1.29
Comp
51.4
247.1
6.18
7.45
N/A
N/A
,:H-,°-46
-------
50856
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE C-8.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY MISCELLANEOUS CHEMICAL PRODUCTS
MANUFACTURING FACILITIES SUBMITTING PART II SAMPLING DATAI (mg/L)—Continued
Pollutant
Sample type
Total Suspended
Solids
# of Facilities
Grab
19
Comp"
15
It of Samples
Grab
28
Comp
23
Mean
50
Grab
Comp
47.8
Minimum
Grab
0
Comp
0.0
Maximum
Grab
415
Comp
350
.Median
Grab
13
Comp
8.0
95th Percentile
Grab
246
Comp
220.5
99th Percentile
Grab
728
Comp
687.3
I Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0." •
"Composite samples.
3. Options for Controlling Pollutants
As required in part 1 of the storm
water group permit application,
participants were required to provide
information regarding existing storm
water management practices and
controls. Table C—9 below identifies the
material management practices for the
identified sampling facilities.
TABLE C-9.—CURRENT STORM WATER MANAGEMENT PRACTICES USED BY THE CHEMICAL AND ALLIED PRODUCTS
MANUFACTURING INDUSTRY (AS REPORTED IN PART 1 OF THE GROUP APPLICATIONS)'
Subsector
Current management practices
Unloading Boot, Catch Basin, Containment, Covering, Curbing, Dike Diversion, Housekeeping, Inspection of Equipment, Infiltration,
Oil/Water Separator, Roof, SPCC, Sump, Storm Water Collector for Water Reuse, Training, Indoor Storage.
Catch Basin, Covering, Dike, Indoor Storage, Pond, SPCC, Swale, Vegetation Strip.
Caps on Tank Vents, Concrete Pad, Containment, Covering, Curbing, Dike, Diversion, Drain, Hazardous Waste Management, Haz-
ardous Waste Pad, Holding Tank, Indoor Storage, Infiltration, Pond, Roof, Sealed Drums, SPCC, Storm Water Collector, Tarp,
Vaulted.
Containment, Covering, Dike, Holding Tank, Infiltration, Pond, Roof Drain, Site Inspection, SPCC, Swale, Training, Waste Minimiza-
tion.
Curbing, Dike, Pond, SPCC.
Catch Basin, Covering, Dike, Housekeeping, Indoor Storage, Infiltration, Oil/Water Separator, Pond, Roof, Site Inspection, SPCC,
Sump, Swale, Sweep, Valves.
Absorbent Materials, BMP Plan, Catch Basin, Concrete Pad, Containment, Covering, Curbing, Dike, Drain, Drip Pan, House-
keeping, Indoor Storage, Infiltration, Oil/Water Separator, Pond, Roof, Inspection, Sloped Containment, SPCC, Sump, Swale,
Training, Valves.
Catch basin, Containment, Covering, Dike, Indoor Storage, Pond, Roof, Site Inspection, SPCC, Swale, Training.
'The information presented in this table was received from part 1 group applications for Sector 3.
In order to develop achievable storm
water management practices and
controls, EPA has evaluated all existing
management practices as well as
practices developed and implemented
under the September 9,1992, storm
water general permit. For a detailed
explanation regarding specific storm
water controls and management
practices, the reader may refer to the
pollution prevention plan requirements
section below.
4. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to the discharges
prohibited under Part III.A.2 of today's
permit, EPA has specified that the
following types of discharges are not
authorized by this section:
(1) Inks, paints or substances
(hazardous, nonhazardous, etc.)
resulting from an onsite spill including
materials collected in drip pans.
(2) Washwaters from .material
handling and processing areas. This
includes areas where containers,
equipment, industrial machinery, and
any significant materials are exposed to
storm water.
(3) Washwaters from drum, tank or
container rinsing and cleaning.
EPA has included these prohibitions
in order to emphasize that spilled
materials should be cleaned up and
properly disposed, and that washwaters
constitute process wastewater and not
storm water. These types of discharges
contribute excessive amounts of
pollutants to water bodies and must be
permitted by an NPDES permit for
process wastewater, as they are not
authorized by this section.
5. Storm Water Pollution Prevention
Plan Requirements
a. Contents of the Plan. Today's
permit requires that all facilities covered
under this section prepare a Drainage
and Site Plan. Based on the information
contained in the part 1 application, EPA
has identified and specified areas where
materials are commonly handled. EPA
is requiring that the site plan detail the
drainage patterns of the runoff and
identify the outfall and receiving water
body. [Language on site map not
included.]
(1) Description of Potential Pollutant
Sources. The Inventory of Exposed
Materials as well as Risk Identification
and Summary of Potential Pollutants
Sources requirements were further
defined to avoid confusion. In addition,
EPA is requiring that the information
submitted in the group application
regarding pollutant sources and current
management practices be evaluated and
considered when developing the plan.
Measures and Controls. EPA has
divided this section of the permit into
two parts. The first part addresses
nonstructural pollution prevention
controls, while the second part
addresses structural controls.
The following requirements were
established by EPA under the
nonstructural conditions to identify
specific practices that must be
implemented by all permittees:
(a) Good Housekeeping—hi addition
to the information provided in the group
application process, EPA conducted a
series of inspections to identify areas of
concern, materials exposed to storm
water and current management practices
used by the chemicals and allied
products manufacturing industry. EPA
also reviewed a series of existing
pollution prevention plans that were
developed under the requirements of
the baseline general permit. Based on
this information, EPA is requiring that
at a minimum, permittees shall consider
establishing the following good
housekeeping practices:
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50857
(!) Schedule regular pickup and
disposal of garbage and waste materials
or other measures to dispose of waste.
This schedule may be included in the
plan. Individuals responsible for waste
management and disposal should be
informed of the procedures established
under the plan,
(ii) Routinely inspect for leaks and
conditions of drums, tanks and
containers. Ensure that spill cleanup
procedures are understood by
employees,
flit) Keep an up-to-date inventory of
all materials present at the facility.
While preparing the inventory, all
containers should be clearly labeled.
Hazardous containers that require
special handling, storage, use and
disposal considerations should be
clearly marked and readily recognizable,
(iv) Maintain clean ground surfaces by
using brooms, shovels, vacuum cleaners
or cleaning machines.
(b) Employee Training—Training
should also address procedures for
equipment and containers cleaning and
washing. The training should emphasize
the human hazards and the potential
environmental impacts from the
discharges of washwaters. In addition,
today's permit requires that the
pollution prevention plan for chemical
and allied products manufacturing
facilities identify periodic dates for such
training of at least once per year. EPA
recommends that facilities conduct
training annually at a minimum.
However, moro frequent training may be
necessary at facilities with high
turnover of employees or where
employee participation is essential to
the storm water pollution prevention
plan.
(c) Inspections—Qualified personnel
shall conduct quarterly inspections. A
wet weather inspection (during a
rainfall event) shall be conducted in the
second (April to June) and third quarters
(July to September) of each year. A dry
weather inspection (no precipitation)
shall be conducted in the first (January
to April) and fourth quarters (October to
December).
However, where a seasonal arid
period is sustained for more than 3
months, a dry weather inspection will
satisfy die wet weather inspection
requirement. This requirement will
assure that permittees conduct at least
one inspection every quarter.
EPA believes that this requirement
will satisfy the requirements of this
section by measuring the effectiveness
of the pollution prevention plan during
dry and wet weather conditions. These
inspections will increase awareness and
responsibility for storm water pollution.
Moreover, conducting these dry and wet
weather inspections on a quarterly basis
will provide permittees with a tool for
evaluating best management practices,
structural and nonstructural measures,
good housekeeping and spill cleaning
procedures, among other pollution
prevention activities.
(d) Facility Security—Facilities
should consider evaluating existing
security systems such as fencing,
lighting, vehicular traffic control, and
securing of equipment and buildings
and should include existing and new
system into the plan to prevent
accidental or intentional entry which
could cause a discharge of pollutants to
waters of the United States.
(e) Structural Storm Water
Management Controls—Under the
structural conditions, EPA has
identified specific practices that should
be considered by all permittees. These
structural practices are divided into four
activities/areas: material handling and
storage; management of runoff; sediment
and erosion control; and sampling.
(f) Practices for Material Handling
and Storage Areas—Under material
handling and storage, EPA is
recommending a series of management
practices to minimize materials exposed
to precipitation. These areas were
selected after evaluation of part 1 data
and current practices used by the group
participants. For areas where liquid or
powdered materials are stored, facilities
shall consider providing either diking,
curbing, or berms. For all other outside
storage areas including storage of used
containers, machinery, scrap and
construction materials, and pallets,
facilities shall consider preventing or
minimizing storm water runon to the
storage area by using curbing,
culverting, gutters, sewers or other
forms of drainage control. For all storage
areas, roofs, covers or other forms of
appropriate protection shall be
considered to prevent exposure to
weather. In areas where Squid or
powdered materials axe transferred in
bulk from truck or rail cars, permittees
shall consider appropriate measures to
minimize contact of material with
precipitation. Permittees shall consider
providing for hose connection points at
storage containers to be inside
containment areas and drip pans to be
used hi areas which are not in a
containment area, where spillage may
occur (e.g., hose reels, connection points
with rail cars or trucks) or equivalent
measures. In areas of transfer of
contained or packaged materials and
loading/unloading areas, permittees
shall consider providing appropriate
protection such as overhangs or door
skirts to enclose trailer ends at truck
loading/unloading docks or an
equivalent.
In order to prevent facilities from
discharging contaminated storm water
from areas where precipitation is
contained, contained areas should be
restrained by valves or other positive
means to prevent the discharge of a spill
or leak. Containment units may be
emptied by pumps 'or ejectors; however,
these should be manually activated.
Flapper-type drain valves should 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-or-closed design. If
facility drainage is not engineered as
above, the final discharge point of all in-
facility sewers should be equipped to
prevent the discharge in the event of an
uncontrolled spill of materials.
(g) Management of Runoff—Under
management of runoff conditions, EPA
is requiring that the plan contain a
description of storm water management
practices used and/or to be used to
divert, infiltrate, reuse, or otherwise
manage storm water runoff in a manner
that reduces pollutants in storm water
discharges from the site.
(h) Sediment and Erosion Control—
For areas with a potential for significant
soil erosion, the permittee should
describe permanent stabilization
practices to be used in order to stabilize
disturbed areas. The measures will
minimize the amount of sediment
materials in the discharge.
(i) Non-storm Water Discharges—
There are no additional requirements
beyond those described in Part Vl.C of
this fact sheet.
(j) Comprehensive Site Compliance
Evaluation—In accordance with 40 CFR
122.24(i)(4)(i), EPA has established that
comprehensive site compliance
evaluations be conducted at least once
every year. Members of the pollution
prevention team or a qualified
professional designated by the team
must conduct the evaluation.
Requirements for the evaluation are
listed under Part V1.C.4 of this fact
sheet.
6. Numeric Effluent Limitations
a. Phosphate Fertilizer Manufacturing
Runoff. Part XI.C.5.a. of today's permit
establishes numeric effluent limitations
for storm water discharges from
facilities identified by SIC 28 7, the
Phosphate Subcategory of the Fertilizer
Manufacturing Point Source Category,
which are subject to effluent limitations
guidelines at 40 CFR Part 418. The term
contaminated storm water runoff shall
mean precipitation runoff, which dining
manufacturing or processing, comes into
incidental contact with any raw —
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5O858 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
materials, intermediate product, .
finished product, by-products or waste
product. The concentration of pollutants
in storm water discharges shall not
exceed the following effluent limitations
included in Table C-10 below:
TABLE C-10
Effluent characteris-
tics
Total Phosphorus (as
p)
Fluoride
Effluent limitations
(mg/L) .
Maximum
for any 1
day
105.0
75.0
Average
of daily
values for
30 con-
secutive
days shall
not ex-
ceed
35.0
25.0
Facilities with discharges as described
above must be in compliance with these'
effluent limitations upon
commencement of coverage and for the
entire term of this permit. Discharges
that are associated with industrial
activities that do not contain runoff
from the areas or activities specified
above are not subject to the effluent
limitation in Table C-10 above.
7. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that
chemical manufacturing facilities may
reduce the level of pollutants in storm
water runoff from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. Under the
revised methodology for determining
pollutants of concern for the various
industrial sectors, four subsectors in the
chemical and allied products
manufacturing sector must monitor their
storm water discharges. The monitoring
requirements are presented in Tables C-
11, C-12, C-13, and C-14 for
agricultural chemical manufacturing
facilities; industrial inorganic chemical
facilities; soaps, detergents, cosmetics,
and perfume manufacturing facilities;
and plastics, synthetics, and resin
manufacturing facilities. The pollutants
listed in Tables C-ll, C-12, C-13, and
C—14 were found to be above benchmark
levels. Because these pollutants have
been reported at benchmark levels from
agricultural chemical facilities;
industrial inorganic chemical facilities;
soaps, detergents, synthetics, and resin
manufacturing facilities, EPA is
requiring monitoring after the pollution
prevention plan has been implemented
to assess the effectiveness of the
pollution prevention plan and to help
ensure that a reduction of pollutants is
realized.
Under the Storm Water Regulations at
40 CFR 122.26(b)(14), EPA defined
"storm water discharge associated with
industrial activity". The focus of today's
permit is to address the presence of
pollutants that are associated •with the
industrial activities identified in this
definition and that might be found in
storm water discharges. Under the
methodology for determining analytical
monitoring requirements, described in
section VLE.l.of this fact sheet, nitrate
plus nitrite nitrogen is above the bench
mark concentrations for the plastics,
synthetics, and resins subsector. After a
review of the nature of industrial
activities and the significant materials
exposed to storm water described by
facilities in this subsector, EPA has
determined that the higher
concentrations of nitrate plus nitrite
nitrogen are not likely to be caused by
the industrial activity, but may be
primarily due to non-industrial
activities on-site. Today's permit does
not require plastics, synthetics, and
resins facilities to conduct analytical
monitoring for this parameter.
At a minimum, storm water
discharges from agricultural chemical
facilities; industrial inorganic chemical
facilities; soaps, detergents, cosmetics,
and perfume manufacturing facilities; •
and plastics, synthetics, and resin
manufacturing facilities must be
monitored quarterly during the second
year of permit coverage. Samples must
be collected at least once in each of the
following periods: January through
March;'April through June; July through
September; and October through
December. At the end of the second year
of permit coverage; a facility must
calculate the average concentration for
each parameter listed in Tables C—11,
C-12, C-13, and C-14. If the permittee
collects more than four samples in this
period, then they must calculate an
average concentration for each pollutant
of concern for all samples analyzed.
TABLE C-11.—AGRICULTURAL CHEMICALS MONITORING REQUIREMENTS
Pollutants of concern
Nitrate plus Nitrite Nitrogen , < .......
Total Recoverable Lead . ;
Total Recoverable Iron
Total Recoverable Zinc
Phosphorus .*.
Cut-off con-
centration
0.68 rng/L
0.081 6 mg/L
1.0 mg/L
0 117 mg/L
2.0mo/L
TABLE C-12.—INDUSTRIAL INORGANIC CHEMICALS MONITORING REQUIREMENTS
Pollutants of concern
Total Recoverable Aluminum
Total Recoverable Iron
Nitrate plus Nitrite Nitrogen .'.-. :. .'.
Cut-off con-
centration
0.75 mg/L
1.0 mg/L
0.68 mg/L
TABLE C-13.—SOAPS, DETERGENTS, COSMETICS, AND PERFUMES MONITORING REQUIREMENTS
Pollutants of concern
Cut-off con-
centration
Nitrate plus Nitrite Nitrogen
Total Recoverable Zinc ......
0.68 mg/L
0.117 mg/L
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50859
TABLE C-14.—PLASTICS, SYNTHETICS, AND RESIN MANUFACTURING MONITORING REQUIREMENTS
Tola) Recoverable Zinc
Pollutants of concern
Cut-off con-
. centration
0.117mg/L
If the average concentration for a parameter is less than or equal to the cut-off concentration, then the permittee
is not required to conduct quantitative analysis for that parameter during the fourth year of 'the permit. If, however,
tho average concentration for a parameter is greater than the cut-off concentration, then the permittee is required to
conduct quarterly monitoring for that parameter during the fourth year of permit coverage. Monitoring is not required
during the first, third, and fifth year of the permit. The exclusion from monitoring in the fourth year of the permit
is conditional on the facility maintaining industrial operations and BMPs that will ensure a quality of storm water
discharges consistent with the average concentrations recorded during the second year of the permit. The schedule
for monitoring is presented in Table C-15.
TABLE C-15.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage
4th Year of Permtt Coverage
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Tables C-11, C-12, C-13, and
C—14, then quarterly sampling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Tables C-11, C-12, C-
13, and C-14, then no further sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Tables C-11, C-12, C-13, and C-14.
If industrial activities or,the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will be used to
reassess the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
(b). Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
certification described below is
necessary to ensure that monitoring
requirements are only imposed on those
facilities that do, in fact, have storm
water discharges containing pollutants
at concentrations of concern. EPA has
determined that if materials and
activities are not exposed to storm water
at the site, then the potential for
pollutants to contaminate storm water
discharges does not warrant monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring described in Tables C-11,
C-12, C-13, and C-14, 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, and 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 lieu of
monitoring reports required under
paragraph c. below. The permittee is
required to complete any and all
sampling until the exposure is
eliminated. If the facility is reporting for
a partial year, the permittee must
specify the date exposure was
eliminated. If the permittee is certifying
that a pollutant was present for part of
the reporting period, nothing relieves
the permittee from the responsibility to
sample that parameter up until the
exposure was eliminated and it was
determined that no significant materials
remained. This certification option is
not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report Form must be
submitted to the Director per storm
event sampled. For facilities conducting
monitoring beyond the minimum
requirements, an additional signed
Discharge Monitoring Report Form must
be filed for each analysis. The permittee
must include a measurement or estimate
of the total precipitation, volume of
runoff, and peak flow rate of runoff for
each storm event sampled.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
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minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable, permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/. Compliance Monitoring
Requirements. Today's permit requires
permittees with phosphate fertilizer
manufacturing facilities with
contaminated storm water discharges to
monitor for the presence of phosphorus
and fluoride. These monitoring
requirements are necessary to evaluate
compliance with the numeric effluent
limitation for these discharges.
Monitoring shall be performed upon a
minimum of one grab sample. All
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 30 minutes of the
discharge. If the collection of a grab
sample during the first 30 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 30 minutes was impracticable.
Monitoring results shall be submitted on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the month following collection of the
sample. Facilities which discharge
through a large or medium municipal
separate storm sewer system (systems
serving a population of 100,000 or more)
must also submit signed copies of
discharge monitoring reports to the
operator of the municipal separate storm
sewer system. Alternative Certification
provisions described in Section XI.C.5
of the permit do not apply to facilities
subject to compliance monitoring
requirements in this section.
Compliance monitoring is required at
least annually for discharge's subject to
effluent limitations. Therefore, EPA
cannot permit a facility to waive
compliance monitoring.
Phosphate fertilizer manufacturing
facilities are not required to collect and
analyze separate samples for the
presence of total phosphorus to satisfy
the Compliance Monitoring
requirements of Section XI.C.6.C. during
a year in which the facilities have
collected and analyzed samples for total
phosphorus in accordance with the
Analytical Monitoring Requirements of
Section XI.C.B.a. The results of all
Analytical Monitoring analyses may be
reported as Compliance Monitoring
results in accordance with Section
XI.C.5.d.(3) where the monitoring
methodologies are consistent.
g. Quarterly Visual Examination of
Storm Water Quality. Chemical and
allied products manufacturing facilities
shall perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination(s)
must be made at least once in each of
the following 3-month periods: January
through March, April through June, July
through September, and October
through December. The examination
shall be made during daylight hours
unless there is insufficient rainfall or
snow melt to produce a runoff event.
(I) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such outfall
and report that the examination data
also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.). EPA
realizes that if a facility is inactive and
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50861
unstaffed it may be difficult to collect
storm water discharge samples when a
qualifying event occurs. Today's final
permit has been revised so that inactive,
unstaffed facilities can exercise a waiver
of the requirement to conduct quarterly
visual examination.
D. Storm Water Discharges Associated
With Industrial Activity From Asphalt
Paving and Roofing Materials
Manufacturers and Lubricant
Manufacturers
1. Discharges Covered Under This
Section
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharges
associated with an industrial activity."
This definition includes point source
discharges of storm water from eleven
major categories of facilities, including
facilities commonly identified by
Standard Industrial Classification (SIC)
29. Today's permit only covers storm
water discharges associated with
industrial activities at facilities which
manufacture asphalt paving mixtures
and blocks (SIC code 2951), asphalt felts
and coatings (SIC code 2952), and
lubricating oils and greases (SIC code
2992). Hereinafter, facilities with
primary SIC codes 2951 or 2952 will be
referred to as "Asphalt Facilities," and
facilities with primary SIC code 2992 as
"Lubricant Manufacturers."
Section XI.D of today's permit does
not apply to Tenderers of fats and oils,
petroleum refining facilities or to oil
recycling facilities. Petroleum refining
facilities are not eligible for coverage
under today's permit, because these
types of facilities did not participate in
the group application process.
Renderers of fats and oils are covered
under Section XI.U of today's permit.
Oil recycling facilities are covered
under, Section XI.N of today's permit.
These facilities are more appropriately
grouped with the liquid waste recyclers
covered under Section XI.N.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
Ths monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
This section is applicable to storm
water discharges from portable plants.
Although portable plants were not
included in the group application
process the significant materials and
industrial activities conducted at these
facilities are sufficiently similar to
permanent facilities to allow coverage.
This section is applicable to storm water
discharges from portable plants, with
the condition that a new Notice of Intent
(NOI) be submitted for each location
and lie pollution prevention plan be
revised accordingly with each change in
location.
a. Industry Profile. Presented below
are brief descriptions of the industrial
activities associated .with asphalt
facilities and lubricant manufacturers.
Table D—1 shows some common
significant materials exposed at these
types of facilities.
TABLE D-1.—ACTIVITIES, POLLUTANT SOURCES, AND POLLUTANTS
Activity
Pollutant source
Pollutant
Asphalt Paving Manufacturing Facilities
Material Storage and Handling
Additives, asphalt, asphalt cement, asphalt concrete, asphalt prod-
ucts, asphalt release agents, crushed stone, fuel, granite, gran-
ules, gravel, limestone, lubricants, mineral spirits, oil, quartzite
rock, reclaimed asphalt pavement (RAP), sand, sandstone, slag.
TSS, Oil and Grease, pH, COD.
Asphalt Roofing Material Manufacturers
Material Storage and Handling
Mineral spirits, asphalt, asphalt cutbacks, asphalt shingles, lime-
stone, sand, slag, asphalt rolls, asphalt felt, talc oil and fuel.
TSS, Oil and Grease, pH and
COD.
Lubricant Manufacturers
Material Storage and Handling
Oils, waste solvents, petroleum distillates, lubricants, chemical addi-
tives.
Oil and Grease, pH, TSS.
i Storm water group applications, parts 1 and 2.
"EPA. Development Document on Paving and Roofing Materials (EPA 440/1-74/049).
(1) Manufacturers of Asphalt Paving
Mixtures and Blocks (SIC 2951).
Manufacturers classified in SIC 2951
store purchased asphalt in above ground
tanks. They stockpile a variety of raw
materials such as sand, gravel, crushed
limestone, and recycled asphalt
products (RAP). These facilities produce
asphalt concrete, and may also mold
and cure asphalt concrete products such
as asphalt blocks. There are two types
of facilities associated with these
activities, batch plants and drum plants.
Batch plants receive aggregate (sand,
stone, limestone, gravel, etc.) in bulk by
rail or:truck. The aggregate is usually
stockpiled outside. It is then transported
by a conveyor or front-end loader to a
rotary drier. When dried and heated the
aggregate is transported to a screening
unit which separates the aggregate into
various sizes and deposits the graded
aggregate into hot storage bins.
Aggregate and mineral filler are then
weighed and transported to a mixing
unit or pug mill where they are mixed
with heated asphalt cement to produce
asphalt concrete. The resulting asphalt
concrete is either stored in a heated silo
or loaded directly onto trucks for
transport to the job site.
At drum (cold feed) plants a measured
amount of aggregate is placed in the ;
drum where it is dried and heated. ,
Heated asphalt cement is added to the''
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same drum and mixed with the
aggregate to produce asphalt concrete.
The hot asphalt concrete produced by
this process then goes to a surge bin or
silo for storage until it is loaded onto
trucks for delivery.
Hot-mix asphalt plants are often
portable. There are three types of
portable plants: portable, permanent,
and semipermanent. Portable plants
move from site to site, and the
significant materials and equipment are
removed upon completion of the job or
project. Portable plants remain at a site
anywhere from several days to several
months. Permanent portable plants
remain at a site on a permanent basis.
Like portable plants, semipermanent
plants move from site to site. They
differ, however, in that they return to
locations on a recurring basis.
Significant materials such as aggregate
piles remain at the site while the plant
is operating elsewhere. For the purposes
of this section, semipermanent plants
will be referred to as permanent plants,
given that the effect on runoff from
significant materials will essentially be
the same at both sites. 'Asphalt
facilities' includes both permanent and
portable plants unless specified
otherwise.
Facilities which manufacture asphalt
concrete block feed the asphalt/
aggregate mixture into a block molding
machine where the mix is rammed,
pressed or vibrated into its final form.
The product is then stacked and
allowed to cure.
(2) Manufacturers of Roofing
Materials (SIC 2952). Manufacturers
classified in standard industrial code
2952 typically produce bitumen-based
roofing products such as asphalt
shingles, built-up roofing (BUR),
modified bitumen sheet material,
asphalt saturated felts and bitumen-
based root coatings, mastics and
cements.
The typical manufacturing of bitumen
based roofing products, such as
shingles, BUR, modified bitumen sheet
materials and asphalt saturated felt is a
continuous stationary process
performed on a roofing machine that
begins with a roll of base material such
as fiberglass mat, polyester or organic
felt, coated or saturated with an asphalt
or blend, surfaced with mineral
granules, and concludes with a finished
product. The sequence of indoor
operations builds the product up in
stages, adding different raw materials
along the way and monitoring their
application.
Bitumen-based coatings, mastics and
cements are produced inside in a
stationary process mixing raw materials
received in bulk and containers and
blended into finished batches of
product. "Batch processing" is the
common production method relying on
the same piece of equipment in
manufacturing a variety of products.
The products are packaged in containers
or stored for bulk shipment.
(3) Manufacturers of Lubricating Oils
and Greases (SIC 2992). Facilities
primarily engaged in blending,
compounding, and re-refining
lubricating oils and greases from
purchased mineral, animal, and
vegetable materials are identified as SIC
code 2992. SIC code 2992 includes
manufacturers of metalworking fluids,
cutting oils, gear oils, hydraulic brake
fluid, transmission fluid, and other
automotive and industrial oil and
greases.
Raw materials for SIC code 2992
facilities are typically petroleum or
synthetic-based stocks and various
additives. The majority of lubricating
manufacturers store base stocks and
chemical additives in tank farms or 55-
gallon drums. SIC code 2992 facilities
do not manufacture these raw materials,
but rather blend and compound them to
produce the product. Raw materials are
proportioned according to the type of
lubricant being produced.
"Batch processing" is the common
production method relying on the same
piece of equipment in manufacturing a
variety of products. For example, in one
"batch" a facility may combine the
petroleum base stock with additive X in
a 10,000 gallon blending tank to
produce product "A." Using the same
blending tank, the next "batch" is a
mixture of the base stock and additive
Y to produce product "B." Batch
processing allows facilities tp
manufacture a variety of products. Some
facilities, however, tend to specialize in
producing a particular type of lubricant
(e.g., solid, synthetic, or water-based),
often to meet the demands of a specific
industry.
Finished products are packaged in
containers or stored for bulk shipment..
Almost all facilities have shipping and
receiving areas and are involved with
marketing and interstate distribution of
their products. Most facilities have
immediate access roads or rail lines at
their facility sites.
2. Pollutants in Storm Water Discharges
Associated With Asphalt Facilities and
Lubricant Manufacturers.
Impacts caused by storm water
discharges from asphalt facilities and
lubricant manufacturers will vary.
Several factors influence to what extent
significant materials from these types of.
facilities and processing operations may
affect water quality. Such factors
include: geographic location;
hydrogeology; the type of industrial
activity occurring outside (e.g., material
storage, loading and unloading); the
type of material stored outside (e.g.,
asphalt, aggregate, limestone, oil, etc.);
the size of the operation; and type,
duration, and intensity of precipitation
events. These and other factors will
interact to influence the quantity and
quality of storm water runoff. For
example, air emissions (i.e., settled
dust) may be a significant source of
pollutants at some facilities, while
materials storage is a primary source at
others. In addition, sources of pollutants
other than storm water, such as illicit
connections,38 spills, and other
improperly dumped materials, may
increase the pollutant loadings
discharged into waters of the United
States.
Based on group application
information and data, EPA has
identified the storm water pollutants
and sources resulting from asphalt
facilities and lubricant manufacturers in
Tables D-2 and D-3.
Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the asphalt paving
and roofing materials manufacturers and
lubricating oils and greases
manufacturers industry into 2
subsectors to properly analyze sampling
data and determine monitoring
requirements. As a result, this sector has
been divided into the following
subsectors: asphalt paving and roofing
materials and lubricating oils and
greases manufacturers. The tables below
include data for the eight pollutants that
all facilities were required to monitor
under Form 2F.
38 Illicit connections are contributions of
unpermitted non-storm water discharges to storm
sewers from any of a number of sources including
sanitary sewers, industrial facilities, commercial
establishments, or residential dwellings. The
probability of illicit connections at mineral mining
and processing facilities is low yet it still may be
applicable at some operations.
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50863
TABLE D-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY ASPHALT PAVING AND ROOFING MATERIALS
MANUFACTURING FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
Poautant
Sample tyfxs
BOD* ~.™._~~
COO .... r.u. ... .1-111. ...
M!ra!o + NlUllo N;-
tfCOon ,, ,,i.,.,.,
Total rQsidahl Nitro-
Qftfl ,!,„,,,,,,,,,,,
Oi&Q(«ca« _...„
pH „„„„„„„„„„„„„
Total Phosphorus _
ToW Suspended
SoBsJ* ,,.,,,,...,M.i..
No. of facilities
Grab
25
26
26
25
27
27
25
25
Comp"
22
22
22
22
N/A
N/A
22
22
No. of samples
Grab
45
46
46
45
47
47
45
45
Comp
41
40
41
39
N/A
N/A
41
41
Mean ,
Grab
52.5
232.4
1.02
2.24
5.5
N/A,
0.49
669
Comp
13.9
207.8
0.84
1.74
N/A
N/A
0.51
509.6
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
2.4
0.00
0
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0.0
Maximum
Grab
1220.0
2740.0
19.0
19.00
78.0
9.6
3.90
8050
Comp
161.0
1880.0
12.0
18.0
N/A
N/A
4.30
3320
Median
Grab
8.0
83.5
0.44
1.10
1.3
7.2
0.14
286
Comp
5.0
70.5
0.41
0.88
N/A
N/A
0.19
145
95th Percentile
Grab
101.2
800.5
3.43
6.75
21.8
10.1
2.06
3570
Comp
42.8
903.4
2.15
4.79
N/A
N/A
1.56
3421
99th Percentile
Grab
256.1
1897.7
8.17
13.22
49.9
11.8
5.22
12103
Comp
89.3
2343.1
4.08
9.19
N/A
N/A
3.38
13860
i that da not report the units of measurement for the reported values of pollutants were not Included in these statistics. Values reported as non-detect or below detection limit were
s&sunwo to DO o.
"Comoorte sampSe*.
TABLE D-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY (LUBRICANT OILS AND GREASES MANUFACTURERS)
SUBMITTING PART II SAMPLING DATA! (mg/L)
Pollutant
Sample typo
BODj „...„._. _.
COO .„»..„.._„
Nitrato + Nitrite Nitrogen
Total Kjoldahl Nitrogen
OK & Qrcaso
pH ~™«.™™™ _. ...
Total Photphorua
Total Sutponded Solid* ........
No. of facilities
Grab
13
15
13
15
16
14
15
15
Comp"
8
10
8
9
10
10
No. of samples
Grab
15
17
15
17
18
16
17
17
Comp
10
12
10
11
N/A
N/A
12
12
Mean
Grab
10.7
108.7
0.64-
1.76
7.8
N/A
0.41
271
Comp
6.70
57.66
0.77
1.24
N/A
N/A
0.28
206
Minimum
Grab
0.0
10.0
0.00
0.00
0.0
5.7
0.00
0
Comp
0.0
10.0
0.0
0.19
N/A
N/A
0.01
2
Maximum
Grab
47.0
905.0
2.63
7.98
55.0
7.9
3.66
3870
Comp
22.0
142.6
2.43
3.0
N/A
N/A
1.28
2130
Median
Grab
4.0
42.0
0.21
1.10
2.0
7.1
0.11
20
Comp
4.0
55.1
0.30
1.10
N/A
N/A
0.14
28
95th Percentile
Grab
36.5
303.0
5.01
5.17
32.7
8.0
1.30
698
Comp
22.52
175.5
2.88
3.86
N/A
N/A
1.23
592
99th Percentile
Grab
75.2
622.2
172
9.43
82.2
8.6
3.03
2912
Comp
40.87
314.1
5.83
6.86
N/A
N/A
3.18
2283
1 Apoteat!on» that did not report Bia unto of measurement for the reported values of pollutants were not included In these statistics. Values reported as non-detect or below detection limit were
• Compos;: o u'mplm.
3. Options for Controlling Pollutants
In evaluating options for controlling
pollutants in storm water discharges,
EPA must achieve compliance with the
technology-based standards of the Clean
Water Act [Best Available Technology
(BAT} and Best Conventional
Technology (BCT)]. This section
establishes requirements for the
development and implementation of a
site-specific storm water pollution
prevention plan consisting of a set of
BMPs that are sufficiently flexible to
address different sources of pollutants at
different sites.
Two types of BMPs which may be
implemented to prevent, reduce or
eliminate pollutants in storm water
discharges are those which minimize
exposure (e.g., covering, curbing, or
diking) and treatment type BMPs which
aro used to reduce or remove pollutants
in storm water discharges (e.g., oil/water
separators, sediment basins, or
detention ponds). EPA believes
exposure minimization is an effective
practice for reducing pollutants in storm
water discharges from asphalt facilities
and lubricant manufacturers. Exposure
minimization practices lessen the
potential for storm water to come in
contact with pollutants. These methods
are often uncomplicated and
inexpensive. They can be easy to
implement and require little or no
maintenance. EPA also believes that in
some instances more resource intensive
treatment type BMPs are appropriate to
reduce pollutant levels such as
suspended solids and oil/grease in
storm water discharges associated with
asphalt facilities or lubricant
manufacturers. Though these BMPs are
somewhat more resource intensive, they
can be effective in reducing pollutant
loads and may be necessary depending
on the type of discharge, types and
concentrations of contaminants, and
volume of flow.
Table D-4 lists some BMPs which
may be effective in limiting the amount
of pollutants in storm water discharges
from asphalt facilities and lubricant
manufacturers. Based on part 1
information, several of the BMPs
suggested are already in place at many
of the facilities. Part 1 submittals
indicate that diking, curbing, or other
types of diversion occur at
approximately 57 percent of the
facilities. Some form of covering is used
as a BMP at 25 percent of the facilities,
and detention ponds are in place at 19
percent of the facilities. In addition, 38
percent of the facilities submitting part
1 information reported they had a Spill
Prevention Control and Countermeasure
Plan in place. '
TABLE D-4.—MEASURES TO CONTROL POLLUTANTS IN STORM WATER DISCHARGES FROM ASPHALT FACILITIES AND
LUBRICANT MANUFACTURERS
Activity
Suggested BMPs
Material Storage, Handling, and Processing
Cover material storage and handling areas with an awning, tarp or roof.
Practice good stockpiling practices such as: storing materials on concrete or asphalt pads; sur-
rounding stockpiles with diversion dikes or curbs; and revegetating areas used for .stock-
piling in order to slow runoff.
Use curbing, diking or channelization around material storage, handling and processing areas
to divert runon around areas where it can come into contact with material stored or spilled
on the ground.
Utilize secondary containment measures such as dikes or berms around asphalt storage tanks
and fuel oil tanks. •••';•,..•-•
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TABLE D-4.—MEASURES TO CONTROL POLLUTANTS IN STORM WATER DISCHARGES FROM ASPHALT FACILITIES AND
LUBRICANT MANUFACTURERS—Continued
Activity
Suggested BMPs
Use dust collection systems (i.e., baghouses) to collect airborne particles generated as a re-
sult of material handling operations or aggregate drying.
Properly dispose of waste materials from dust collection systems and other operations.
Remove spilled material and dust from paved portions of the facility by shoveling and sweep-
ing on a regular basis.
Utilize catch basins to collect potentially contaminated storm water.
Implement spill plans to prevent contact of runoff with spills of significant materials.
Clean material handling equipment and vehicles to remove accumulated dust and residue.
Use a detention pond or sedimentation basin to reduce suspended solids.
Use an oil/water separator to reduce the discharge of oil/grease. ^^^
4. Storm Water Pollution Prevention
Plan Requirements
EPA believes that pollution
prevention is the most effective
approach for controlling contaminated
storm water discharges from asphalt
facilities and lubricant manufacturers.
Pollution prevention plans allow the
operator of a facility to select BMPs
based on site-specific considerations
such as: facility size, climate,
geographic location, hydrogeology, the
environmental setting of each facility,
and volume and type of discharge
generated. This flexibility is necessary
because each facility will be unique in
that the source, type and volume of
contaminated surface water discharges
will differ from site to site.
All facilities subject to this section
must prepare and implement a storm
water pollution prevention plan. The
establishment of a pollution prevention
plan requirement reflects EPA's
decision to allow operators of asphalt
facilities and lubricant manufacturers to
utilize BMPs as the BAT/BCT level of
control for the storm water discharges
covered by this section. The
requirements included in pollution
prevention plans provide a flexible
framework for the development and
implementation of site specific controls
to minimize pollutants in storm water
discharges. This is consistent with the
approach in EPA's storm water baseline
general permits finalized on September
9,1992 (57 FR 41236).
There are two major objectives to a
pollution prevention plan: (1) To
identify sources of pollution potentially
affecting the quality of storm water
discharges associated with industrial
activity from a facility; and (2) to
describe and ensure implementation of
practices to minimize and control
pollutants in storm water discharges
associated with industrial activity from
a facility. Specific requirements for a
pollution prevention plan for asphalt
facilities and lubricant manufacturers
are described below. These
requirements must be implemented in
addition to the baseline pollution
prevention plan provisions discussed
previously.
a. Description of Potential Pollution
Sources. There are no additional
requirements beyond those described in
Part VI.C.2. of this fact sheet.
b. Measures and Controls. There are
no additional requirements beyond
those described in Part VI.C.3. of this
fact sheet.
c. Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluations that qualified personnel will
conduct to: (1) Confirm the accuracy of
the description of potential pollution
sources contained in the plan; (2),
determine the effectiveness of the plan,
and (3) assess compliance with the
terms and conditions of today's permit.
Comprehensive site compliance
evaluations shall be conducted at least
once a year for asphalt facilities and
lubricant manufacturers. The individual
or individuals who will conduct the
evaluations must be identified in the
plan and should be members of the
pollution prevention team. Inspection
reports must be retained for at least 3
years after the date of the evaluation.
Comprehensive site compliance
evaluations shall be conducted at least
once a year at portable plant locations.
Such evaluations shall be conducted at
least once at portable plant locations
that are not in operation a full year.
Based on the results of each
evaluation, the description of potential
pollution sources, and measures and
controls, the plan must be revised as
appropriate within 2 weeks after each
evaluation. Changes in the measures
and controls must be implemented on
the site in a timely manner, but no later
than 12 weeks after completion of the
evaluation.
For portable plants, the plan must be
revised as appropriate as soon as
possible, but no later than 2 weeks after
each evaluation. Two weeks is adequate
time for portable plants to modify their
plans due to the simpler and smaller
nature of these operations in
comparison to permanent facilities.
5. Numeric Effluent Limitations
In addition to the numeric effluent
limitations established under Part V.B,
part XI.D.4 of today's permit includes
numeric effluent limitations for storm
water discharges resulting from the
production of asphalt paving and
roofing emulsions. Discharges from
areas where production of asphalt
paving and roofing emulsions occurs
may not exceed a TSS concentration of
23.0 mg/L of runoff for any one day, nor
shall the average of daily values for 30
consecutive days exceed a TSS
concentration of 15.0 mg/L of runoff. Oil
and grease concentrations in storm
water discharges from these areas may
not exceed 15.0 mg/L of runoff for any
1 day, nor should tie average daily
values for 30 consecutive days exceed
an oil and grease concentration of 10.0
mg/L of runoff. The pH of these
discharges must be within the range of
6.0 to 9.0. Facilities with such
discharges must be in compliance with
these effluent limitations upon
commencement of coverage and for the
entire term of the permit. These effluent
limitations are in accordance with 40
CFR 443.12 and 40 CFR 443.13, Effluent
Guidelines and Standards, Paving and
Roofing Materials Point Source
Category, Asphalt Emulsion
Subcategory. These limitations
represent the degree of effluent
reduction attainable by the application
of best practicable control technology
and best available technology.
6. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. Under the revised
methodology for determining pollutants
of concern for the various industrial
sectors, only asphalt paving and roofing
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50865
materials manufacturers are required to
perform analytical monitoring of storm
water discharges. As discussed
previously, the median composite
sample concentration for TSS of 145
mg/L is higher than the benchmark
value for TSS of 100 mg/L for the
asphalt paving and roofing materials
subsector, thus triggering monitoring for
TSS. The monitoring requirements are
presented in Table D-5 for asphalt
paving and roofing materials
manufacturers.
At a minimum, storm water
discharges from asphalt paving and
roofing materials manufacturers must be
monitored quarterly during the second
year of permit coverage. Samples must
oo collected at least once in each of the
following periods: January through
March; April through June; July through
September; and October through
December. At the end of the second year
of permit coverage, a facility must
calculate the average concentration for
each parameter listed in Table D-5. If
the permittee collects more than four
samples in this period, then they must
calculate an average concentration for
each pollutant of concern for all
samples analyzed.
TABLE D-5.—ASPHALT PAVING AND
ROOFING MATERIALS MANUFACTUR-
ERS MONITORING REQUIREMENTS
Pollutants of concern
Total Suspended Solids
Cut-off con-
centration
1 00 mg/L
If the average concentration for a
parameter is less than or equal to the
cut-off concentration, then the permittee
TABLE D-6.—SCHEDULE OF MONITORING
is not required to conduct quantitative
analysis for that parameter during the
fourth year of the permit. If, however,
the average concentration for a
, parameter is greater than the cut-off
concentration, then the permittee is
required to conduct quarterly
monitoring for that parameter during the
fourth year of permit coverage.
Monitoring is not required during the
first, third, and fifth year of the permit.
The exclusion from monitoring in the
fourth year of the permit is conditional
on the facility maintaining industrial
operations and BMPs that will ensure a
quality of storm water discharges
consistent with the average
concentrations recorded during the
second year of the permit. The schedule
for monitoring is presented in Table D-
6.
2nd Year of Permit Coverage
4th Year of Permit Coverage
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table B-7, then quarterly sam-
pling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table B-7, then no fur-
ther sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Table B-7.
If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will be used to
reassess the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
(1) Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events dining the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with'the non-
storm water discharge.
(2) 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 .
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of tie outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent, hi 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.
(3) Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
certification described below is
necessary to ensure that monitoring
requirements are only imposed on those
facilities that do, in fact, have storm
water discharges containing pollutants,
at concentrations of concern. EPA has c-i
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50866
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
determined that if materials and '
activities are not exposed to storm water
at the site, then the potential for
pollutants to contaminate storm water
discharges does not warrant monitoring.
• Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring described under paragraph
b. below, 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, and 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 lieu of
monitoring reports required under
paragraph b. (below). If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent guidelines. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
b. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one Discharge
Monitoring Report Form must be
submitted per storm event sampled. For
facilities conducting monitoring beyond
the minimum requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
The permittee must include a
measurement or estimate of the total
precipitation, volume of runoff, and
peak flow rate of runoff for each storm
event sampled.
EPA also believes that between
quarterly visual examinations and site
compliance evaluations potential
sources of contaminants can be
recognized, addressed, and then
controlled with BMPs. In determining
the monitoring requirements, EPA
considered the nature of the industrial
activities and significant materials
exposed at these sites, and performed a
review of data provided in Part 2 group
applications. .
c. Quarterly Visual Examination.
Quarterly visual examinations of a
storm water discharge from each outfall
are required at asphalt facilities and
lubricant manufacturers. The • • '•
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, turbidity, floating solids,
foam, oil sheen, or other obvious
indicators of storm water pollution. The
examination must be conducted in a
well lit area. No analytical tests are
required to be performed on these
samples.
The examination must be made at
least once in each designated period
during daylight hours unless there is
insufficient rainfall or snow-melt to
runoff. Where practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Examinations
shall be conducted in'each of the
following periods for the purposes of
inspecting storm water quality
associated with storm water runoff and
snow melt: January through March;
April through June; July through
September; October through December.
Grab samples shall be collected within
the first 30 minutes (or as soon
thereafter as practical, but not to exceed
60 minutes) of when the runoff begins
discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual inspection will
also allow for timely adjustments to be
made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is
intended to be performed by members of
the pollution prevention team. This •
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination. Adverse weather
conditions which may prohibit the
collection of samples include 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.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
d. Compliance Monitoring
Requirements. Today's permit requires
permittees with storm water discharges
associated with the production of
asphalt paving or roofing emulsions to
monitor for the presence of total
suspended solids, oil and grease, and for
pH at least annually. These monitoring
requirements are necessary to evaluate
compliance with the numeric effluent
limitation imposed on these discharges.
Monitoring shall be performed upon a
minimum of one grab sample. All
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 30 minutes of the
discharge. If the collection of a grab
sample during the first 30 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 30 minutes was impracticable.
Monitoring results shall be submitted on
Discharge Monitoring Report Form(s)
postmarked no later than the last day of
the month following collection of the
sample. For each outfall, one Discharge
Monitoring Report form must be
submitted per storm event sampled.
Facilities which discharge through a
large or medium municipal separate
storm sewer system (systems serving a
population of 100,000 or more) must
also submit signed copies of discharge
monitoring reports to the operator of the
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50867
municipal separate storm sewer system.
Alternative Certification provisions
described in Section XI.D.5 do not apply
to facilities subject to compliance
monitoring requirements in this section.
Compliance monitoring is required at
least annually for discharges subject to
effluent limitations. Therefore, EPA
cannot permit a facility to waive
compliance monitoring.
Asphalt emulsion manufacturing
facilities are not required to collect and
analyze separate samples for the
presence of TSS to satisfy the
Compliance Monitoring requirements of
Section XJ.D.S.d. during a year in which
the facilities have collected and
analyzed samples for TSS in accordance
with the Analytical Monitoring
requirements of Section XI.D.5,a. The
results of all TSS Analytical Monitoring
analyses may also be reported as
Compliance Monitoring results in
accordance with Section XI.D.5.d.(3)
where the monitoring methodologies are
consistent.
E. Storm Water Discharges Associated
With Industrial Activity From Glass,
Clay, Cement, Concrete, and Gypsum
Product Manufacturing Facilities
1. Discharges Covered Under This
Section
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharges
associated with industrial activity."
This definition included point source
discharges of storm water from eleven
categories of facilities. Category (ii)
identifies facilities classified as
Standard Industrial Classification (SIC)
code 32 as having storm water
discharges associated with an industrial
activity.
The following section describes the
industrial activities and permit
conditions for storm water discharges
associated with industrial activity
classified under Major SIC Group 32.
The discussion focuses on the industries
covered by today's permit. There are
industries in Major SIC Group 32
beyond those discussed below;
however, representatives of these
industries did not choose to participate
in the group application process on
which this section is based. Therefore,
they are not eligible for coverage under
this permit.
This section only covers storm water
discharges associated with industrial
activities from facilities engaged in
gypsum, cement, clay, glass, and
concrete products manufacturing.39
Facilities subject to the requirements of
this section include the following types
of manufacturing operations: flat glass,
(SIC code 3211); glass containers, (SIC
code 3221); pressed and blown glass,
not elsewhere classified, (SIC code
3229); hydraulic cement, (SIC code
3241); brick and structural clay tile, (SIC
code 3251); ceramic wall and floor tile,
(SIC code 3253); clay refractories, (SIC
code 3255); structural clay products not
elsewhere classified (SIC code 3259);
vitreous table and kitchen articles (SIC
code 3262); fine earthenware table and
kitchen articles (SIC code 3263);
porcelain electrical supplies, (SIC code
3264); pottery products, (SIC code
3269); concrete block and brick, (SIC
code 3271); concrete products, except
block and brick (SIC code 3272); ready-
mix concrete, (SIC code 3273); gypsum
products, (SIC code 3275); minerals and
earths, ground or otherwise treated, (SIC
code 3295); and nonclay refractories,
(SIC code 3297).
Wash waters from vehicle and
equipment cleaning areas are process *
wastewaters. This section does not
cover any storm water that combines
with process wastewater, unless the
process wastewater is in compliance
with 'another NPDES permit. This
section does not cover any discharge
subject to an existing or expired NPDES
general permit. The section may cover
runoff which derives from the storage of
materials used in or derived from the
cement manufacturing process * unless
storm water discharges are already
subject to an existing or expired NPDES
permit.
Discharges from several industrial
activities in Major SIC Group 32 are not
covered by this section. These activities
are: lime manufacturing (SIC 3274); cut
stone and stone products (SIC 3281);
abrasive products (SIC 3291); asbestos
products (SIC 3292); and mineral wool
and mineral wool insulation products
(SIC 3297).
These types of facilities are not
covered by this (or any other) section of
today's permit, because these types of
industrial activities were not
represented in the group application
process nor are they believed to be
sufficiently similar to industrial
activities that were included in the
group application process. Because
TlMta nolo that storm water discharges
associated with Industrial activity from facilities
Identified u SIC coda 323 (glass products made of
purchased glass) only occur where material
handling equipment or activities, raw materials
intermediate products, final products, waste
materials, by-products or industrial machinery are
exposed to storm water. SIC code 323 facilities are
only required to submit storm water permit
applications when activities or materials are
exposed to storm water.
•"These discharges are subject to effluent
limitation guidelines under 40 CFR 412.11.
these facilities were not included in the
group application process there is no
additional information with which to
develop industry-specific permit
language.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that, meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
a. Industry Profile. Part XI.E. of
today's permit has been developed for
storm water discharges from glass, clay,
cement, concrete, and gypsum products
manufacturers. As stated above, these
facilities are regulated under category
(ii) of the definition of storm water
discharges associated with industrial
activity. Part XI.E. of today's permit
addresses the industry-specific permit
requirements for storm water discharges
from these industries.
There are a variety of industrial
processes that occur at manufacturing
facilities covered under this section.
The following descriptions summarize
basic operations occurring at each type
of industry.
(1) Glass Product Manufacturing.
Facilities primarily engaged in the
manufacturing of glass and glassware, or
manufacturing glass products from
purchased glass are classified under
standard industrial groups 321-323.
Facilities covered by these SIC codes
share several similar steps in the ,
manufacturing process. Such processes
include the storage of raw materials,
weighing the materials, charging,
melting and forming. Although the
forming processes vary greatly, the steps
with a potential exposure to storm water
are somewhat homogeneous.
The first step in the glass
manufacturing process is batch
preparation. This involves the selection
and storage of the raw materials that
will be used in 'the process. Such
materials may include silica sand,
limestones, feldspars, borates, soda ash,
boric acid, potash and barium
carbonate. Once the desired
characteristics of the final product are
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 1 Notices
assessed, the composition of the batch is
determined and the raw materials are
mixed together. The batch is then
conveyed to the furnaces.
Furnaces are used to melt the batch to
produce glass. Most of the furnaces in
the glass manufacturing industry are
fueled by natural gas or oil. The batch
is placed in the furnace and allowed to
melt. Once the glass has been melted
and conditioned it is channeled to a
forming machine.
Forming operations consist of up to
four major steps, the first of which
involves a further conditioning process
to prepare the glass for primary forming.
Primary forming, which may include
drawing, blowing, pressing, or casting,
is the second step in the forming
operation. This operation is usually
followed by an annealing step.
'Annealing is the process of subjecting
the glass to heat and slow cooling in
order to toughen the product. The final
process in the forming operation may
include one or more secondary
operations. Operations such as grinding
and polishing, laminating, sealing and
coating of glass are common secondary
operations. Materials used for secondary
operations vary, examples are the resins
used to laminate glass to produce safety
glass products, such as car windows.
(2) Cement Manufacturing. Facilities
primarily engaged in manufacturing
hydraulic cement (e.g., portland,
natural, masonry, and pozzolana
cements) are identified as SIC code
3241. The manufacturing process is
generally the same for all facilities
classified as SIC 3241. The three basic
steps in cement manufacturing are: (1)
Proportioning, grinding, and blending
raw materials; (2) heating raw materials
to produce a hard, stony substance
known as "clinker"; and (3) combining
the clinker with other materials and
grinding the mixture into a fine
powdery form.
The first step in cement
manufacturing is proportioning,
grinding and blending raw materials.
The primary raw material is lime. Lime
is typically obtained from limestone,
cement rock, oyster shell marl, and
chalk. Other ingredients in cement
manufacturing may include silica,
alumina, and iron. The blending and
grinding of these raw materials is
achieved through either "wet"
processing or "dry" processing. Wet
processing operations use water when
grinding and blending raw materials,
and dry processing operations grind and
blend raw materials in a dried state.
Until they are fed into kilns for clinker
production, materials ground from wet
processing are stored in slurry tanks,
while dry processing materials are
stored in silos.
Kilns typically are coal, gas, or oil
fired. In the kiln raw materials are
commonly heated to a temperature of
1600 degrees Celsius (2900 degrees
Fahrenheit). At these extreme
temperatures, clinker is formed as raw
materials begin to fuse and harden. Air
is then used to cool clinker emerging
from the kiln.
The final stage of the process involves
adding small amounts of gypsum or
stone (used to control setting times) to
the clinker and grinding the mixture
into a fine powdery form. The powdery
product is then cooled before storage,
bagging, and shipping.
There are facilities classified as SIC
3241 which only perform the final
grinding step in the cement
manufacturing process. These facilities
do not have kilns to heat raw materials,
and so obtain clinker from
manufacturing plants.
(3)ClayProduc
met Manufacturing.
Facilities primarily engaged in
manufacturing clay products, including
brick, tile (clay or ceramic), or pottery
products are classified as standard
industrial groups 325 and 326. Although
clay product manufacturing facilities
produce a wide variety of final
products, there are several similar
processing steps shared by most
facilities in this industry: (1) Storage
and preparation of raw materials; (2)
forming; (3) drying; (4) firing; and (5)
cooling.
Manufacturers classified as standard
industrial groups 325 and 326 typically
use clay (common, silt, kaolin and/or
phyllite) and shale (mud, red, blue and/
or common) as their primary raw
materials. However, some industries
supplement these materials with slag
(cinders), cement and lime. Raw
materials are generally stored outside.
Raw materials are crushed and ground
prior to manufacturing. Stones are
removed, and particles of raw materials
are screened to ensure they are the
correct size. Water is then added to raw
materials in mixing chambers and
"mud" is formed. The mud is molded
into the desired product during the
forming stage. Depending on the final
product, one of several different
methods will be used when forming
mud into the desired shape. The most
common methods use pressure or
hydraulic machines to shape products.
Following the forming process,
products are left to dry. Drying is
necessary to reduce the moisture
content prior to firing. A common
method for reducing moisture content is
air drying clay products in a controlled
environment (e.g., a drying chamber).
When the drying process is complete,
the clay is ready for firing in kilns.
There are two basic types of kilns: the
periodic kiln and the tunnel kiln. With
a periodic kiln, products are fired for a
specified period of time and then
promptly removed. With a tunnel kiln,
products pass through the kiln on
conveyor belts, and by the time the clay
reaches the end of the kiln, the firing
process is complete. The primary source
of energy for most firing kilns is natural
gas. Natural gas is typically
supplemented with coal, sawdust, or
oil. Fired products may then be glazed
with salt or other materials for special
applications.
(4) Concrete Products. Facilities
primarily engaged in manufacturing
concrete products, including ready-
mixed concrete, are identified as SIC
group 327. Although concrete product
facilities in SIC group 327 produce a
variety of final products, they all have
common raw materials and activities.
Concrete products manufacturers
combine cement, aggregate, and water to
form concrete. Aggregate generally
consists of: sand, gravel, crushed stone,
cinder, shale, slag, clay, slate, pumice,
vermiculite, scoria, perlite, diatomite,
barite, limonite, magnetite, or ilmenite.
Admixtures including fly ash, calcium
chloride, triethanolamine, calcium salt,
lignosulfunic acid, vinosol, saponin,
keratin, sulfonated hydrocarbon, fatty
acid glyceride, vinyl acetate, and
styrene copolymer of vinyl acetate may
be added to obtain desired
characteristics, such as slower or more
rapid curing times.
Typically, aggregate is received in
bulk quantities by rail, truck, or barge.
It is stored outside, and kept moist, until
it is conveyed to distribution bins. The
first stage in the manufacturing process
is proportioning cement, aggregate,
admixtures and water, and then
transporting the product to a rotary
drum, or pan mixer.
To form concrete block and brick, the
mixture is then fed into an automatic
block molding machine that rams,
presses, or vibrates the mixture into its
final form. The final product is then
stacked on iron framework cars where it
cures for 4 hours. Decorative blocks may
be produced by adding colors to the
mix, or splitting the surface into desired
shapes.
Precast concrete products, may
contain steel structural members for
increased strength. These products
include transformer pads, meter boxes,
pilings, utility vaults, steps, cattle
guards, and balconies. After being
mixed in a central mixer, concrete is
poured into forms or molded in the
same manner as concrete block and
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FederalRegister / Vol. 60, No. 189 /Friday. September 29, 1995 / Notices
50869
brick. Forms are often coated with a
release oil to aid stripping. The concrete
"sots" or cures in the forms for a
number of hours (depending upon the
typo of admixtures used). When the
concrete has cured, the forms are
removed. Forms are washed for reuse,
and the concrete products are stored
until they can be shipped.
In addition to the permanent concrete
product facilities, there are a number of
portable ready mix concrete operations
which operate on a temporary basis. The
portable plants are typically dedicated
to providing ready mix concrete to one
construction project. Portable plants
have the same significant materials and
industrial activities as permanent
facilities. Therefore, portable concrete
plants are eligible for coverage under
Part XI.E. of today's permit.
(5) Gypsum Products Manufacturing.
Facilities primarily engaged in
manufacturing plaster, wallboard, and
other products composed wholly or
partially of gypsum (except plaster of
pads and papier-mache) are classified as
SIC code 3275.
The gypsum product manufacturing
proccssbegins with calcining the
gypsum: finely ground raw gypsum
(referred to as "land plaster") is fed into
imp mills or calcining kettles where
extreme heat removes 75 percent of the
gypsum's molecular moisture. The
result is a dry powder called stucco,
which is cooled and conveyed to storage
bins.
To produce wallboard, stucco is fed
into pin mixers where it is blended with
water and other additives to produce a
slurry. The slurry is then applied to
continuous sheets of paper to form
wallboard. In addition to producing
wallboard, some facilities may combine
stucco with additives (excluding water)
to produce plaster. Plaster is then
bagged or bulked and shipped off site
for purchase.
EPA considers calcining the first step
in gypsum product manufacturing.
Many facilities with a primary SIC code
of 3275 may have mining/quarry and
crushing activities at their sites. Please
note, however, that because these
activities are not considered part of the
manufacturing operations, storm water
discharges from mining/quarry and
crushing are not covered under Part
XI.E. of the today's permit. Discharges
associated with gypsum mining
activities are addressed under Part XI.J.
of today's permit and Vin.J. of the fact
sheet.
2. Pollutants in Storm Water Discharges
Associated With Glass, Clay, Cement,
Concrete, and Gypsum Product
Manufacturing
Impacts caused by storm water
discharges from gypsum, concrete, clay,
glass,-and concrete manufacturing
operations will vary. Several factors
influence to what extent industrial
activities and significant materials from
these types of facilities and processing
operations can affect water quality.
Such factors include: geographic
location; hydrogeology; the type of
industrial activity occurring outside
(e.g., material storage, loading and
unloading, or vehicle maintenance); the
type Of material stored outside (e.g.,
aggregate, limestone, clay, concrete,
etc.); the size of the operation; and type,
duration, and intensity of precipitation
events. These and other factors will
interact to influence the quantity and
quality of storm water runoff. For
example, air emissions (i.e., settled
dust) may be a significant source of
pollutants at some facilities, while
material storage is a primary source at
others. In addition, sources of pollutants
other than storm water, such as illicit
connections,41 spills, and other
improperly dumped materials, may
increase the pollutant loadings
discharged into waters of the United
States.
Table E—1, Potential Sources of
Pollutants in Storm Water Discharges
Associated with Glass, Clay, Cement,
Concrete, and Gypsum Manufacturing,
summarizes the industrial activities
indicated in the part 1 group
applications for facilities covered under
this section of today's permit. Table E-
1 also lists the likely sources of
contamination of storm water that are
associated with this activity. The third
column of the table lists the pollutants
or the indicator parameters for the
pollutants which may be present in the
storm water discharges associated with
the industrial activity. The table is
limited to the industrial activities which
are commonly exposed to storm water.
Industrial activities which
predominantly occur indoors, such as
glass forming, are not listed in Table E-
1.
TABLE E-1.—POTENTIAL SOURCES OF POLLUTANTS IN STORM WATER DISCHARGES ASSOCIATED WITH GLASS, CLAY,
CEMENT, CONCRETE, AND GYPSUM MANUFACTURING
Activity
Pollutant source
Pollutants/indicators
Material Storage at Glass Manufac-
turing Facilities.
Materials Storage at Clay Products
Manufacturing Facilities.
Material Handing at Clay Products
Manufacturing Facilities Including:
Loading/Unloading.
Formlng/Drytng Clay Products
Material Storage at Cement Manu-
facturing Facilities.
Material Handling at Cement Manu-
facturing Facilities.
Crushing/Grinding at Cement Manu-
facturing Facilities.'
Material Storage at Concrete Prod-
uct Manufacturing Facilities.
Exposed or spilled: sand, soda ash, limestone, cullet, and petroleum
products.
Exposed: ceramic parts, pryophyllite ore, shale, ball clay, fire clay,
kaolin, tile, silica, graphite, coke; coal, brick, sawdust, waste oil,
and used solvents.
Exposed: ceramic parts, liquid chemicals, ammonia, waste oil, used
solvents, pryophyllite ore, shale, ball clay, fire clay, kaolin, tile, alu-
mina, silica, graphite, coke, coal, olivine, magnesite magnesium
carbonate, brick, sawdust, and wooden pallets.
Clay, shale, slag, cement, and lime
Exposed: kiln dust, limestone, shale, coal, clinker, gypsum, clay,
slag, and sand.
Exposed: kiln dust, limestone, shale, coal, clinker, gypsum, clay,
slag, anhydrite, and sand.
Settled dust and ground limestone, cement, oyster shell, chalk, and
clinker.
Exposed: aggregate (sand and gravel), concrete, shale, clay, lime-
stone, slate, slag, and pumice.
TSS, COD, oil and grease, pH,
lead.
TSS, pH, COD, oil and grease,
aluminum, lead, zinc.
TSS, pH, oil and grease, TKN,
COD, BOD, aluminum, lead,
zinc.
TSS, pH.
TSS, pH, COD, potassium, sul-
fate.
TSS, pH, COD, potassium, sul-
fate, oil and grease.
TSS, pH.
TSS, COD, pH.
41 Illicit connections are contributions of
unpcrmittcd non-storm water discharges to storm
scwofs from any of a number of sources including
sanitary sewers, industrial facilities, commercial
establishments, or residential dwellings.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE E-1 .—POTENTIAL SOURCES OF POLLUTANTS IN STORM WATER DISCHARGES ASSOCIATED WITH GLASS, CLAY,
CEMENT, CONCRETE, AND GYPSUM MANUFACTURING—Continued
Activity
Pollutant source
Pollutants/indicators
Material Handling at Concrete Prod-
uct Manufacturing Facilities.
Mixing Concrete
Casting/Forming Concrete Products
Vehicle and Equipment Washing at
Concrete Product Manufacturing
Facilities.
Crushing/Grinding of Gypsum Rock
Material Storage at Gypsum Manu-
facturing Facilities.
Material Handling at Gypsum Manu-
facturing Facilities (including bag-
ging and packaging).
Equipment/Vehicle Maintenance
Exposed: aggregate, concrete, shale, clay, slate, slag, pumice, and
limestone as well as spills or leaks of cement, fly ash, admixtures
and baghouse settled dust.
Spilled: aggregate, cement, and admixture
Concrete, aggregate, form release agents, reinforcing steel, latex
sealants, and bitumastic coatings.
Residual: aggregate, concrete, admixture, oil and grease
Exposed or spilled: gypsum rock and dust
Exposed: gypsum rock, synthetic gypsum, recycled gypsum and
wallboard, stucco, perlite ore/expanded perlite, and coal.
Exposed or spilled: gypsum rock, synthetic gypsum, recycled gyp-
sum and wallboard, stucco, perlite ore/expanded perlite, and coal.
Gasoline, diesel, fuel, and fuel oil
Parts cleaning ., .r
Waste disposal of solvents, oily rags, oil and gas filters, batteries,
coolants, and degreasers.
Fluid replacement including lubricating fluids, hydraulic fluid, oil,
transmission fluid, radiator fluids, solvents, and grease.
TSS, COD, pH, lead, iron, zinc.
TSS, pH, COD, lead, iron zinc.
TSS, pH, oil and grease, COD,
BOD.
TSS, pH, COD, oil and grease.
TSS, pH.
TSS, COD, pH.
TSS, pH, COD.
Oil and grease, BOD, COD.
COD, BOD, oil and grease, pH.
Oil and grease, lead, iron, zinc,
aluminum, COD, pH.
Oil and grease, arsenic, lead, cad-
mium, chromium, COD, and
benzene.
The activities common to the facilities
covered under Part XI.E. of today's
permit are material storage and material
handling operations. All facilities
covered under this section handle and
store nonmetallic minerals. These
minerals are typically loaded and
unloaded in areas of the site that are
exposed to storm water. The minerals
are often stored outdoors until they are
utilized in the industrial processes.
Handling and storing these minerals
outdoors may result in the discharge of
a portion of the materials in storm water
runoff. The presence of the nonmetallic
minerals in the storm water is measured
by the total suspended solids (TSS) test.
Many of the minerals processed by the
facilities are calcareous, such as
limestone or chalk. The presence of
these materials can elevate the pH of the
storm water discharged from the site.
Vehicle fueling, repair, maintenance
and cleaning occurs at many facilities
covered under this section. Facilities
will fuel, repair and maintain vehicles
used to transport significant materials
to, from or around the facility. Facilities
may also perform maintenance on
process or material handling equipment
such as mixers or conveyors. The
fueling, maintenance and repair
activities may result in leaks or spills of
oil from the vehicles and equipment.
The spilled material may be carried off
of the site in the storm water discharge.
Ready mix concrete facilities will
frequently wash out the mixers of the
trucks after concrete has been delivered
to a job site. The wash out water
contains unhardened concrete. Facilities
will often wash down the exterior of
their vehicles. The wash off water may
contain cement, sand, gravel, clay, or
other materials. The wash water from
the vehicles should be either treated and
discharged from the site through a
sanitary sewer or NPDES permitted
discharge or collected in a recycle pond
where the heavy solids settle out and
the water is recycled back to be used in
the plant. Pollutants from the wash
water may settle out on the site before
it is treated or recycled. These
pollutants may come into contact with
storm water and be discharged from the
site.
Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the glass, clay,
cement concrete and gypsum product
industry into subsectors to properly
analyze sampling data and determine
monitoring requirements. As a result,
this sector has been divided into the
following subsectors: manufacturers of
flat glass, glass and glassware, pressed
or blown glass products made of .
purchased glass; hydraulic cement
manufacturers; manufacturers of clay
products, pottery and related products
(including nonclay refractories); and
concrete, gypsum and plaster product
manufacturers (including ground
minerals and earth). Tables E-2, E-3, E-
4 and E-5 below include data for the
eight pollutants that all facilities were '
required to monitor for under Form 2F.
The tables also list those parameters that
EPA has determined merit further
monitoring.
TABLE E-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY FLAT GLASS, GLASS AND GLASSWARE, PRESSED
OR BLOWN GLASS PRODUCTS MADE OF PURCHASED GLASS MANUFACTURING FACILITIES SUBMITTING PART II SAM-
PLING DATA1 (MG/L)
Pollutant
Sample type
BOD;
COD
Nitrate + Nitrite Nitrogen
Total Kjeldahl Nitrogen
pH
Total Phosohorus
No. of facilities
Grab
9
9
9
9
9
9
9
Comp«
9
9
9
9
N/A
N/A
9
No. of samples
Grab
17
17
17
17
16
18
17
Comp
17
17
17
17
N/A
N/A
17
Mean
Grab
9.4
84.6
0.99
2.01
2.7
N/A
0.39
Comp
7.76
95.81
0.87
1.73
N/A
N/A
0.31
Minimum
Grab
0.0
14.0
0.00
0.67
0.0
4.6
0.10
Comp
0.0
7.0
0.0
0.0
N/A
.- N/A
0.0
Maximum
Grab
45.0
317.0
7.21
4.92
29.0
9.8
1.50
Comp
16.0
512.0
4.79
4.47
N/A
N/A
0.83
Median
Grab
5.0
56.0
0.56
1.50
0.0
7.9
0.33
Comp
7.0
51.0
0.55
1.80
N/A
N/A
0.23
95th percentile
Grab
27.8
245.3
2.76
4.42
15.4
10.5
0.91
Comp
17.56
307.6
3.01
4.44
N/A
N/A
0.71
99th percentile
Grab
49.5
440.7
5.23
6.58
49.5
11.8
1.43
Comp
25.01
605.3
620
6.82
N/A
N/A
1.06
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50871
TABLE E-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY FLAT GLASS, GLASS AND GLASSWARE, PRESSED
OR BLOWN GLASS PRODUCTS MADE OF PURCHASED GLASS MANUFACTURING FACILITIES SUBMITTING PART II SAM-
PLING DATA1 (MG/L)—Continued
Pollutant
Sampfctvpe
ToUl Suspended SoSda
No. o( facilities
Grab
9
Comp»
9
No. of samples
Grab
17
Comp
17
Mean
Grab
60
Comp
110.6
Minimum
Grab
6
Comp
0.0
Maximum
Grab
230
Comp
800
Median
Grab
40
Comp
19.0
95th percentile
Grab
215
Comp
450
99th percentile
Grab
453
Comp
1314
I Apo-eatlona that did not report tho units ol measurement for the reported values of pollutants were not Included In these statistics. Values reported as non-detect or below detection limit were
attuned to bo 0.
•CompMK* sample*.
TABLE E-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY HYDRAULIC CEMENT MANUFACTURING FACILITIES
SUBMITTING PART II SAMPLING DATA' (MG/L)
Pcfctant
Sample typo
OOOj ___
COO in-nm!
WaWJO-
QOfl .........
Total Met-
d&hlNJ-
lrogen«~
o»&
Gfo$se »_
pH .,...„......,
Tot*! Phos-
phorus™
Total Sus-
pended
ScSds™
No. of teenies
Grab
4
4
4
4
4
4
4
4
Comp"
4
4
4
4
N/A
N/A
4
4
No. of samples
Grab
7
7
7
7
7
6
7
7
Comp
7
7
7
7
N/A
N/A
7
7
Mean
Grab
7.8
277.3
0.78
1.85
1.5
N/A
1.00
2528
Comp
5.3
555
3.40
1.16
N/A
N/A
0.18
300.6
Minimum
Grab
0.0
0.0
053
0.00
0.0
72
0.00
10
Comp
0.0
15.0
0.10
0.0
N/A
N/A
0.01
6.0
Maximum
Grab
405
1411.0
1.77
7.15
5.0
115
3.88
17085
Comp
27.0
136.0
17.5
2.81
N/A
N/A
0.53
1368
Median
Grab
0.0
38.8
0.66
0.56
0.0
8.1
0.16
82
Comp
0.0
40.0
0.67
1.03
N/A
N/A
0.05
57
95th percentile
Grab
42.5
1350.7
1.82
12.77
9.6
12.3
18.43
7499
Comp
27.99
173.0
15.44
5.20
N/A
N/A
1.14
1709
99th percentile
Grab
955
41985
2.75
41.07
22.8
145
143.86
40323
Comp
60.6
323.1
49.7
11.15
N/A
N/A
3.72
6791
,-,,.,-.-„-,- •-, •-,
No. of facilities
Grab
155
160
147
147
157
146
156
1E4
8
Comp"
153
154
145
144
N/A
N/A
153
154
8
No. of samples
Grab
211
213
203
204
214
199
213
211
8
Comp
207
208
198
198
N/A
N/A
207
208
8
Mean
Grab
14.0
81.8
127
2.45
4.6
N/A
1.00
1322
10.4
Comp
6.84
62.4
0.85
1.39
N/A
N/A
0.74
374.5
7.1
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
2.0
0.00
0
02
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.00
0.0
1
Maximum
Grab
1300.0
700.0
48.00
101.00
130.0
12.3
18.00
61000
29
Comp
74.0
510.0
22.20
17.30
N/A
N/A
10.70
3340
14
Median
Grab
4.0
51.0
0.57
120
1.4
8.9
0.30
250
5.4
Comp
3.4
43.5
0.52
1.00
N/A
N/A
0.25
170
6.5
95th percentile
Grab
33.5
251.6
4.16
6.21
15.5
12.1
3.54
3872
72.2
Comp
19.4
190.8
2.91
3.91
N/A
N/A
2.60
1724
23.1
99th percentile
Grab
71.0
472.7
9.45
12.08
34.5
13.8
9.61
12482
224.3
Comp
35.9
350.6
6.05
6.87
N/A
N/A
6.51
4636
41.9
t AppSolions that did not report the units of measurement for the reported values of pollutants were not included In these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
.Compose samples.
3. Options for Controlling Pollutants of pollutants in storm water discharges
There are a number of options for from ilass' clav> cement or concrete
eliminating or minimizing the presence product manufacturing facilities. In
evaluating the options for controlling
pollutants in the storm water discharges
associated with the industrial activities
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5Q872
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
covered under this section, EPA must
comply with the requirements of
Section 402(p}(3) of the Clean Water Act
which require the compliance with the
Best Available Technology (BAT) and
Best Conventional Technology (BCT). '
EPA believes that it is infeasible to
develop effluent limitations for storm
water discharges associated with glass,
clay, cement, or concrete manufacturing
beyond those already established in the
Effluent Limitation Guidelines. There
are significant variations from site to
site on the industrial activity and
significant materials exposed to storm
water. The data collected to date is
inadequate to characterize these . ••
variations. Therefore, EPA believes that
the requirement for a facility operator to
develop a pollution prevention plan
which considers the specific conditions
at his or her site satisfies the BAT/BCT
requirements. The pollution prevention
plan will call for the implementation of
best management practices that
minimize contact between the storm
water and pollutant sources or which
remove pollutants from the storm water
before it is discharged from the site.
Table E-6.lists the pollution prevention
measures or best management practices
which are most applicable to facilities
classified in major SIC Group 32. The
table is organized by the specific
industrial activities which may
introduce pollutants to storm water. The
right column lists corresponding BMPs
which may be considered.
TABLE E-6.—MEASURES TO CONTROL POLLUTANTS IN STORM WATER DISCHARGES FROM GLASS, CLAY, CEMENT,
CONCRETE, AND GYPSUM FACILITIES1
Activity
Associated BMPs
Storing dry bulk materials including: sand, grav-
el, clay, cement, fly ash, kiln dust, and gyp-
sum.
Handling bulk materials including: sand, gravel,
clay, cement, fly ash, kiln dust, and gypsum.
Mixing operations
Vehicle and equipment washing
Dust Collection
Pouring and curing pre-cast concrete products
Store materials in an enclosed silo or building.
Cover material storage piles with a tarp or awning.
Divert runon around storage areas using curbs, dikes, diversion swales or positive drainage
away from the storage piles.
Install sediment basins, silt fence, vegetated filter strips, or other sediment removal measures
downstream/downslope.
Only store washed sand and gravel outdoors.
Use dust collection systems (e.g., bag houses) to collect airborne particles generated as a re-
sult of handling operations.
Remove spilled material and settled dust from paved portions of the facility by shoveling and
sweeping on a regular basis.
Periodically clean material handling equipment and vehicles to remove accumulated dust and
residue. . . • . •: '
Install sediment basins, silt fence, vegetated filter strips, or other sediment removal measures
downstream/downslope.
Use dust collection systems (e.g., bag houses) to collect airborne particles generated as a re-
sult of mixing operations.
Remove spilled material and settled dust from the mixing area by shoveling and sweeping on
a regular basis.
Clean exposed mixing equipment after mixing operations are complete.
Install sediment basins, silt fence, vegetated filter strips, or other sediment removal measures
downstream/downslope.
Designate vehicle and equipment wash areas that drain to recycle ponds or process
wastewater treatment systems.
Train employees on proper procedure for washing vehicles and equipment including a discus-
sion of the appropriate location for vehicle washing.
Conduct vehicle washing operation indoors or in a covered area.
Clean wash water residue from portions of the site that drain to storm water discharges.
Maintain dust collection system and baghouse. Properly remove and recycle or dispose of col-
lected dust to minimize exposure of collected dust to.
Pour and cure precast products in a covered area.
Clean forms before storing outdoors.
' From "Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices," (EPA 832-
R-92-006) EPA, 1992, and proposed pollution prevention plans submitted by group applicants.
In addition to the activity-specific
best management practices listed in
Table E-6 above, there are structural
practices that may be effective in
reducing the pollutants found in the
storm water discharges from facilities in
Major SIC Group 32. This section does
not specifically require that these
structural measures be installed;
however, the permittee must consider
measures such as these at the facility.
The structural measures include:
vegetative filter strips, grassed swales,
detention ponds, retention ponds or
recycle ponds. These structural
measures remove pollutants from the
storm water which is carrying them off
site. The measures listed above are
effective in removing the heavy
suspended solids which are common in
the storm water discharges from clay,
cement, concrete, and gypsum facilities.
Vegetated filter strips are gently.
sloped areas covered with either natural
or planted vegetation. Vegetated filter
strips remove pollutants from storm
water by a filtering action. Vegetated
filter'strips can be located along the
down slope perimeter of the industrial
activity but not in areas of concentrated
flow. Grassed swales are similar to
vegetated filter strips. Within Major SIC
Group 32, four percent of the designated
sampling facilities indicated in their
part 1 group applications that they had
vegetated filter strips at their facilities.
Grassed swales also remove pollutants
from storm water flows by a filtering
action. A grassed swale consists of a
broad, grass lined ditch or swale with
gradual slopes or check dams to reduce
the velocity of flow. Unlike vegetated
filter strips, grassed swales can remove
pollutants from concentrated storm
water runoff. Over 13 percent of the
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50873
designated samplers in Major SIC Group
32 indicated that there were grass lined
svvalos at their facility.
Retention ponds and detention ponds
are storm water management measures
used to control the quantity and quality
of storm water discharged from a site. A
detention pond is a pond which
temporarily detains the storm water
discharged from an area. While detained
in the pond, the heavy suspended
particles in the storm water settle to the
bottom of the pond. The result is a
discharge from the detention pond with
a TSS concentration which is lower
than the influent concentration to the
pond. Retention ponds retain the storm
water within the pond with no
discharge except for when extreme
rainfall events occur. The water
collected in the retention pond either
evaporates, infiltrates, or is used as
process water on site. Twenty seven
percent of the designated samplers in
Major SIC Group 32 indicated that there
was a pond on their site which was used
as a storm water management measure.
4. Special Conditions
a. Prohibition of Non-storm Water
Discharges. The prohibited non-storm
water discharges under this section are
the same as those described under
section V1.B.2 of this fact sheet with
one exception. Part XI.E.2. of today's
permit clarifies that the discharges of
pavement washwaters from facilities
covered under Part XLE. of the permit
are authorized under this section after
the accumulated fly ash, cement,
aggregate, kiln dust, clay, concrete or
other dry significant materials handled
at the facility have been removed from
the pavement by sweeping, vacuuming,
combination thereof or other equivalent
measures, or the washwaters are
conveyed into a BMP designed to
remove solids prior to discharge, such
as sediments basins, retention basins,
and other equivalent measures. Where
practicable pavement washwater shall
be directed to process wastewater
treatment or recycling systems. The
clarification is made for this sector
because EPA believes that a primary
source of pollutants in the storm water
discharges from facilities covered under
this sector are spilled materials or
settled dust from material handling
processes. A primary focus of the
pollution prevention plan requirements
for these industries are good
housekeeping measures, in particular,
sweeping the paved portions of the site
surrounding the material handling
areas. Washing the paved areas without
first sweeping or otherwise removing
the accumulated solids may result in the
discharge of these pollutants in the
washwater unless the washwater is
contained onsite or otherwise collected
without discharge.
5. Storm Water Pollution Prevention
Plan Requirements
a. Contents of the Plan.
(J.) Description of Potential Pollutant
Sources. All facilities covered by today's
permit must prepare a description of the
potential pollutant sources at the facility
which complies with the common
requirements described in Part VI.C.2. of
this fact sheet. In addition to these
requirements, facilities covered by this
section must provide the following
additional information in their pollution
prevention plan.
Facilities covered under Part XLE. of
today's permit must identify on the site
map the location of any: bag house or
other air pollution control device; any
sedimentation or process waste water
recycling pond and the areas which
drain to the pond. The location of the
bag house or air pollution control
equipment is required because this
equipment stores the particulates or
dust that are removed from the air in
and around the material handling
equipment. There is a potential that the
collected dust or particulates could
come into contact with storm water.
Therefore the site map must indicate the
location of this potential source. The
site map for the facility must clearly
indicate the portion of the facility which
drains to sedimentation or recycle
ponds that receive process wastewater.
This information is necessary to
illustrate the portion of the site where
runoff is already controlled. The site
map must also indicate the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls (e.g. storm water and air
conditioner condensate). In order to
increase the readability of the map, the
inventory of the types of discharges
contained in each outfall may be kept as
an attachment to the site map. The site
map for these facilities must also
indicate the portion of the site where
regular sweeping or other equivalent
good housekeeping measures will be
implemented to prevent the
accumulation of spilled materials or
settled dust.
(2) Measures and Controls. Part
VLC.3. of today's fact sheet describes a
number of measures and controls which
are effective in controlling the discharge
of pollutants in storm water discharged
from a number of types of industrial
activities including those facilities in
Major SIC Group 32; The following
section describes BMPs which EPA
believes are particularly effective in
controlling the pollutants discharged
from glass, clay, cement, concrete or
gypsum manufacturing facilities.
Facilities covered under Part XLE. are
required to consider each of these BMPs
or its equivalent in their pollution
prevention plan.
(a) Good Housekeeping—Today's
permit requires that the pollution
prevention plans for facilities covered
under this section must specifically
address measures to minimize the
discharge of spilled cement, sand, kiln
dust, fly ash, settled dust or other
significant materials in storm water
from paved portions of the site that are
exposed to storm water. Measures used
to minimize the presence of these
' materials may include regular sweeping,
or other equivalent measures. The plan
shall indicate the frequency of sweeping
or other measures. The frequency shall
be determined based upon
consideration of the amount of
industrial activity occurring in the area
and frequency of precipitation. This
requirement is established in an effort to
minimize the discharge of solids from
these types of facilities. Sweeping to
prevent the discharge of solids must be
considered in the pollution prevention
plan because it is a cost effective
measure well suited to the dry, granular,
and powder-like materials used at the
facilities covered under this section.
This section also requires that
facilities minimize the exposure of fine
solids such as cement, fly ash, baghouse
dust, and kiln dust to storm water. The
pollution prevention plan shall consider
storing these materials in enclosed silos,
hoppers, or other containers, in
buildings, or in covered areas of the
facility. Fine solids are a particular
concern because the small particles are
readily suspended by storm water and
carried off of the site.
(b) Preventative Maintenance—There
are no additional preventative
maintenance requirements beyond these
described in Part VLC.3 of this fact
sheet.
(c) Spill Prevention and Response—
There are no additional spill prevention
and response requirements for facilities
in the glass, clay, cement, concrete or
gypsum products industries beyond
those described in Part VI.C.3.C. of this
fact sheet.
(d) Inspections—Facilities in the
glass, clay, cement, concrete, and
gypsum products industries are required
to conduct self inspections at a
frequency which they determine to be
adequate to ensure proper
implementation of their pollution
prevention plan, but not less frequently
than once per month. Monthly
inspections are necessary for the facility
to be able to assess the effectiveness of:-
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50874
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
the pollution prevention plan. Less
frequent inspections may allow facilities
to delay inspections until after periods
of high activity when the greatest
potential for'exposure of materials
occurs. This section requires that the
inspections take place while the facility
is in operation because this is the only
time when potential pollutant sources
(such as malfunctioning dust control
equipment or non-storm water
discharges from equipment washing
operations) may be evident. The
inspectors must observe several portions
,of the site which EPA believes are
potential sources of pollutants in storm
water including: material handling
areas, above ground storage tanks,
hoppers or silos, dust collection/
containment systems, vehicle washing,
and equipment cleaning areas.
(e) Employee Training—In addition to
the requirements described in Part
Vl.C.S.e. of this fact sheet, the pollution
prevention plan training requirements
for facilities in the glass, clay, cement,
concrete, and gypsum industries require
that the employee training program
address procedures for equipment and
vehicle washing. This is because these
are common activities in these
industries which result in process
wastewater which may be discharged
into the storm water conveyance system.
Training programs should focus on
where and how equipment should be
cleaned at the facility so that there will
be no unpermitted discharge of wash
water to the storm water conveyance
system. EPA recommends that facilities
conduct training annually at a
minimum. However, more frequent
training may be necessary at facilities
with high turnover of employees or
where employee participation is
essential to the storm water pollution
prevention plan.
(fl Recordkeeping and Internal
Reporting Procedures—There are no
additional recordkeeping and internal
reporting procedure requirements for
facilities in the stone, clay, glass or
concrete products industries beyond
than those described in Part VI.C.3.f. of
this fact sheet.
(g) Non-storm Water Discharges—
There are no additional non-storm water
discharge certification requirements for
facilities in the stone, clay, glass or
concrete products industries beyond
those described in Part VI.C.2.d. of this
fact sheet with the exception of facilities
engaged in production of concrete
products. These facilities must include
in the certification a description of
measures which insure that process
wastewater which results from washing
of trucks, mixers, transport buckets,
forms or other equipment are discharged
in accordance with NPDES
requirements or are recycled. These
nonprocess wastewater discharges are
common to this industry. However,
these discharges are not eligible for
coverage under this section and it is
necessary to assess the facility for the
presence of these discharges so that
steps may be taken to eliminate the
discharges or to cover the process
discharges with a separate permit.
A number of facilities in the concrete
products industry maintain wash water
recycle/retention ponds which receive
the process wastewater from equipment
cleaning and other operations. These
ponds may also receive a portion or all
of the runoff from the industrial site.
These facilities are required to provide
an estimate of the depth of the 24-hour
duration storm event that would be
required to cause the recycle/retention
pond to overflow and discharge to the
waters of the United States. Methods to
make this estimate can include, but are
not limited to, the original design
calculations for the recycle/retention
pond or historical observation.
(h) Sediment and Erosion Control—
There are no additional sediment and
erosion control requirements for
facilities in the stone, clay, glass, or
concrete products industries beyond
those described in Part VLC.S.g. of this
fact sheet.
(i) Management of Runoff—There are
no additional requirements for
management of runoff at facilities in the
stone, clay, glass, or concrete products
industries beyond than those described
in Part VLC.3.h. of this fact sheet.
(3) Comprehensive Site Compliance
Evaluation. Facilities in the glass, clay,
cement, concrete, and gypsum product
sector must perform an annual site
compliance evaluation as described in
Part VI.C.4. of this fact sheet. For
facilities in the concrete product
manufacturing industries, the
evaluation must specifically address the
following portions of the site: above
ground storage tanks, hoppers or silos;
dust collection/containment systems;
truck wash down; and equipment
cleaning areas. Because these areas are
the most likely sources of pollutants,
these portions of the site must be
thoroughly evaluated.
6. Numeric Effluent Limitations
Part XI.E.4. of today's permit
establishes numeric effluent limitations
for storm water discharges from storage
areas for materials used or produced at '
cement manufacturing facilities.
Discharges from these areas may not
exceed a maximum TSS concentration
of 50 mg/L. The pH of the discharges
from these areas must be within the
range of 6.0 to 9.0. Untreated discharges
from the facility which are a result of a
storm with a rainfall depth greater than
the 10-year, 24-hour storm event are not
subject to this limitation. These effluent
limitations are in accordance with 40
CFR 411.32 and 40 CFR 411.37. Effluent
Guidelines and Standards, Cement
Manufacturing Point Source Category,
Materials Storage Piles Runoff
Subcategory. These limitations
represent the degree of effluent
reduction attainable by the application
of best practicable control technology
and best conventional pollutant control
technology. Dischargers subject to these
numeric effluent limitations must be in
compliance with the limits upon
commencement of and for the entire
term of this permit. Discharges that are
associated with industrial activities that
do not contain runoff from material
storage areas at cement manufacturing
facilities are not subject to the effluent
limitation described above.
7. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that glass,
clay, cement, concrete, and gypsum
product manufacturing may reduce the
level of pollutants in storm water runoff
from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit, hi order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan, requires two of the four subsectors
within the glass, clay, cement, concrete
and gypsum product manufacturing
sector to perform analytical monitoring.
The clay product subsector includes
brick and structural clay tile
manufacturers (SIC 3251), ceramic wall
and floor tile manufacturers (SIC 3253),
clay refractories (SIC 3255),
manufacturers of structural clay
products, not elsewhere classified (SIC
3259), manufacturers of vitreous china
table and kitchen articles (SIC 3232),
manufacturers of fine earthenware table
and kitchen articles (SIC 3263),
manufacturers of porcelain electrical
supplies (SIC 3264), pottery products
(SIC 3269) and non-clay refractories
(3297). Data submitted by group
applicants within this subsector show
that a significant portion of the facilities
discharge aluminum concentrations
higher than bench mark values.
Therefore facilities with these industrial'
activities must monitor for the pollutant
identified in Table E-7.
The concrete and gypsum subsector
includes concrete block and brick
manufacturers (SIC 3271), concrete
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 50875
products manufacturers (SIC 3272),
ready mix concrete manufacturers (SIC
3273), gypsum product manufacturers
(SIC 3275) and manufacturers of mineral
and earth products (SIC 3295). Data
submitted by group applicants within
this subsector show that a significant
portion of the facilities discharge total
suspended solids and iron in
concentrations higher than bench mark
values. Therefore facilities with these
industrial activities must monitor for
pollutants identified in Table E-8.
The glass product subsector includes
flat glass manufacturers (SIC 3211),
glass container manufacturers (SIC
3221), pressed and blown glass and
glassware manufacturer (SIC 3229), and
manufacturers of glass products made of
purchased glass (SIC 3231). Monitoring
data submitted by facilities within this
subsector do not indicate that these
facilities are likely to discharge storm
water with pollutant concentrations
greater than the bench marks. Therefore,
this sector is not subject to analytical
monitoring requirements under this
permit.
The cement manufacturing subsector
includes manufacturers of hydraulic
cement (SIC 3241). This subsector is not
subject to the analytical monitoring
requirements under Section XI.E.S.a this
permit. However, because these
facilities are subject to numerical
effluent limitations they are subject to
compliance monitoring described in
section XI.E.S.d of the permit.
At a minimum, storm water
discharges from clay and gypsum, and
concrete product manufacturing must be
monitored quarterly (January through
March, April through June, July through
September and October through
December) during the second year of
permit coverage. At the end of the
second year of permit coverage, a
facility must calculate the average
concentration for each parameter listed
in Tables E-7 and E-8. If the permittee
collects more than four samples in this
period, then they must calculate an
average concentration for all parameters
analyzed, not simply a minimum of four
selected analysis.
TABLE E-7.—CLAY PRODUCT
INDUSTRY MONITORING REQUIREMENTS
Pollutants of concern
Total Recoverable Aluminum .....
Cut-off
concentra-
tion
0.75 mg/L.
TABLE E-8.—CONCRETE AND GYPSUM
PRODUCT INDUSTRY MONITORING
REQUIREMENTS
Pollutants of concern
Total Suspended Solids (TSS) ...
Total Recoverable Iron
Cut-off
concentra-
tion
100 mg/L.
1.0 mg/L.
If the average concentration for a
parameter is less than or equal to the
value listed in Tables E-7 or E-8, then,
the permittee is not required to conduct
quantitative analysis for that parameter
during the fourth year of the permit. If,
however, the average concentration for
a parameter is greater than the cut-off
concentration listed in Tables E—7 or E—
8, then the permittee is required to
conduct quarterly (in the same quarterly
periods listed above) monitoring for that
parameter during the fourth year of
permit coverage. Monitoring is not
required during the first, third, and fifth
year of the permit. The exclusion from
monitoring in the fourth year of the
permit is conditional on the facility
maintaining industrial operations and
BMPs that will ensure a quality of storm
water discharges consistent with the
average concentrations recorded during
the second year of the permit.
TABLE E-9.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage
4th Year of Permit Coverage
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table E-7 or E-8, then quarterly
sampling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table E-7 or E-8, then
no further sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Table E-7 or E-8.
If industrial activities or the pollution prevention plan have been altered such that, storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that ifa facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, there are
monitoring requirements for facilities
which the Agency believes have the
potential for contributing significant
levels of pollutants to storm water
discharges. The alternative described
below is necessary to ensure that
monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis, in lieu of
sampling required under Part XI E.5 of
today's permit, 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
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 lieu of
monitoring reports required under Part.
XI E.S.b. The permittee is required to: j ?
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complete any and all sampling until the
exposure is eliminated. If the facility is
reporting for a partial year, the
permittee must specify the exposure
was eliminated. If the permittee is
certifying that a pollutant was present
for part of the reporting period, nothing
relieves the permittee from the
responsibility to sample that parameter
up until the exposure was eh'minated
and it was determined that no
significant materials remained.
This certification is not to be confused
with the low concentration sampling
waiver. The test for the application of
this certification is whether the
pollutant is exposed, or can be expected
to be present in the storm water
discharge. If the facility does not and
has not used a parameter, or if exposure
is eliminated and no significant
materials remain, then the facility can
exercise this certification. In the case of
certifying that a pollutant is not present,
the permittee must submit the
certification along with the monitoring
reports required under paragraph (b)
below. If the permittee cannot certify for
an entire period, they must submit the
date exposure was eliminated and any
monitoring required up until that date.
This certification option is not
applicable to compliance monitoring
requirements associated with effluent
limitations. EPA does not expect
facilities to be able to exercise this
certification for indicator parameters,
such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report Form must be
submitted per storm event sampled. For
facilities conducting monitoring beyond
the minimum quarterly requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/. Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
examinations of storm water discharges
from each outfall are required. Note that
this requirement applies to all facilities
and not just those subject to the
analytical monitoring requirements
under Part VI.E.7. of this fact sheet. The
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, or other obvious indicators of
storm water pollution. The examination
must be conducted in a well lit area. No
analytical tests are required to be
performed on these samples.
The examination must be made at
least once every 3 months (January
through March, April through June, July
through September, and October
through December) during permit
coverage. Examinations shall be made
during daylight unless there is '
insufficient rainfall or snow-melt to
produce runoff. Whenever practicable,
the same individual should carry out
the collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 60 minutes) of when the
runoff begins discharging. Reports of the
visual examination include: the
examination date and time, examination
personnel, visual quality of the storm
water discharge, and probable sources of
any observed storm water
contamination. The visual examination
reports must be maintained onsite with
the pollution prevention plan.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
' response to the examination. The visual
examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
When a discharger is unable to collect
samples over the course of the
monitoring period as a result of adverse
climatic conditions, the discharger must
document the reason for not performing
the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
1 conduct quarterly visual examination.
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50877
g. Compliance Monitoring
Requirements. Today's permit requires
permittees with discharges of runoff
from material storage at cement
manufacturing facilities to monitor for
the presence of TSS and pH. These
monitoring requirements are necessary
to evaluate compliance with the
numeric effluent limitation established
for these discharges. Monitoring shall be
performed upon a minimum of one grab
sample. All 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 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. Monitoring
results shall be submitted on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the month
following collection of the sample.
Facilities which discharge through a
large or medium municipal separate
storm sewer system (systems serving a
population of 100,000 or more) must
also submit signed copies of discharge
monitoring reports to the operator of the
municipal separate storm sewer system.
Alternative Certification provisions
described in Section VI.E.5 do not apply
to facilities subject to compliance
monitoring requirements in this section.
Compliance monitoring is required at
least annually for discharges subject to
effluent limitations. Therefore, EPA
cannot permit a facility to waive
compliance monitoring.
F. Storm Water Discharges Associated
With Industrial Activity From Primary
Metals Facilities
1. Discharges Covered Under This
Section
On November 16,1990 (55 FR 47990),
the U.S. Environmental Protection
Agency (EPA) promulgated the
regulatory definition of "storm water
discharges associated with industrial
activity." This definition included point
source discharges of storm water from
11 categories of industrial facilities.
This section of today's permit includes
storm water discharges associated with
industrial activity from primary metals
facilities. These facilities are commonly
identified by Standard Industrial
Classification (SIC) code 33. The SIC
codes eligible for coverage under this
section of today's permit include the
following:
a. Steel works, blast furnaces, and
rolling and finishing mills, including:
steel wiredrawing and steel nails and
spikes; cold-rolled steel sheet, strip, and
bars; and steel pipes and tubes (SIC
331).
b. Iron and steel foundries, including:
gray and ductile iron, malleable iron,
steel investment, and steel foundries,
not elsewhere classified (SIC 332).
c. Primary smelting and refining of
nonferrous metals, including: primary
smelting and refining of copper and
primary production of aluminum (SIC
333).
d. Secondary smelting and refining of
nonferrous metals (SIC 334).
e. Rolling, drawing, and extruding of
nonferrous metals, including: rolling,
drawing, and extruding of copper;
aluminum extruded products; rolling,
drawing, and extruding of nonferrous
metals, except copper and aluminum;
and'drawing and insulating of
nonferrous wire (SIC 335).
/. JMonferrous foundries (castings),
including: aluminum die-castings,
nonferrous die-castings, except
aluminum, aluminum foundries, copper
foundries, and nonferrous foundries,
except copper and aluminum (SIC 336).
g. Miscellaneous primary metal
products, not elsewhere classified,
including metal heat treating (SIC 339).
Group applications were received
from facilities representing each of the
categories of industry eligible for
coverage under this section. A large
number of group applications also
included facilities identified by other
SIC codes. These facilities may be
covered in whole, or in part, by other
sections of today's permit. In other
cases, SIC codes may have been
assigned improperly. The special
conditions reflected in this section of
today's permit relate to specific
operations taking place at a facility.
These operations should be used as the
basis for determining permit
requirements appropriate for that
particular facility.
Although there are many activities
common to some or all of the facilities
covered by this section, some of the
operations discussed are unique to a
particular industry group. Due to the
broad range of activities conducted by
facilities in this category, it would be
impossible to identify all activities
occurring at facilities covered by this
section. This fact sheet attempts to
describe the major activities
representative of many of the facilities
addressed by this section and provides
examples of concerns associated with
storm water discharges from primary
metals facilities. All materials present
and industrial activities taking place at
a facility that have a potential impact on
storm water discharges must be
addressed by the facility's pollution
prevention plan, whether or not the
material or activity is specifically
addressed by this section.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities .being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Industry Profile
Facilities in the primary metals
industry conduct a wide range of
activities. The SIC manual lists seven
industry groups (three-digit SIC codes),
and 27 industry numbers (four-digit SIC
codes) within the sector. Of these,
facilities representing 21 four-digit SIC
codes submitted group applications.
Due to the large number of alternate
processes available for many activities
conducted within the primary metals
industry it is very difficult to
characterize "typical" facilities.
Facilities within the same industry can
employ quite dissimilar processes to
arrive at a similar product. Differences
can be found in the types of raw
materials, furnaces or ovens, casting
processes, the degree of mechanization,
and any finishing operations which may
be employed by a particular facility.
Considerable differences can also be
seen between facilities based on their
customers needs. Some facilities may
operate as a job shop, providing finished
parts to other companies. Other
facilities could conduct more limited
operations and pass the product on to
other facilities that provide finishing
operations exclusively.
These differences in specific -
processes, as well as in the general scale
and scope of individual operations can
make facilities with the same or similar
SIC codes quite different. Due to the:
difficulty in subdividing the industry ^
into distinct facility types, the following
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discussion briefly describes the full
range of activities potentially employed
by members of this industry. Despite the
substantial diversity within the industry
group, there are a number of general
operations which characterize the
majority of industrial processes.
Facilities in the primary metals
industry are typically involved in one or
more of the following general
operations: raw material storage and
handling; furnace and oven related
processes; preparation of molds, casts,
or dies; metal cleaning, treating and
finishing; and waste handling and
disposal.
a. Raw Material Storage and Handling
Activities. Due to the nature of the
primary metals industry, large
quantities of raw materials are required
for many operations. The extent to
which these materials are stored outside
exposed to precipitation will depend on
the specific operations taking place at a
facility, the size of the operation, as well
as the storage space available that is
covered. Some of the most common
materials used are metals, fuels, fluxes,
refractories, sand, and an assortment of
solvents, acids, and other chemicals.
The primary raw material for all
facilities in the industry is the source of
metal to be used or processed. For steel
works, smelters, and blast furnaces, the
raw material could be metallic ores,
scrap, dross, or foundry returns.
Foundries may use scrap materials,
borings, turnings, metal ingots, pigs or
a mixture of these and other materials.
Rolling mills, heat treaters, and metal
finishing operations will generally use
billets, slabs, blooms, bars, pigs or other
cast metal pieces as their primary raw
material. These may be produced at
another part of the same facility, or
purchased from another source. Some of
these materials may arrive with
protective or incidental coatings of oil,
oxides, or other impurities. Due to the
large size and volume of some of these
materials they may be stored outside.
Energy sources for facilities within
the industry are also quite varied. While
steel mills with coking operations may
use coal as the fuel for firing coke ovens,
coal would also be the raw material that
would be converted to coke. Some iron
and steel foundries or mini-mills may
use coke as a fuel only, or may use
electric arc furnaces for melting. Smaller
foundries (ferrous or nonferrous) may
use gas-fired or electric induction
furnaces.
A variety of fluxes are often added to
the molten metal to allow impurities to
be removed as slag or dross. In the iron
and steel industry, limestone is
probably the most common flux used.
Others include dolomite, soda ash,
fluorspar, and calcium carbide.
Nonferrous operations may use other
fluxing agents or none at all.
During the melting process,
refractories are used to line and protect
the furnaces. These refractories have
limited lives and must be replaced
periodically. The life of the refractory
will depend on the type of furnace as
well as the material being melted. Some
large furnaces require almost constant
patching of the refractory materials and
thus large quantities may be stored for
future use.
Another common material used in
casting operations is sand. Many
foundries will use sands of different
types to produce the molds and cores
for the production of castings. Although
some facilities are able to recycle their
sand, others must dispose of some or all
of the used sand and thus require large
amounts of fresh sand as a raw material.
There are also a large number of sand
additives and binders which may be
used to control the properties of the
mold produced. "Wet" sand may
contain clay, seacoal, bentonite, wood
flour, phenol, iron oxide, and numerous
other acids and chemicals, some of
which may be toxic.
Other processes related to finishing
operations can require a wide variety of
solvents, chemicals, and acids. Many
facilities involved in cleaning, treating,
painting, or other finishing operations
may store these products in tanks or
drums which may be exposed to
precipitation.
b. Furnace, Rolling, and Finishing
Operations. The majority of processes
within the primary metals industry are
conducted inside. These activities
include all types of furnace operations,
rolling operations, as well as all kinds
of metal finishing activities. Many of
these operations, however, generate
significant quantities of particulate
matter which, if not properly controlled,
can result in exposure to precipitation.
There are many different types of
furnaces. Each has advantages and
limitations and are used for different
types of metals. Facilities may use coal,
coke, or gas fired furnaces as well as
electric arc or induction furnaces.
Coke ovens, or batteries, generally use
coal fired furnaces to heat coal in the
absence of oxygen to drive off volatiles.
The resultant product is coke which is
subsequently used in other furnace
operations. Blast furnaces are usually
operated on a continuous basis with
coke, iron ore, and fluxes charged at the
top of a vertical shaft while molten pig
iron and slag are tapped at different
levels below.
Sintering plants burn coke breeze
(particles too small to use for charging
in cupola or blast furnaces) mixed with
iron ore, flue dust, or other products to
fuse them into materials that can then
be charged with regular coke in a
furnace. Cupola furnaces are used by
ferrous foundries and operate hi
essentially the same manner as blast
furnaces, allowing a range of scrap steel
and iron to be charged with coke and
fluxes at the top of the furnace.
Basic oxygen process furnaces use a
mixture of molten iron and scrap as the
charge. High-purity oxygen is injected
into the furnace where it combines with
impurities in, the charge materials and
provides heat'to melt the charge of
scrap.
There are two types of electric
furnaces in use. Electric arc furnaces
operate in a batch fashion and are often
used by steel mini-mills. Scrap metal is
placed in the furnace along with three
electrodes which provide the energy to
melt the charge. Electric induction
furnaces are generally smaller than
other types described above and require
that cleaner metals be used.
Gas-fired furnaces are often used by
nonferrous foundries. They are
generally small and require relatively
clean metals for melting.
One trait that all types of furnaces
share is the generation of significant
emissions, including particulate
emissions. Blast furnaces, sintering
plants, and cupola furnaces, all fired by
coke, have particularly high particulate
emissions. These furnaces are capable of
handling a relatively "dirty" charge,
with significant impurities which can
lead to a variety of emissions problems.
For these reasons, these types of
furnaces will have emissions controls
such as baghouses, wet scrubbers, or
electrostatic precipitators. Electric arc
furnaces are also able to melt fairly
"dirty" scrap and can also have
significant levels of particulate
emissions.
At the other end of the spectrum are
smaller electric induction and gas fired
furnaces which generally require a very
clean charge. Although this reduces the
volume of emissions concerns
significantly, they are also less likely to
have as extensive pollution control and
thus fugitive emissions of particulates
may be significant.
The effectiveness of emissions control
equipment in controlling particulate
generation will depend'on the furnace
operation, the raw materials used, the
type of control equipment in place, and
the degree to which it is operating
properly. Fugitive emissions, faulty or
improperly maintained equipment, and
"dirty" raw materials can all contribute
to particulate emissions that may not be
captured by poUution;control,
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50879
equipment, and may be exposed to
precipitation.
Another category of operations are
rolling, drawing, and extruding
operations. Facilities involved in these
operations will often use furnaces
similar to those described above. The
metal will often be heated, and then
passed through a series of rollers which
alter its' dimensions, making it longer,
flatter, etc. This process generally
involves large amounts of contact
cooling water which can contain high
levels of suspended solids and oil and
grease.
c. Preparation of Molds, Pouring,
Cooling, and Shakeout. Foundry
operations and die-casters will generally
prepare the molds, casts, or dies that
will determine the ultimate shape of the
product to be produced. There are a
number of possible operations with
significant differences between them.
These include sand casting, investment
casing, and die casting.
Sand casting operations involve a
number of possible steps and a range of
materials. Casts are shaped in two
sections which form the outside of the
part to be produced. Cores can also be
used to form inner surfaces of the parts.
A variety of sands may be used and can
be combined with clay and a number of
other additives to give the mold the
desired properties. Once the casting has
cooled, it is placed on a vibrating screen
which shakes loose the majority of the
sand. The casting is then ready for
cleaning and finishing operations. At
some facilities the used sand may be
recycled or some or all of the sand may
need to be disposed of and replaced.
Investment casting involves the
formation of a wax replica of the part to
bo produced, usually in a metal die. A
series of wax parts may be attached to
a "tree." Once a tree is completed, it is
coated with a ceramic cast in a series of
dipping operations. The wax may then
be removed from the cast in a furnace
or the metal can be poured in directly.
As in sand casting, the casting is
allowed to cool before the cast is
removed. A separate wax form and
ceramic shell must be made for each
part to be produced.
Die-castings employ a more direct
route from molten metal to finished
part. A metal die is produced and
molten metal in injected under pressure
into it. Once it has cooled, the casting
is removed and is ready for finishing
operations. Unlike sand casting or
investment casting, the die can be used
over and over to produce more parts.
Like most foundry operations, molds
are generally prepared indoors. There
are, however, particulate emissions
associated with the pouring and cooling
of molten metal.
d. Metal Cleaning, Treating, and
Finishing. Almost all operations in the
primary metals industry result in metal
products which require some degree of
finishing. The type of finishing
activities undertaken depend on the
material being treated, as well as the
properties desired in the final part and
can include both mechanical and
chemical operations.
Castings generally come out of their
molds with metal sprues and other
imperfections which must be removed.
This can be done through grinding,
cutting, or blasting with sand, shot, or
grit. Other possible operations include
drilling, threading, or dimensioning. A
combination of these operations is often
necessary.
Some facilities such as rolling mills
will use a descaling process to remove
oxides and other residues which can
form on the surfaces of metallic
products. Typical operations include
blasting with water or sand. This
produces large quantities of scale and
other particulate matter which may
contain other residual products such as
oil.
Heat treating is another operation
which can involve furnaces for
controlled heating and cooling of large
quantities of metal. A variety of media
may be used to cool metals at different
rates. Oil, water, and liquid salt baths
may all be used depending on the
properties desired in the finished
product. Acid pickling may be used to
remove unwanted material from the
surface of metal. Other cleaning and
finishing operations may involve a wide
range of solvents, acids, or other
chemicals. All of these processes can
generate toxic wastes in the form of
sludges, particulates, or spent baths. In
addition, residuals from these
operations left on the metal surface may
become exposed to storm water if
materials are transported or stored
outside.
e. Waste Handling and Disposal.
Wastes are generated from numerous
sources within the primary metals
industry. Some types of waste are found
at a majority of facilities while others
may be specific to a particular activity.
Some of the common waste products
include used sand, cores, butts,
refractory rubble, machining and
finishing wastes, slag, dross, and
collected particulates such as baghouse
dust.
Sand casting operations which are not
able to fully recycle their sand may
generate large volumes of waste or
"burnt" sand. "Wet" sands may contain
any one of a number of additives,
depending on the specific type of
casting being produced. Other related
wastes include the cores and butts used
in the sand casing process.
Most casting operations will produce
a product which requires some degree of
machining and finishing. The wastes
produced will depend mainly on the
material being finished and whether a
mechanical or chemical process is used.
Machining waste can include fines,
turnings, or cuttings as well as shot, grit,
and scale from blasting operations.
Chemical finishing can result in waste
solvents, acids, and pickling sludges
and baths which contain metal wastes.
The metal melting process results in
the production of slag from ferrous, or
dross from nonferrous materials. The
content and volume of these wastes
produced will vary depending on the
charge material, and any fluxing agents
or additives that may be used. In
general, slag is produced in greater
quantities and will be more likely to be
stored outside, however there is the
possibility of exposure of both types of
waste to precipitation.
Particulate matter generated in
furnaces and during machining is
another source of waste with significant
potential for storm water contamination.
These waste streams may be segregated
at larger facilities or combined, but the
concerns are essentially the same. The
dusts are collected in baghouses,
electrostatic precipitators, wet
scrubbers, or in cyclones and disposed
of. If the pollution control equipment is
inadequate, or not operating effectively,
there is potential for storm water
contamination from these types of
waste.
3. Pollutants Found in Storm Water
Discharges
Impacts caused by storm water
discharges from primary metals
facilities will vary. A number of factors
will influence to what extent the
activities at a particular facility will
affect water quality. These include:
geographic location, hydrogeology, the-
amounts and types of materials stored
outside, the types of processes taking
place outside, the size of the operation,
as well as the characteristics of a
particular storm event. These and other
factors will interact to affect the
quantity and quality of storm water
runoff. For example, particulate
emissions from furnaces or ovens may
be a significant source of pollutants at
some facilities, while outdoor material
storage such as scrap piles may be a
primary source at others, hi addition,
sources of pollution other than storm
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water, such as illicit connections,42
spills, and other improperly dumped
materials, may contribute significant
levels of pollutants into waters of the
United States.
A summary of industrial activities
conducted by primary metals facilities
in the group application process is
listed in Table F-l. The table also lists
the sources of pollutants related to the
activity and what the specific pollutants
of concern are. The table is limited to
those activities which are generally
conducted outside, or that have
potential to contribute pollutants to
storm water discharges. Many processes
in the primary metals industry are
conducted inside and are therefore not
represented in Table F—1.
TABLE F-1.—POLLUTANTS OF CONCERN FOR MAJOR ACTIVITIES WITHIN THE PRIMARY METALS INDUSTRY
Activity
Source
Pollutants
Raw material storage and handling
Vehicle Maintenance
Waste materials—handling, storage,
and disposal.
Furnace operations and pollution
control equipment
Rolling, casting, and finishing oper-
ations.
Plant yards
Illicit discharges
Metal product stored outside such as foundry returns, scrap metal,
turnings, fines, ingots, bars, pigs, wire.
Outdoor storage or handling of fluxes ....
Storage piles, bins, or material handling of coke or coal
Storage or handling of casting sand or refractory
Vehicle fueling and maintenance or outdoor storage tanks and drums
of gas, diesel, kerosene, lubricants, solvents.
Slag or dross stored or disposed of outside in piles or drums
Fly ash, particulate emissions, dust collector sludges and solids,
baghouse waste.
Storage and disposal of waste sand or refractory rubble in piles out-
side.
Machining waste—fines, turnings, oil, borings, gates, sprues, scale ..
Obsolete equipment stored outside
Landfilling or open pit disposal of wastes onsite
Losses during charging of coke ovens or sintering plants and from
particulate emissions.
Particulate emissions from blast furnaces, electric arc furnaces, in-
duction furnaces.
Fugitive emissions from poorly maintained or malfunctioning
baghouses, scrubbers, electrostatic precipitators, cyclones.
Wastewater treatment operations exposed to precipitation
Exposure of wastewater used for cooling or descaling related to roll-
ing.
Storage of products outside after painting, pickling, or cleaning oper-
ations.
Casting cooling or shakeout exposed to precipitation or wind
Losses of particulate matter from machining operations (grinding,
drilling, boring, cutting) through deposition or storage of products
outside.
Areas of the facility with unstabilized soils subject to erosion
Improper connection of floor, sink, or process wastewater drains
Residual or protective Oil and
Grease, Metals, TSS, COD,
TSS.
pH (limestone).
TSS, pH, metals.
TSS.
Oil and grease.
Metals, pH.
TSS.
TSS, metals, misc. "wet" sand ad-
ditives.
TSS, metals, oil and grease.
Oil and grease.
See Part VIII.L.
TSS, particulates, metals,
volatiles, pH.
TSS, metals.
TSS, metals.
See Part VIII.T.
Oil and grease, pH, TSS, metals,
COD.
pH, solvents, metals.
TSS, metals.
Metals, TSS.
TSS.
Dependent on source.
Although operations at primary
metals facilities may vary considerably,
the elements with potential impact on
storm water discharges are fairly
uniform and consistent. Facilities may
include considerable areas of raw and
waste material storage such as coal,
coke, metal, ores, sand, scale, scrap, and
slag. Processes generally involve
furnaces for heating and melting metals
or for producing coke, any of which may
result in significant particulate
emissions. Due to the nature of their
operations some facilities will have
large areas of exposed soil and heavy
vehicle traffic which can lead to
erosion.
a. Raw Material Storage and Handling
Activities. Raw materials with potential
effects on storm water discharges fall
into a number of distinct categories.
Sands used for the production of
molds or cores can contribute to TSS
loadings. Piles of materials may be
washed away directly, or spills and
windblown losses may occur during
handling and process related activities.
Metal raw materials can come in
numerous forms including billet, slab,
pig, bar. These materials have the
potential to corrode which can result in
the loss of metal to a solution, i.e.,
water. The following metals are referred
to as the galvanic (or electromotive)
series and have a tendency to corrode
and become soluble in water;
magnesium, aluminum, cadmium, zinc,
steel or iron, cast iron, chromium, tin,
lead, nickel, soft and silver solder,
copper, stainless steel, silver, gold,
platinum, brass and bronze. For some
metals, the extent and rate of corrosion
is dependent on whether it occurs in an
oxygen-starved or oxygen-abundant
atmosphere. If materials are coated in
oil to prevent corrosion, or residual
chemicals used to clean or treat the
metal are present, these can also be a
source of pollution easily picked up by
storm water runoff.
Scrap metals come in a variety of
forms including machining waste such
as turnings, shavings, filings, borings or
as post consumer waste in a variety of
forms. These materials can contribute
metals, oil and grease, suspended solids,
and other pollutants to storm water
42 Illicit connections are contributions of
unpermitted non-storm water discharges into storm
sewers from any number of sources including
sanitary sewers, industrial facilities, commercial
establishments, or residential dwellings.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50881
runoff depending on their makeup and
origin.
Runoff related to storage and handling
of coal and coke can contribute
suspended solids, metals, as well as oil
ana grease to runoff. These can be
released from piles, hoppers, or bins
through handling or wind-blown losses.
Significant losses can also occur during
handling with conveyors, trucks, or
while preparing charges for the furnace
or sintering operations.
Fluxes such as limestone may be
stored in piles, bins, or hoppers outside
or become exposed to precipitation
during unloading and handling
activities. Limestone can increase the
pH of storm water. Fluxes can also
contribute to loadings of suspended
solids (TSS) or have other effects
depending on their makeup.
A variety of acids and solvents may be
stored in drums or tanks for use in metal
treating and cleaning operations. Leaks
and spills from tanks and drums or
during handling can result in discharges
with storm water. These materials can
affect pH of storm water and may be
toxic.
b. Process Activities. Many processes
can contribute pollutants to storm water
discharges. These can include all types
of furnaces, metal finishing activities, as
well as material handling equipment.
Furnaces of all types can generate
particulate emissions. The quantity and
character of these emissions can vary
greatly depending on the type of
furnace, the material being melted, the
fuel used, and any pollution control
equipment that may be in place. In
general, large coke-fired and electric arc
furnaces capable of handling fairly dirty
charge products will have higher
emissions, but are also more likely to
have sophisticated pollution control
such as wet scrubbers, baghouses, and
electrostatic precipitators. Smaller gas
Bred or electric induction furnaces.
generally require a fairly clean charge
and have less emissions, but might also
have less sophisticated controls. Settling
of these emissions on roofs and plant
yards are very likely to be washed away
in storm water runoff. These
particulates can contain a wide range of
constituents which can contribute
metals and suspended solids to
discharges.
Material handling equipment such as
conveyors, trucks, and forklifts can all
contribute drippings of oil and grease as
well as hydraulic fluids. This
equipment may also generate or release
particulate matter related to the
materials being handled. Pallets,
hoppers, drums, and storage bins may
all contain residual materials which
may become exposed to storm water.
Metal finishing operations can be
divided in two general types.
Mechanical operations such as grinding,
blasting, boring, chipping, cutting, and
descaling can all produce metal fines,
chips, and turnings which may
contribute metals and suspended solids
to discharges. Residuals of oil or other
materials on the finished goods or waste
products can also contribute pollutants.
Other finishing operations include acid
pickling, solvent cleaning, and all types
of heat treating activities. Materials that
have been treated or finished may have
residual chemicals on them such as
pickling baths, oil or liquid salt quench
media, or solvents. Exposure of these
materials could contribute to pH,
metals, or oil and grease in storm water
discharges.
Stationary process equipment may
also produce a substantial amount of
residual particulate material that tends
to accumulate on and around the
equipment. Many materials used for
primary metals production are
conducive to this type of buildup. This
will typically occur around rotating
machinery, moving parts, bearings,
conveyors and at the output of the
equipment, e.g., storage containers.
Particulate material that accumulates
can become a source of contamination if
it comes in contact with either
precipitation or storm water runoff.
c. Waste Material Storage, Handling,
and Disposal. Waste materials are
generated in large volume from many of
the facilities in this industry. These
wastes can include used sand, cores and
butts, refractories, slag and dross,
baghouse or cyclone dusts, scrubber
dusts and sludges, machining wastes,
and obsolete equipment. There is
potential for pollution from many of
these sources if not properly stored,
handled, and disposed of.
Used sands, cores, butts, and
refractory rubble are all potential
sources of TSS. Due to the large
volumes potentially generated and their
generally benign nature, these materials
are often stored outside. The exposure
of these materials to molten metal also
presents the possibility of
contamination with metals which may
also get washed away with storm water.
Wastes related to pollution control
equipment are particularly susceptible
to being discharged with storm water if
not properly controlled. These wastes
could originate from baghouses,
cyclones, electrostatic precipitators or
scrubbers. These may be in place to
control emissions from a large variety of
ovens and furnaces, as well as
mechanical or chemical metal finishing
operations. These 'dusts and sludges
typically contain an assortment of
metals, metal oxides, and other
particulate matter. The size of
particulates that are able to be captured
will vary from one type of equipment to
the next and will depend on proper
operation and maintenance.
Machining and finishing waste which
is not collected as described above may
also be generated in significant
quantities. This materials typically
metallic fines and particulate matter but
may contain cutting oil or other
materials as well. If stored outside in
piles, drums, hoppers, or other
containers these materials can
contribute metals, TSS, or oil to
precipitation and storm water runoff.
d. Erosion and Sediment Loss. Erosion
from plant yards is another potential
source of storm water contamination
from primary metals facilities. Areas of
vehicle traffic related to material
handling, loading, unloading, material
storage areas etc. may all have exposed
soils with the potential for erosion.
These soils can contribute to TSS
loadings in storm water discharges.
Exposed surfaces also limit the potential
for housekeeping measures such as
sweeping, making spills of other
materials (particulate or liquid) harder
to clean up and more likely to be
washed away with storm water. The
large size of many primary metals
facilities makes this a concern. For
example: one group application consists
of 5 facilities with a total land area of
623 acres. Of this, approximately 105
acres (16.9 percent) were impervious
surfaces (buildings, paved areas),
leaving 83 percent of the total area
potentially susceptible to erosion.
Vehicle traffic, material handling, and
storage activities taking place in
unstabilized areas can all lead to
erosion.
e. Group Application Monitoring
Data. Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the primary metals
industry into subsectors to properly
analyze sampling data and determine
monitoring requirements. As a result,
this sector has been divided into the
following subsectors: steel works, blast
furnaces, and mills (SIC 331); iron and
steel foundries (SIC 332); primary
smelting and refining of nonferrous
metals (SIC 333); secondary smelting
and refining of nonferrous metals (SIC
334); nonferrous rolling and drawing
(SIC 335); nonferrous foundries (SIC
336); and miscellaneous primary metals
products (SIC 339). Tables F-2, F-3, F-
4, and F-5 below include data for the
eight pollutants that all facilities were
required to monitor for under Form 2F.
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5O882 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
The tables also list those parameters that • nonferrous metals manufacturing
EPA has determined may merit further facilities; secondary smelting and
monitoring. Tables are not included for refining of nonferrous metals
primary smelting and refining of manufacturing facilities; and
miscellaneous primary metal products
facilities subsectors because less than
three facilities submitted data for each
of these subsectors.
TABLE F-2.— STATISTICS FOR SELECTED POLLUTANTS REPORTED BY STEEL WORKS, BLAST FURNACES, AND ROLLING
AND FINISHING MILLS SUBMITTING PART II SAMPLING DATA1 (mg/L)
Pollutant
Sample type
BOD3
COD
Nitrate + Nitrite Nitrogen ..
Total Kjeldahl Nitrogen
pH „
Total Phosphorus
Total Suspended Solids ...
Zinc
No. of facilities
Grab
9
9
9
9
9
9
9
9
3
7
Comp"
8
8
8
8
N/A
N/A
8
8
3
6
No. of samples
Grab
17
17
16
17
17
17
17
17
5
14
Comp
15
15
14
15
N/A
N/A
15
15
5
11
Mean
Grab
17.2
100.2
2.01
1.81
3.1
N/A
0.51
173
3.24
1.556
Comp
16.3
74.7
1.41
1.32
N/A
N/A
0.28
82
1.9
1508
Minimum
Grab
1.0
19.0
0.08
0.00
0.0
' 5.4
0.01
0
0.3
0
Comp
1.0
9.0
0.09
0.64
N/A
N/A
0.02
0
0.3
0
Maximum
Grab
60.0
340.0
15.30
4.30
16.4
9.4
2.26
866
7.9
16
Comp
60.0
235.0
9.5
2.7
N/A
N/A
0.80
717
6
9.3
Median
Grab
10.0
62.0
0.51
1.60
2.0
7.5
0.42
66
2.8
0.29
Comp
9.30
55.0
0.40
1.10
N/A
N/A
0.20
39
1.1
0.37
95th percenlile
Grab
59.3
287.9
7.03
4.17
9.9
9.5
2.89
1123
15.51
5.471
Comp
59.3
215.4
4.62
223
N/A
N/A
1.08
346
7.1
5.73
99th percentile
.Grab
119.4
514.6
18.5
6.15
18.4
10.5
8.55
4141
35.7
16.48
Comp
128.2
380.6
11.6
2.96
N/A
N/A
2.29
1030
15.24
19.445
'Applications that did not report the units of measurement for the reported values of pollutants were not induded in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0. •
"Composite samples.
TABLE F-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY IRON AND STEEL FOUNDRIES SUBMITTING PART II
SAMPLING DATA' (mg/L)
Pollutant
Sample type
BOD3
COD
Nitrate + Nitrite Nitrogen
Total Kjeldahl Nitrogen ..
Oil & Grease
pH
Total Phosphorus ...
Total Suspended Solids
Aluminum
Copper
Iron
Pyrene
No. of facilities
Grab
31
32
31
31
31
31
31
31
4
27
4
3
29
Comp"
30
31
30
30
N/A
N/A
30
30
4
26
3
3
28
No. of samples
Grab
64
64
64
64
64
65
65
65
11
57
8
4
62
Comp
56
57
56
57
N/A
N/A
57
57
11
50
7
4
54
Mean
Grab
35.8
287.9
0.77
3.50
6.5
N/A
1.79
594
5.99
7.919
9.2
.08
18.35
Comp
57.6
118.3
0.86
3.18
N/A
N/A
0.40
228
6.38
5.155
10.1
0.02
14.395
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
2.6
0.00
0
0
0
0.2
0
0.01
Comp
0.0
0.0
0.02
0.0
N/A
N/A
0.00
1.0
0
0
0.4
0
0.047
Maximum
Grab
1200.0
3600.0
5.90
30.00
140.0
10.3
76.00
6300
20
210
26.3
0.29
430
Comp
2500.0
640.0
4.50
24.0
N/A
N/A
4.00
1200
21.4
140
30.4
0.07
330
Median
Grab
11.0
108.5
0.58
2.00
0.0
7.6
0.28
138
4.49
0.08
8.6
0.01
0.57
Comp
10.0
76.0
0.62
1.81
N/A
N/A
022
123
3.3
0.04
8.1
0
0.46
95th percentile
Grab
79.8
1046.0
2.17
11.05
24.1
10.1
3.67
2644
47.24
6.629
62
0.58
23.162
Comp
64.0
339.1
3.02
9.84
N/A
N/A
1.65
1000
17.51
a362
54.5
i'i&is
99th percentile
. Grab
176.7
2731.7
3.84
21.84
, 69.3
11.4
10.33
8264
141.97
31.253
170.5
2.37
96.353
Comp
133.2
605.9
6.03
18.7
N/A
N/A
3.73
2417
33.1
15.875
134.8
52.671
Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
TABLE F-4.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY ROLLING, DRAWING, AND EXTRUDING OF
NONFERROUS METALS MANUFACTURING FACILITIES SUBMITTING PART II SAMPLING DATA* (mg/L)
Pollutant
Sample type
BOD 3
COD
Nitrate + Nitrite Nitrogen . ..
Total Kjeldahl Nitrogen
Oil & Grease
pH
Total Phosphorus
Total Suspended Solids
Zinc
No. of facilities
Grab
8
8
7
8
8
8
8
8
8
8
Comp"
6
8
7
8
N/A
N/A
8
8
8
8
No. of samples
Grab
20
20
19
20
20
,20
20
20
20
20
Comp
10
20
19
20
N/A
N/A
20
20
20
20
Mean
Grab
38.4
138.9
1.75
4.71
2.5
N/A
0.12
45
0.931
0.525
Comp
32.0
80.6
3.71
6.45
N/A
N/A
0.10
58
0.822
0.417
Minimum
Grab
5.5
0.0
0.10
0.34
0.0
4.1
0.00
0
0
0.021
Comp
2.2
0.0
0.30
0.0
N/A
N/A
0.0
0
0
0.04
Maximum
Grab
150.0
495.0
5.61
30.00
20.0
8.0
0.50
429
8.8
2.3
Comp
110.0
230.0
19.1
42.0
N/A
N/A
0.30
310
3.4
1.9
Median
Grab
22.0
93.5
1.60
2.95
1.1
6.2
0.09
7
0.13
0.3
Comp
18.5
50.8
1.80
1.65
N/A
N/A
0.06
8
0.14
0.3
95th percentile
Grab
126.4
480.5
7.58
15.68
62
8.6
0.38
182
5.106
1.806
Comp
126.6
269.3
11.8
19.77
N/A
N/A
0.31
310
6.501
1.189
99th percentile
Grab
252.5
950.7
16.76
32.73
15.9
9.9
0.68
531
20.38
3.637
Comp
282.8
503.5
24.52
48.67
N/A
N/A
0.56
1043
29.326
2.085
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
TABLE F-5.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY NONFERROUS FOUNDRIES (CASTINGS) SUBMITTING
" PART II SAMPLING DATA j (mg/L)
Pollutant
Sample type
BOD3
COD
Nitrate + Nitrite Nitrogen ...
Total Kjeldahl Nitrogen ......
Oil & Grease .......
pH
Total Phosphorus
Total Suspended Solids . ..
Zinc
No. of facilities
Grab
14
14
13
13
14
14
14
14
14
13
Comp"
14
14
13
13
N/A
N/A
14
14
14
13
No. of samples
Grab
30
30
28
28
30
29
30
29
30
28
Comp
27
27
25
25
N/A
N/A
26
26
27
25
Mean
Grab
14.7
125.1
0.99
2.29
42
N/A
0.26
145
0.494
1.435
Comp
12.8
82.8
0.85
2.17
N/A
N/A
0.13
111
0.672
1.494
Minimum
Grab
0.0
0.0
0.00
0.16
0.0
2.8
0.00
0
.0
0
Comp
3.0
7.0
0.00
0.58
N/A
N/A
0.0
0
0
0
Maximum
Grab
51.0
1400.0
3.60
22.00
47.0
8.0
1.50
2100
42
9.36
Comp
47.0
510.0
2.08
9.70
N/A
N/A
0.96
1100
7
10.1
Median
Grab
10.5
50.5
0.74
1.30
0.5
6.5
0.07
20
0.26
0.36
Comp
8.0
32.0
0.77
1.40
N/A
N/A
0.05
37
0.2
0.5
95th percentile
Grab
38.6
390.9
2.80
6.34
16.7
8.8
1.17
536
1.861
6.429
Comp
29.6
260.1
2.12
5.08
N/A
N/A
0.52
563
2.532
5.424
99th percentile
Grab
63.1
907.0-
4.64
12.06
35.5
10.1
, 326
1521
4.122
18.489
Comp
46.3
535.7
3.32
8.19
N/A
N/A
1.26
1761
6.122
13.307
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0. •
'"Composite samples. - . -
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50883
Although there are a wide range of pollutants which may be of concern for primary metals facilities, monitoring
requirements for these facilities have been determined based on industry subgroups which exceed benchmarks for certain
pollutants. As Tables F-2 through F-5 illustrate, there are a variety of pollutants which must be addressed at primary
metals facilities.
4. Options for Controlling Pollutants
There are five main areas of concern related to primary metals facilities. These are raw material storage and handling;
waste material storage, handling, and disposal; furnace, oven, and related pollution control activities; rolling, extruding,
casting, and finishing operations; plant yards; and illicit connections.
Table F-6 summarizes the primary sources of pollution in each of these categories and potential Best Management
Practices (BMPs) associated with each.
TABLE F-6.—POTENTIAL BEST MANAGEMENT PRACTICES FOR SOURCES WITHIN THE PRIMARY METALS INDUSTRY
Source
Potential best management practices
Molal product stored outside such as foundry returns,
scrap metal, turnings, fines, ingots, bars, pigs, wire.
Outdoor storage or handling of fluxes .
Storage plies, bins, or material handling of coke or
coal.
Storage or handling of casting sand
Vehicle fueling and maintenance
Outdoor storage tanks or drums of gas, diesel, ker-
osene, lubricants, solvents.
Slag or dross stored or disposed of outside in piles
or drums.
Fly ash, paniculate emissions, dust collector sludges
and solids, baghouse dust.
Storage and disposal of waste sand or refractory rub-
ble in piles outside.
Scrap processing activities (shredding etc.)
Machining waste stored outside or exposed to storm
water—fines, turnings, oil, borings, gates, sprues,
Store all wastes indoors or in sealed drums, covered dumpsters, etc.
Minimize raw material storage through effective inventory control.
Minimize runon from adjacent properties and stabilized areas to areas with exposed soil
with diversion dikes, berms, curbing, concrete pads, etc.
Store fluxes in covered hoppers, silos, or indoors and protect from wind-blown losses.
Stabilize areas surrounding storage and material handling areas and establish schedule
for sweeping.
Where possible store coke and coal under cover or indoors and protect from wind-blown
losses.
Prevent or divert runon from adjacent areas with swales, dikes, or curbs.
Minimize quantities of coke or coal stored onsite through implementation of effective in-
ventory control.
Trap participates originating in coke or coal storage or handling areas with filter fabric
fences, gravel outlet protection, sediment traps, vegetated swales, buffer strips of
vegetation, catch-basin filters, retention/detention basins or equivalent.
Store raw sand in silos, covered hoppers, or indoor whenever possible.
Prevent or divert runon from adjacent areas with swales, dikes, or curbs.
Minimize quantities of sand stored onsite through implementation of effective inventory
control.
Tarp or otherwise cover piles.
Trap particulates originating in coke or coal storage or handling areas with filter fabric
fences, gravel outlet protection, sediment traps, vegetated swales, buffer strips of
vegetation, catch-basin filters, retention/detention basins or equivalent.
See Part VIII.P.
Store tanks and drums inside when possible.
Establish regular inspection of all tanks and drums for leaks, spills, corrosion, damage,
etc.
Utilize effective inventory control to reduce the volume of chemicals stored onsite.
Prevent runon to and runoff from tank and drum storage areas, provide adequate con-
tainment to hold spills and leaks.
Prepare and train employees in dealing with spills and leaks properly, use dry clean-up
methods when possible.
Collect waste waters used for granulation of slag—these are not allowed under this sec-
tion.
Store slag and dross indoors, Under cover, or in sealed containers.
Establish regular disposal of slag or dross to minimize quantities stored and handled on-
site.
Minimize runon to slag storage areas with diversion dikes, berms, curbing, vegetated
swales.
Trap particulates originating in slag storage areas with filter fabric fences, gravel outlet
protection, sediment traps, vegetated swales, buffer strips of vegetation, catch-basin
filters, retention/detention basins or equivalent.
Store all dusts and sludges indoors to prevent contact with storm water or losses due to
wind.
Establish regular disposal schedule to minimize quantities of pollutants stored and han-
dled onsite.
Move piles under cover or tarps whenever possible.
Establish regular disposal schedule to minimize quantities stored onsite.
Stabilize areas of waste product storage and perform regular sweeping of area.
See Part VIII.N. ,
Store all wastes indoors or in sealed drums, covered dumpsters,' etc.
Stabilize areas of waste product storage and perform regular sweeping and cleaning of
any residues. , • •• . . ,- : .... :>.•.-.•••.•
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TABLE F-6.—POTENTIAL BEST MANAGEMENT PRACTICES FOR SOURCES WITHIN THE PRIMARY METALS INDUSTRY—
Continued
Source
Potential best management practices
Obsolete equipment stored outside
Material losses from handling equipment such as
conveyors, trucks, pallets, hoppers, etc.
Losses during charging of coke ovens or sintering
plants.
Particulate emissions from blast furnaces, electric arc
furnaces, induction furnaces and fugitive emissions
from poorly maintained or malfunctioning
baghouses, scrubbers, electrostatic precipitators,
cyclones.
Storage of products outside after painting, pickling, or
cleaning operations.
Casting cooling or shakeout operations exposed to
precipitation or wind.
Landfilling or open pit disposal of wastes onsite ........
Losses of particulate matter from machining oper-
ations (grinding, drilling, boring, cutting) through
deposition or storage of products outside.
Areas of the facility with unstabilized soils subject to
erosion.
Improper connection of floor, sink, or process
wastewater drains.
Consider using booms, oil/water separators, sand filters, etc. for outfalls draining areas
where oil is potentially present.
Minimize runon from adjacent properties and stabilized areas to areas with exposed soil
with diversion dikes, berms, curbing, concrete pads, etc.
Where possible, dispose of unused equipment properly, or move indoors.
Cover obsolete equipment with a tarp or roof.
Consider using booms, oil/water separators, sand filters, etc. for outfalls draining areas
where oil is potentially present.
Minimize runoff coming into contact with old equipment through berms, curbs, or place-
ment on a concrete pad.
Schedule frequent inspections of equipment for spills or leakage of fluids, oil, or fuel.
Inspect for collection of particulate matter on and around equipment and clean. Where
possible cover these areas to prevent losses to wind and precipitation.
Store pallets, hoppers, etc. which have residual materials on them under cover, with
tarps, or inside.
Cover any exposed areas related to furnace charging/material handling activities.
Stabilize areas around all material handling areas and establish regular sweeping.
Route runoff from particulate generating operations to sediment traps, vegetated swales,
buffer strips of vegetation, catch-basin filters, retention/detention basins or equivalent.
Establish schedule for inspection and maintenance of all pollution control equipment—
check for any particulate deposition from leaks, spills, or improper operation of equip-
ment and remedy.
Route runoff from particulate generating operations to sediment traps, vegetated swales,
buffer strips of vegetation, catch-basin filters, retention/detention basins or equivalent.
Store all materials inside or under cover whenever possible.
Prevent runon to product storage areas through curbs, berms, dikes, etc.
Consider using booms, oil/water separators, sand filters, etc. for outfalls draining areas
where oil is potentially present.
Remove residual chemicals from intermediate or finished products before storage or
transport outside.
Perform all pouring, cooling, and shakeout operations indoors in areas with roof vents to
trap fugitive particulate emissions.
Recycle into process as much casting sand as possible.
See Part VIII.L.
Store all intermediate and finished products inside or under cover.
Consider using booms, oil/water separators, sand filters, etc. for outfalls draining areas
where oil is potentially present.
Clean products of residual materials before storage outside.
Stabilize storage areas and establish sweeping schedule.
Minimize runon from adjacent properties and stabilized areas to areas with exposed soil
with diversion dikes, berms, vegetated swales, etc.
Stabilize all high traffic areas including all vehicle entrances, exits, loading, unloading,
and vehicle storage areas.
Conduct periodic sweeping of all traffic areas.
Trap sediment originating in unstabilized areas. Filter fabric fences, gravel outlet protec-
tion, sediment traps, vegetated swales, buffer strips of vegetation, catch-basin filters,
retention/detention basins or equivalent.
Inspect and maintain all BMPs on a regular basis.
Provide employee training on proper installation and maintenance of sediment and ero-
sion controls.
Inspect and test all floor, sink, and process wastewater drains for proper connection to
sanitary sewer and remove any improper connections to storm sewer or waters of the
United States.
5. Special Conditions
The following section identifies
special conditions that are applicable to
permittees applying for coverage under
Part XI.F. of today's permit.
a. Prohibition of Non-storm Water
Discharges. This section requires
primary metals facilities to certify that
certain non-storm water discharges are
not occurring at their facilities. A list of
common non-storm water discharges
that are not authorized by this section
has been identified. These discharges
are prohibited due to the likelihood
these discharges will contain substantial
pollutant concentrations. This list is
included in the permit only to add more
specificity to the general non-storm
water prohibition included in Part III.A.
of the permit. The'following non-storm
water discharges are not authorized by
this section: waste discharges to floor
drains or sinks connected to the
facilities storm sewer or storm drainage
system; water originating from vehicle
and equipment washing; steam cleaning
wastewater; process wastewater; wash-
water originating from cleaning plant
floor areas or material receiving areas;
wastewater from wet scrubbers; boiler
blowdown; contact or noncontact
cooling water; discharges originating
from dust control spray water;
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50885
discharges originating from the cloning
out of oil/water separators or sumps;
discharges from banned areas with a
visible oily sheen or other visible signs
of contamination; discharges resulting
from casting cleaning or casting quench
operations; discharges from slag quench
or slag rinsing operations; and
discharges from wet sand reclamation
operations.
This final list of non-storm water
discharges does not include discharges
from oil/water separators and sumps, as
was proposed. EPA intended to include
only discharges originating from the
cleaning or maintenance of these
devices in this list.
The operators of non-storm water
discharges must seek coverage under a
separate NPDES permit if discharging to
cither a municipal separate storm sewer
system or to waters of the United States.
6. Storm Water Pollution Prevention
Plan Requirements
a. Contents of the Plan. All facilities
covered by this section must identify a
pollution prevention team, prepare a
description of all potential pollutant
sources at the facility, and identify
measures and controls appropriate for
the facility. These items must comply
with the common requirements
described in Part VI.C. of this fact sheet.
In addition to these requirements,
facilities covered by Part XI.F. of today's
permit must provide the following
additional information in their pollution
prevention plan.
(1) Description of Potential Pollutant
Sources, Facilities must identify on the
site map the location of any and all
pollution control equipment such as
baghousos, wet scrubbers, electrostatic
procipitators, etc. as well as any
uncontrolled stack emissions which
may be located onsite. The site map
must also indicate the outfall locations
and the types of discharges contained in
the drainage areas of the outfalls (e.g.
storm water and air conditioner
condensate). In order to increase the
readability of the map, the inventory of
the typos of discharges contained in
each outfall may be kept as an
attachment to the site map. Due to the
hazardous nature of pollutants
generated in this industry, and the
potential for deposition of particulate
matter from emissions, these emissions
can be a significant contributor to
pollutants at a facility and should be
identified.
(2) Measures and Controls. There are
typically five types of activity and
materials present at facilities in the
primary metals industry with potential
impacts on storm water discharges.
These have been discussed in today's
fact sheet and include: raw materials
storage and handling; process activities
related to furnace operations, casting,
rolling, and extruding; waste material
storage, handling, and disposal; erosion
from unstabilized plant areas; and illicit
discharges, spills, and leaks. Each of
these :areas that is applicable to a facility
must be identified in the pollution
prevention plan and evaluated with
regard to the BMPs discussed.
(a) Good Housekeeping—This section
requires that facilities implement
measures to limit the amount of spilled,
settled, and leaked materials which are
washed away by storm water. These
materials include coal dust or coke
breeze, metal fines from finishing
operations, particulate emissions from
furnaces and ovens, as well as dust and
dirt from plant yards. In paved or other
impervious areas sweeping is an easy
and effective way to reduce these
pollutants. Sweeping frequency should
be determined based on the rates of
accumulation of a particular material
and its potential impact on storm water
discharges. Where significant
particulates are generated in
unstabilized areas of the plant, other
measures may be necessary.
The large number of particulate
generating processes and the makeup of
these pollutants makes this an
especially important aspect of pollution
prevention at many facilities. Permittees
must consider the storage of all such
products under roof, in silos or covered
hoppers, or under tarps to minimize
exposure of particulates to precipitation
and wind-blown losses.
Unstabilized areas at a site which may
be related to material handling and
storage or vehicle and equipment traffic
should be considered for paving. These
areas can build up significant levels of
particulates from materials and material
handling as well as soil and dust
particles. Paving these areas allow good
housekeeping measures to be practiced
and make spills easier to clean up.
(b) Source Controls—Permittees must
consider preventative measures to
minimize the exposure of significant
materials to storm water. Due to the
large volumes of materials used in the
primary metals industry, they are a
significant potential source of pollutants
in storm water discharges. Storage of a
wide range of materials outside is
common among many facilities and
measures should be taken to reduce the
potential for contamination of storm
water.
Measures include moving materials
inside, under roof or cover, removing
waste materials from the premises, and
establishing scheduled removal of
wastes to minimize storage onsite. Other
measures to prevent runoff from
contacting materials include swales,
berms, dikes, or curbs to divert runoff
away from significant materials or
processes.
Source controls offer the most
effective way to reduce pollutants in
storm water discharges and are
generally easier to implement than
treatment measures.
(c) Preventive Maintenance—
Facilities must incorporate into their
plan the inspection and maintenance of
all equipment which could lead to
releases of pollutants. This includes all
particulate emissions control
equipment, storage tanks and piping
systems, and any other material
handling equipment which could fail
and release pollutants.
All particulate pollution control
equipment must be maintained to
operate properly and effectively to
control settling of particulate matter.
The inspection of emissions control is
particularly important as failures may
not be immediately obvious and could
lead to significant releases of particulate
matter. Leaks or blockage in ducts,
overflows of dust collection systems, or
mechanical breakdown of scrubbers
could all lead to heavy particulate
emission which can be easily washed
away by storm water discharges. Other
potential losses include leaking tanks or
valves which could contain a variety of
acids, solvents, or other chemicals.
(d) Spill Prevention and Response
Procedures—There are no additional
requirements beyond those described in
Part VI.C. of this fact sheet.
(e) Inspections—Primary metals
facilities are required to conduct self
inspections of all storage, process, and
plant yard areas at least quarterly. These
inspections will allow the effectiveness
of the pollution prevention plan to be
monitored. The potential for problems
which could affect storm water are
extremely varied and can have
significant impacts over a short time
period. These inspections are necessary
to ensure that problems are identified
and remedied as quickly as possible.
Points of particular importance include
pollution control equipment, material
handling areas, and waste collection
and disposal areas. Tanks, drums, silos,
bins, and hoppers are other areas of
potential concern.
(f) Employee Training—There are no
additional requirements beyond those
described in Part VI.C. of this fact sheet.
EPA recommends that facilities conduct
training annually at a minimum.
However, more frequent training may be
necessary at facilities with high
turnover of employees or where
employee participation Is essential to "
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50886
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /Notices
the storm water pollution prevention
plan.. • . , . ,
(g) Recordkeeping and Internal
Reporting Procedures—^There are no
additional requirements beyond those
described in Part VI.C. of this fact sheet.
(h) Non-storm Water Discharges—
There are no additional requirements
beyond those described in Part VI.C. of
this fact sheet.
(i) Sediment and Erosion Control—
There are no additional requirements
beyond those described in Part VJ.C. of
this fact sheet.
(j) Management of Runoff—Facilities
shall consider implementation of a
range of management practices to
control or treat storm water runoff.
These include vegetative buffer strips or
swales, filter fences and other types, of
filters, oil/water separators, and all
types of settling basins and ponds.
These practices allow the capture of
pollutants from storm water before it
leaves the site.
Due to the large size of many primary
metals facilities, source controls may
not be practical. In some cases, it may
not be feasible to cover or otherwise
protect large areas of material storage or
exposed plant yards. Deposition of
particulates from furnace or .other
process emissions may be relatively
diffuse over a large area of the facility,
and very difficult to control. In these
cases management practices such as
settling basins, retention or detention
ponds, or recycle ponds can provide
effective treatment of runoff. For smaller
areas, filter fabric, booms, or other types
of filters may be appropriate. In areas
where oil and grease is a concern, oil/
water separators may be appropriate and
should be considered.
b. Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluations that qualified personnel will
conduct to 1) confirm the accuracy of
the description of potential pollution
sources contained in the plan, 2)
determine the effectiveness of the plan,
and 3) assess compliance with the terms
and conditions of the permit. . . .
Comprehensive site compliance
evaluations should be conducted on an
annual basis. The individual or
individuals that will conduct the
evaluations must be identified in the
plan and should be members of the
pollution prevention team. Evaluation
reports must be retained for at least 3
years after the date of the compliance
evaluation that the permit expires.
Based on the results of each
evaluation, the description of potential
pollution sources, anclmeasures and
controls, the plan must be revised as •
appropriate within 2 weeks after each
evaluation. Changes in the measures
and controls must be implemented on
the site in a timely manner, and never
more than 12 weeks after completion of
the evaluation.
7. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that
primary metals facilities may reduce the
level of pollutants in storm water runoff
from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. In order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan and to characterize the discharge
for potential environmental impacts, the
permit requires some primary metals
facilities to collect and analyze samples
of their storm water discharges for the
pollutants listed in Table F-7. Data
submitted to EPA has been analyzed at
the 3-digit SIC code level. Industry
subgroups that had pollutant levels
above benchmark levels are required to
monitor for those pollutants. Because
these pollutants have been reported at
benchmark levels from primary metals
facilities, EPA is requiring monitoring
after the pollution prevention plan has
been implemented to assess the
effectiveness of the pollution prevention
plan and to help ensure that a reduction
of pollutants is realized.
Under the Storm Water Regulations at
40 CFR 122.26(b)(14), EPA defined
"storm water discharge associated with
industrial activity". The focus of today's
permit is to address the presence of
pollutants that are associated with the
industrial activities identified in this
definition and that might be found in
storm water discharges. Under the
methodology for determining analytical
monitoring requirements, described in
section VI.E.l of this fact sheet, nitrate
plus nitrite nitrogen is above the bench
mark concentrations for the non-ferrous
rolling and drawing and the non-ferrous
foundries subsectors and pyrene is
above the bench mark concentrations for
the iron and steel foundries subsector.
After a review of the nature of industrial
activities and the significant materials
exposed to storm water described by
facilities in these subsectors, EPA has
determined that the higher
concentrations of nitrate plus nitrite
nitrogen and pyrene are not likely to be
caused by the industrial activity, but
may be primarily due to non-industrial
activities on-site. Today's permit does
not require non-ferrous rolling and ;
drawing, the non-ferrous foundries or
iron and steel foundries facilities to
conduct analytical monitoring for these
parameters.
At a minimum, storm water
discharges from selected primary metals
facilities must be monitored quarterly,
during the second year of permit
coverage. At the end of the second year
of permit coverage, a facility must
calculate the average concentration for
each parameter that they were required
to monitor as listed in Tables F—7
through F—10, after taking into account
possible waivers based on the
alternative certification. If the permittee
collects more than four samples in this
period, then they must calculate an
average concentration for each pollutant
of concern for all samples analyzed.
TABLE F-7.—STEEL WORKS, BLAST
FURNACES, AND ROLLING AND FIN-
ISHING MILLS (SIC 331) MONITOR-
ING REQUIREMENTS
Pollutants of concern
Total Recoverable Aluminum
Total Recoverable Zinc
Cut-off con-
centration
0.75 mg/L
0.117 mg/L
TABLE F-8.—IRON AND STEEL FOUND-
RIES (SIC 332) MONITORING RE-
QUIREMENTS
Pollutants of concern
Total Recoverable Aluminum .
Total Suspended Solids (TSS)
Total Recoverable Copper
Total Recoverable Iron
Total Recoverable Zinc
Cut-off con-
centration
0.75 mg/L
100 mg/L
0.0636 mg/L
1 mg/L
0.117 mg/L
TABLE F-9.—ROLLING, DRAWING, AND
EXTRUDING OF NON-FERROUS MET-
ALS (SIC 335) MONITORING RE-
QUIREMENTS
Pollutants of concern
Total Recoverable Copper ......
Total Recoverable Zinc
Cut-off con-
centration
0.0636 mg/L
0.117 mg/L
TABLE F-10.—NON-FERROUS FOUND-
RIES (SIC 336) MONITORING RE-
QUIREMENTS
Pollutants of concern
Total Recoverable Copper......
Total Recoverable Zinc
Cut-off con-
centration
0.0636 mg/L
0.117 mg/L
If the average concentration for a
parameter is less than or equal to the
value listed in Tables F—7 through F—10,
then the permittee is not required to
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 7 Notices
50887
conduct quantitative analysis for that
parameter during the fourth year of the
permit. If, however, the average
concentration for a parameter is greater
than the cut-off concentration listed in
Tables F-7 through F-10, then the
permittee is required to conduct
quarterly monitoring for that parameter
during the fourth year of permit
coverage. Monitoring is not required
during the first, third, and fifth year of
the permit. The exclusion from
monitoring in the fourth year of the
permit' is conditional on the facility
TABLE F-11.—SCHEDULE OF MONITORING
maintaining industrial operations and
BMPs that will ensure a quality of storm
water discharges consistent with the
average concentrations recorded during
the second year of the permit. The
schedule for monitoring is presented in
TableF-ll.
2nd Year of Permit Coverage
4Ui Year of Permit Coverage
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Tables F-7 through F-10, then
quarterly sampling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Tables F-7 through F-
10, then no further sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Tables F-7 through F-10.
If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
The monitoring cut off concentrations
listed in Tables F-7 through F-10 are
not numerical effluent limitations.
Those values represent a level of
pollutant discharge which facilities may
achieve through the implementation of
pollution prevention plans. At least half
of the facilities which submitted Part 2
data, reported concentrations greater
than or equal to the values listed in
Tobies F-7 through F-10. Facilities that
achieve average discharge
concentrations which are less than or
equal to the values in Tables F—7
through F-10 are not relieved from the
pollution prevention plan requirements
or any other requirements of the permit.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exorcise a waiver of the requirement to
conduct quarterly chemical sampling.
(1) Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hours storm
ovont interval is waived where the
preceding measurable storm event did
not result in a measurable discharge
from the facility. The 72-hour storm
event interval may also be waived
where the permittee documents that less
than a 72-hour interval is representative
for local storm events during the season
when sampling is being conducted. The
grab sample shall be taken during the
first 30 minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(2) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description'of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
(3) Alternative Certification.
Throughout today's permit, EPA has
required monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
monitoring described in Tables F-10
through F-13, under penalty of law,
signed in accordance with Part VTI.G. of
the pursuit (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
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 along with
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
the monitoring reports required under
paragraph b. below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
b. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3,
months of the conclusion of each year.
For each outfall, one Discharge
Monitoring Report must be submitted
per storm event sampled. For facilities
conducting monitoring beyond the
minimum quarterly requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
c. Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
inspections of a storm water discharge
from each outfall are required at
primary metals facilities. The
examination must be of a grab sample
collected from each storm water outfall. .
The examination of storm water grab
samples shall include any observations
of color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, or other obvious indicators of
storm water pollution. The examination
must be conducted in a well lit area. No
analytical tests are required to be
performed on these samples.
The examination must be made at
least once per quarter during the term of
the permit during daylight unless there
is insufficient rainfall or snow-melt to
runoff. Whenever practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 1 hour) of when the runoff
begins discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports .must be
maintained onsite with the pollution
prevention plan.
When a discharger is unable to collect
samples over the course of the visual ,
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination. Adverse weather
conditions which may prohibit the
collection of samples include 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 (e.g., drought,
extended frozen conditions, etc.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
G. Storm Water Discharges Associated
With Industrial Activity From Metal
Mining (Ore Mining and Dressing)43
Facilities
1. Industrial Profile
On November 16,1990 (55 FR 47990),
the U.S. Environmental Protection
Agency (EPA) promulgated the
regulatory definition of "storm water
discharges associated with 'industrial
activity." This definition included point
source discharges of storm water from
eleven major categories of facilities,
including: "(i) facilities subject to storm
water effluent limitations guidelines,
new source performance standards, or
toxic pollutant effluent standards under
40 CFR subchapter N * * * ." and
"* * * (iii) facilities classified as
Standard Industrial Classifications 10
through 14 (metal mining 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
noncoal 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 that has come
into contact with, any overburden, raw
material, intermediate products,
finished products, by-products or waste
products located on the site of such
operations."
This section of today's general permit
only applies to the portions of categories
(i) and (iii) identified by 40 CFR Part
440 and the metal mining industry
(Standard Industrial Classification (SIC)
code 10). SIC code 10 includes
establishments primarily engaged in
mining, developing mines, or exploring
for metallic minerals (ores). This group
also includes all ore dressing and .
beneficiating operations, whether
performed at mills operated in
conjunction with the mines served or at
mills, such as custom mills, operated
separately. Common activities at these
mills include: crushing, grinding, and
separation by gravity concentration,
magnetic separation, electrostatic
separation, flotation, or leaching ^. The
following is a listing of the types of
mining/milling facilities that are
covered under SIC code 10: Iron Ores
(SIC Code 1011); Copper Ores (SIC Code
1021); Lead and Zinc Ores (SIC Code
1031); Gold Ores (SIC Code 1041); Silver
Ores (SIC Code 1044); Ferroalloy Ores,
Except Vanadium (SIC Code 1061);
Uranium-Radium-Vanadium Ores (SIC
Code 1094); and Miscellaneous Metal
Ores, Not Elsewhere Classified (SIC
Code 1099).
This section does not cover any
discharge subject to effluent limitation
guidelines, including storm water that
combines with process wastewater and
mine drainage. Storm water that does
not come into contact with any
overburden, raw material, intermediate
product, finished product, by-product,
or waste product located on the site of
43For the purposes of this part of the fact sheet,
the term "metal mining" includes all ore mining
and/or dressing and beneficiating operations,
whether performed at mills operated in conjunction
with the mines served or at mills, such as custom
mills, operated separately.
44 For more information on metal mines/mills see
EPA, Effluent Guidelines Division. November 1982.
"Development Document for Effluent Limitations
Guidelines and Standards for the Ore Mining and
Dressing Point Source Category." EPA 440/1-82/
061.
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50889
the operation is not subject to
permitting under this section according
to Section 402(1)(2) of the Clean Water
Act. Storm water discharges associated
•with industrial activity from inactive
mining operations occurring on Federal
lands whore an operator cannot be
identified cannot be covered by this
permit.
Storm water discharges from, mining
claims -where no mining activities have
boon undertaken (including no historic
activities) except minimal activities
undertaken for the purpose of
maintaining a mining claim do not need
to bo covered by a permit. (This applies
to Federal and private lands.)
This section is applicable to all
phases of mining operations, whether
active or inactive, as long as there is
exposure to significant materials. This
includes land disturbance activities
such as the expansion of current
extraction sites, active and inactive
mining stages, and reclamation
activities.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
There are typically three phases to a
mining operation: the exploration and
construction phase; the active phase;
and the reclamation phase. The
exploration and construction phase
entails exploration and a certain amount
of land disturbance to determine the
financial viability of a site. Construction
includes building of site access roads,
and removal of overburden and waste
rock to expose minable ore. These land-
disturbing activities are significant
potential sources of storm water
contaminants. The active phase
includes each step from extraction
through production of a saleable
product. The active phase may include
periods of inactivity due to the seasonal
nature of these metal mining activities.
The final phase of reclamation is
intended to return the land to its pre-
mining state.
Because of the land-disturbing nature
of the ore mining and dressing industry,
contaminants of concern generated by
industrial activities in this industry
include total suspended solids (TSS),
total dissolved solids (TDS), turbidity,
pH, and heavy metals. Table G—1 lists
potential pollutant source activities, and
related pollutants associated with ore
mining and dressing facilities.
TABLE G-1.—ACTIVITIES, POLLUTANT SOURCES, AND POLLUTANTS
Activity
Pollutant source
Pollutant
Silo Preparation
Mineral Extraction
Bonoffciatfon Activities
Road Construction
Removal of Overburden
Removal of waste rock to expose the metal
Blasting activities
Milling
Flotation ;
Gravity Concentration
Amalgamation
Leaching
Other Activities.
Waste Rock Storage
Raw Material Loading
Processing materials unloading
Raw or Waste Material Transportation
Heap leach piles
Equipment/Vehicle Maintenance,
Reclamation Activities
Sedimentation pond upsets
Sedimentation pond sludge removal and disposal ...
Air emission control device cleaning
Fueling activities
Parts cleaning
Waste disposal of oily rags, Oil and gas filters, bat-
teries, coolants, degreasers.
Fluid replacement including hydraulic fluid, oil,
transmission fluid, radiator fluids, and grease.
Site preparation for stabilization
Dust, TSS, TDS, turbidity.
Dust, TSS, TDS, turbidity.
Dust, TSS, TDS, turbidity.
Dust, TSS, nitrate/nitrite.
Dust, TSS, TDS, pH, turbidity, fines, heavy metals.
Dust, TSS, TDS, pH, turbidity, fines, chemical
reagents, acids, heavy metals.
TSS, TDS, pH, turbidity, heavy metals.
Dust, TSS, TDS, pH, turbidity, heavy metals, mer-
cury.
Dust, TSS, TDS, turbidity, pH, heavy metals.
Dust, TSS, TDS, turbidity, he.avy metals.
Diesel fuel, oil, gasoline, chemical reagents.
Dust, TSS, TDS, turbidity, heavy metals.
Dust, TSS, TDS, turbidity, pH, heavy metals, cya-
nide.
TSS, TDS, turbidity, pH, heavy metals.
Dust, TSS, TDS, turbidity, pH, heavy metals.
Dust, TSS, TDS, turbidity.
Diesel fuel, gasoline, oil.
Solvents, oil, heavy metals, acid/alkaline wastes.
Oil, heavy metals, solvents, acids
Oil, arsenic, lead, cadmium, chromium, benzene,
TCA, TCE, PAHs, solvents.
Dust, TSS, TDS, turbidity, heavy metals.
Sources: Storm Water Group Applications. Parts 1 and 2 and EPA. "Development Document for Effluent Limitations Guidelines and Standards
for the Ore Mining and Dressing Point Source Category." (EPA 440/1-82/061) November 1982.
Industrial activities, significant
materials, and material management
practices associated with ore mining
and dressing methods are typically
similar, varying only in the type of rock
being mined. Examples of mineral
commodities obtained from ore mining
and dressing facilities include: iron;
copper; lead; zinc; gold; silver;
ferroalloy ores such as molybdenum,
manganese, chromium, cobalt, nickel,
and tungsten; uranium; radium;
vanadium; aluminum; antimony;
bauxite; platinum; tin; and titanium.
Industrial activities include, "... but
[are] 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
wastewaters (as defined at 40 CFR Part
401); sites used for the'storage and
maintenance of material handling
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
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 materials; and
areas where industrial activity has taken
place in the past and significant
materials remain and are exposed to
storm water" (40 CFR 122.26(b)(14)).
The most common industrial activities
at metallic mine sites include extraction
of the metal, material crushing, and
product separation. While all of these
industrial activities can occur at metal
mines, storm water discharges from
some of the areas listed cannot be
covered by this permit (see Part VHI.G.4.
Discharges Covered Under This
Section).
Significant materials include, "... but
[are] not limited to: raw materials, fuels,
materials such as solvents, detergents,
and plastic pellets; finished materials
such as metallic products;... hazardous
substances designated under Section
101(14) of CERCLA; any chemical
facilities required to report pursuant to
Section 313 of title IH of SARA;
fertilizers; pesticides; and waste
products such as ashes, slag, and sludge
that have the potential to be released
with storm water discharge" (40 CFR
122.26(b)(12)). Significant materials
commonly found at mining facilities
include: overburden; waste rock; sub-
ore piles; tailings; petroleum-based
products; solvents and detergents;
manufactured products; and other waste
materials.
Materials management practices are
defined as those practices employed to
diminish contact by significant
materials with precipitation and storm
water runon, or practices utilized to
reduce the offsite discharge of
contaminants. To this end, sediment
ponds, discharge diversion techniques,
as well as methods of dispersion, are
used to minimize impacts of significant
materials on storm water. For mine sites
requiring additional sources of water for
processing operations, rainfall events as
well as storm water runon will be
managed for use in dust suppression,
processing, and washing activities.
Many mine sites are already equipped
with sedimentation ponds and other
established process wastewater
treatment methods in order to meet
effluent limitation guidelines.
Additional storm water management
practices used at mineral mining
facilities include: discharge diversions;
drainage/storm water conveyances;
runoff dispersion; sediment control and
collection practices; vegetation/soil
stabilization; capping contaminated
sources; and treatment.
Metals are recovered by three basic
extraction techniques: surface mining;
underground mining; and placer
mining. Each type of extraction method
may be followed by varying methods of
beneficiation and processing. Presented
below are brief descriptions of the
industrial activities, significant
materials, and materials management
practices associated with these four
extraction processes and associated
beneficiation activities. Due to
similarities in mining operations for
many of the minerals within this sector,
industrial activities, significant
materials, and materials management
practices are fairly uniform across this
sector. Unique practices are noted.
a. Surface Mining. Many mining
facilities access metal deposits using
surface extraction techniques such as
strip mining, open-pit, open-cut, and
open-cast. Surface mining is more
economical than underground
, especially when the ore body is large
and near the surface.
(1) Industrial Activities. Extraction
activities include removal of overburden
and waste rock to access metal deposits.
These land-disturbing activities generate
piles of topsoil and other overburden as
well as waste rock, which are typically
stored beside, or within, the pit or
quarry. In addition, land disturbance,
drilling, blasting, stripping, and
materials handling activities create large
amounts of dust that are either
dispersed by local wind patterns or
collected in air pollution control
mechanisms. At closure, overburden
and waste rock may or may not be used
to reclaim the pit or quarry depending
on Federal, State, and local
requirements. In addition, access roads
and rail spurs, and associated loading
and unloading areas, are found onsite.
Following extraction, the mined r
materials may be transferred to a nearby
beneficiation/processing facility. At an
ore beneficiation facility, the valuable
metals are separated from the less
valuable rock, to yield a product which
is higher in metal content. To
accomplish this, the ore must be
crushed and ground small enough so
that each particle contains mostly the
mineral to be recovered or mostly the
less valuable, or gangue, material.
Valuable minerals are separated from
the gangue by gravity concentration,
magnetic separation, electrostatic
separation, flotation, and leaching.
(2) Significant Materials. Significant
materials generated by most extraction
activities at surface mines include
overburden piles, waste rock piles, ore
and subore piles, and materials spilled
from loading and unloading activities.
Other exposed materials that can be
generated at these types of operations
(as well as other metal mines), include:
tailings from flotation and other
separation stages; soils impacted by
fugitive dust emissions; settling ponds
that receive process wastewaters;
dredged sediment disposal areas; as
well as raw material and product
storage. Dust and particulate matter
collected in air pollution control
mechanisms may also be disposed of in
onsite waste piles.
(3) Materials Management Practices.
Materials management practices at
surface mines are typically designed to
control dust emissions and soil erosion
from extraction activities, and offsite "
transport of significant materials.
Settling ponds and impoundments are
commonly used to reduce total
suspended solids (TSS), total dissolved
solids (TDS), and other contaminants in
process generated wastewaters. These
controls may also be used to manage
storm water runoff and runon with
potentially few alterations to onsite
drainage systems. Few sampling
facilities indicated the presence of
traditional BMPs. Only 29 percent of the
sampling facilities have ponds or
impoundments as a storm water control.
Tailings impoundments are used to
manage tailings generated at facilities
engaged in flotation or heavy media
separation operations. These
impoundments are used to manage
beneficiation/processing wastewaters
generated at the facility and may also be
used to manage storm water runoff.
b. Underground Mining. Underground
mining techniques are used to access
metals located too far underground to
access economically from the surface.
Though typically a more expensive form
of extraction, advantages to /
underground mining operations include
year-round operation, less noise
(applicable to facilities located near
residential areas), and less surface land
disturbance. The two main underground
mining methods are stoping and caying.
Both of these methods can be used in
several variations depending on the
characteristics of the ore body. Common
stoping methods include cut-and-fill,
' square cut (Umbered), shrinkage, and
open. Caving methods include
undercut, block, and sub-level.
Underground mining is usually
independent of surface mining, but
sometimes underground mining
precedes or follows surface mining.
(1) Industrial Activities/Significant
Materials. Industrial activities that may
be associated with storm water
discharges include: loading/unloading
activities; haul roads; products and
materials storage"; waste piles; and
processing activities. Exposed materials
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associated with surface beneficiation
and processing facilities at underground
mines are similar to those associated
with surface mining facilities.
(2) Materials Management Practices.
Materials management practices for
significant materials at the surface of
underground mining facilities are
similar to those materials management
practices used at surface mining
operations. However, waste rock or mill
tailings are in some cases being returned
to the mine as fill for the mined-out
areas or may be directed to a disposal
basin.
c. Placer Mining. Placer mining is
used to mine alluvial sands and gravels
containing valuable metallic minerals.
Placer deposits are usually mined
exclusively for gold material but smaller
amounts of platinum, tin, and tungsten
may also be recovered. There are three
main placer mining techniques
including dredge, hydraulic, and open
cut methods.
(1) Industrial Activities. The
industrial activities at dredging placer
mines excavate underwater gold
deposits by bueketline, dragline, or by
suction. The excavation devices dig,
wash, and screen gold values which are
then recovered using gravity
concentration methods. Hydraulic
placer mines characteristically use high
pressure water jets to excavate value-
laden gravel banks. The most commonly
used placer mining extraction method is
the open cut. It involves stripping away
topsoil and overburden to expose the
auriferous gravels. The gold bearing
gravels are excavated in sections and
pushed to a placer wash plant for
processing. Gravitational concentration
is the common beneficiating technique
at placer mines.
(2) Significant Materials. Significant
materials generated at placer operations
include overburden, mine development
rock, ore, sub-ore piles, mine waste
dumps, tailings ponds and piles.
Potential natural constituents include
mercury, arsenic, bismuth, antimony,
thallium, pyrite, and pyrrhotite. After
settling, the liquid portion of the slurry
is returned to the mill as process water
and the remaining slurried waste is
pumped to tailings. In placer operations,
however, tailings are disposed of in
streams or on land.
(3) Materials Management Practices.
Settling ponds are used to manage
process wastewaters and are in some
cases being used to manage
contaminated storm water runoff. Few
materials management practices were
indicated in the part 1 group
applications.
a. Inactive Mine Sites. Inactive ore
mining and dressing operations are
those where industrial activities are no
longer occurring. When active, mineral
extraction could have occurred from
surface mines, solution mines, placer
operations, or underground mines.
These sites are included in this section
because significant materials may
remain onsite. These materials, if
exposed, are potential sources of storm
water contamination. Until an inactive
metals mine and/or beneficiation
operation has been reclaimed under
applicable State or Federal laws after
December 17,1990, the site is
considered associated with an
"industrial activity" and is subject to
the conditions of this section. Due to the
seasonal nature of this industry, mine
sites can become temporarily inactive
for extended periods of time.
Temporarily inactive sites are not
viewed.the same as permanently
inactive sites.
2. Pollutants Found in Storm Water
Discharges From Metal Mining
The volume of storm water discharges
and the type and concentrations of
pollutants found in storm water
discharges from active and inactive
metal mining facilities will vary
according to several factors. Such
factors include: geographic location;
hydrogeology; the physical and
chemical characteristics of the ores
extracted; the physical and chemical
characteristics of the waste rock and
overburden removed; how the ore was
extracted (e.g., open pit, underground,
solution or dredging); the type of
industrial activities occurring onsite
(e.g., extraction, crushing, washing,
milling, reclamation, etc.); the size of
the operation; type, duration, and
intensity of precipitation events;
temperature ranges and variations; and
the types of pollutant control measures
used at the site. Each of these, and other
factors will interact to influence the
quantity and quality of storm water
runoff. For example, air emissions (i.e.,
dust) may be a significant source of
pollutants at some facilities, while roads
constructed of waste rock may be a
primary source at others. In addition,
sources of pollutants other than storm
water, such as illicit connections, spills,
and other improperly dumped
materials, may increase the pollutant
loadings discharged into waters of the
United States.
Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the metal mining
(ore mining and dressing) industry into
subsectors to properly analyze sampling
data and determine monitoring
requirements. As a result, this sector has
been divided into the following
subsectors: iron ore; copper ores; lead
and zinc ores, gold and silver ores;
ferroalloy ores, except vanadium; metal
mining services; and miscellaneous
metal ores (including uranium-radium-
vanadium ores). Table G—2 below
includes data for the eight pollutants
that all facilities were required to
monitor for under Form 2F. The table
also lists those parameters that EPA has
determined merit further monitoring.
A table has not been included for the
following subsectors because less than 3
facilities submitted data in that
subsector; iron ores; lead and zinc ores;
gold and silver ores; ferroalloy ores,
except vanadium; metal mining
services; and miscellaneous metal ores
(including uranium-radium-vanadium
ores).
TABLE G-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY COPPER ORE MINING FACILITIES SUBMITTING PART
II SAMPLING DATA! (mg/L)
Pofciiartf
Samptetypo
BOOj ,™ -i..™..^.^ ^_
COO* ...„,.„..,.„„.„„...„„.„„„
NMraJa»K«rt!«Ni«rOQ
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50892 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
3. Options for Controlling Pollutants
From Metal Mines
There are two options for reducing
pollutants in storm water discharges;
end-of-pipe treatment and
implementing Best Management
Practices to prevent and/or eliminate
pollution. Discharges from mining
operations are in some ways dissimilar
to other types of industrial facilities.
Mining facilities are often in remote
locations and may operate only
seasonally or intermittently, yet need
year-round controls .because significant
materials remain exposed to
precipitation when reclamation is not
completed. These characteristics make
resource intensive end-of-pipe
management controls less desirable. A
comprehensive storm water
management program for a given plant
may include controls from each of these
categories. Development of
comprehensive control strategies should
be based on a consideration of site and
facility plant characteristics.
a. Ena-of-Pipe Treatment. At many
ore mining and dressing facilities, it
may be appropriate to collect and treat
the runoff from targeted areas of the
facility. This approach was taken with
11 industrial subcategori.es within the
ore mining and dressing industry,
subject to national effluent limitation
guidelines mill process wastewater and
mine drainage. There are several areas:
where effluent limitation guidelines
influence the permitting strategy for
storm water discharges: whenever storm
water and mill process wastewater and
mine drainage combine, the storm water
discharge is also subject to effluent
limitation guidelines; to meet the
numeric effluent limitation guidelines,
most, if not all, facilities must collect
and temporarily store onsite runoff from
targeted areas of the plant; the effluent
limitation guidelines do not apply to
discharges whenever rainfall events,
either chronic or catastrophic, cause an
overflow of storage devices designed,
constructed, and maintained to contain
a 10-year, 24-hour storm; and most
technology-based treatment standards,
used for treating discharges subject to
effluent limitation guidelines, are based
on relatively simple technologies such
as settling of solids, neutralization, and
drum filtration.
For storm water discharges that are
not covered by the effluent limitations
guidelines, BMPs may be an appropriate
means for limiting pollutant
contributions. However, in cases of poor
quality storm water discharges (e.g., low
pH, high metals, etc.), treatment may be
necessary to protect receiving waters.
b. Best Management Practices.
Effective storm water management
controls for limiting the offsite
discharge of storm water pollutants from
ore mining and dressing facilities are
source reduction BMPs. Source
reduction BMPs are methods by which
discharges of contaminants are
controlled with little or no required
maintenance. Examples of these types of
controls include source reduction
diversion dikes, vegetative covers, and
berms. Source reduction practices are
typically (but not always) low in cost
and relatively easy to implement. In
some instances, more resource intensive
treatment BMPs, including
sedimentation ponds, may be necessary
depending upon the type of discharge,
types and concentrations of
contaminants, and volume of flow.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location,
hydrogeology and the environmental
setting of each facility, and volume arid
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. The management
practices discussed herein are well
suited mechanisms to prevent or control
the contamination of storm water
discharges associated with mining
activity.
The following four categories describe
best management practice options for
reducing pollutants in storm water
discharges from ore mining and dressing
facilities: discharge diversions;
sediment and erosion control; capping
of contaminated sources; treatment.
Because ore mining and dressing is
largely a land disturbance activity,
BMPs that minimize erosion and
sedimentation will be most effective if
installed at the inception of operations
and maintained throughout active
operations and reclamation of the site.
From the construction of access and
haul roads, to closure and reclamation
activities, implementation of BMPs is
often essential to minimizing long-term
environmental impacts to an area.
Part 1 group application data
indicates that few storm water BMPs
have been implemented at sampling
facilities. The group application process
did not require a description of BMP
locations, and did not require applicants
to describe the number of identical
BMPs implemented at each site. As a
result, the effectiveness of BMPs, for
storm water management, at these
facilities cannot be evaluated.
Many BMPs were not listed by
facilities because they have been
implemented to treat waters subject to
effluent limitation guidelines, and are
not exclusively used for storm water
management. For instance, 29 percent of
the sampling subgroup reported using
ponds for sediment control and
collection. Since some facilities
classified as SIC Code 10 are subject to
effluent limitation guidelines,
sedimentation ponds may be
implemented at greater proportions than
indicated in part 1 of the group
applications.
Because BMPs described in the part 1
data are limited, EPA is providing an
overview of supplementary BMPs for
use at ore mining and dressing facilities.
However, due to the site-specific nature
of facilities within this sector, BMPs
cited do not preclude the use of other
viable BMP options. Table G—3
summarizes BMP options as they apply
to land disturbance activities at ore
mining and dressing facilities. Sources
of BMP information include: "Sediment
and Erosion Control; An Inventory of
Current Practices—Draft," EPA, April
20,1990; "Storm Water Management for
Industrial Activities: Developing
Pollution Prevention Plans and Best
Management Practices," EPA,
September, 1992, (EPA 832-R-92-006);
"Best Management Practices for Mining
in Idaho," Idaho Department of Lands,
November 1992; and "Erosion &
Sediment Control Handbook," Goldman
et al., McGraw-Hill Book Company,
1986.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50893
TABLE G-3.—SUMMARY OF MIME AREAS AND APPLICABLE BEST MANAGEMENT PRACTICES
Land-disturbed area
Haul Roads and Ac-
cess Roads.
Pits/Quarries or Un-
derground Mines.
Overburden, Waste
Rock and Raw
Material Piles.
Reclamation
Discharge di-
versions
Dikes, Curbs,
Berms.
Dikes, Curbs,
Berms.
Dikes, Curbs,
Berms.
Dikes, Curbs,
Berms.
Conveyance
systems
Channels, Gut-
ters, Cul-
verts, Rolling
Dips, Road
Sloping,
Roadway
Water De-
flectors.
Channels, Glit-
ters.
Channels, Gut-
ters.
Channels, Gut-
ters.
Runoff disper-
sion
Check Dams,
Rock Outlet
Protection,
Level
Spreaders,
Stream Al-
teration,
Drop Struc-
tures.
Serrated
Slopes,
Benched
Slopes,
Contouring,
Stream Al-
teration.
Serrated
Slopes,
Benched
Slopes,
Contouring,
Stream Al-
teration.
Check Dams,
Rock Outlet
Protection,
Level
Spreaders,
Serrated
Slopes,
Benched
Slopes,
Contouring,
Drain Fields,
Stream Al-
teration,
Drop Struc-
tures.
Sediment con-
trol & collection
Gabions,
Riprap, Na-
tive Rock
Retaining
Walls, Straw
Bale Bar-
riers, Sedi-
ment Traps/
Catch Ba-
sins, Vege-
tated Buffer
Strips.
Sediment Set-
tling Ponds,
Straw Bale
Barrier, Silta-
tion Berms.
Plastic Matting,
Plastic Net-
ting, Erosion
Control Blan-
kets, Mulch-
straw, Com-
paction,
Sediment/
Settling
Ponds, Silt
Fences, Sil-
tation Berms.
Gabions,
Riprap, and
Native Rock
Retaining
Walls,
Bioteohnical
Stabilization,
Straw Bale
Barriers,
Sediment
Traps/Catch
Basins, Veg-
etative Buff-
er Strips, Silt
Fences, Sll-
tatlon
Berms,
Brush Sedi-
ment Bar-
riers.
Vegetation
Seeding, Wil-
low Cutting
Establish-
ment.
Seeding
Topsoiling,
Seedbed
Preparation,
Seeding.
Topsoiling,
Seedbed
Preparation,
Seeding,
Willow Cut-
ting Estab-
lishment.
Containment
Plugging and
Grouting.
Capping
Capping, Plug-
ging and
Grouting.
Treatment
Chemical/
Physical
Treatment.
Chemical/
Physical
Treatment,
Artificial
Wetlands.
Chemical/
Physical
Treatment,
Wetlands.
Haul Roads and Access Roads—
Placement of haul roads or access roads
should occur as far as possible from
natural drainage areas, lakes, ponds,
wotlands or floodplains where soil will
naturally be less stable for heavy vehicle
traffic. If a haul road must be
constructed near water, as little
vegetation as possible should be
removed from between the road and the
waterway, as vegetation is a useful
buffer against erosion and is an efficient
sodlmont collection mechanism. The
width and grade of haul or access roads
should be minimal and should be
designed to match natural contours of
the area. Construction of haul roads
should be supplemented by BMPs that
divert runoff from road surfaces,
minimize erosion, and direct flow to
appropriate channels for discharge to
' treatment areas.
. Pits or Quarries—Excavation of a pit
or quarry must be accompanied by
BMPs to minimize impacts to area
surface waters. As discussed in
construction of haul roads, as little
vegetation as possible should be
removed from these areas during
excavation activities to minimize
exposed soils. In addition, stream
channels and other sources of water that
may discharge into a pit or quarry
should be diverted around that area to
prevent contamination.
BMPs can be used to control total
suspended solids levels in runoff from
unvegetated areas. These can include
sediment/settling ponds, check dams,
silt fences, and straw bale barriers.
Overburden, Waste Rock, and Raw
Material Piles—Overburden, topsoil,
and waste rock, as well as raw material
and intermediate and final product
stockpiles should be located away from
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50894 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 7 Notices
surface waters and other sources of
water, and from geologically unstable
areas. If this is not practicable, surface
water should be diverted around the
piles. As many piles as possible should
be revegetated, (even if only on a
temporary basis.) At closure, remaining
units should be reclaimed.
Reclamation Activities—When a
mineral deposit is depleted and
operations cease, a mine site must be
reclaimed according to appropriate State
or Federal standards. Closure activities
typically include restabilization of any
disturbed areas such as access or haul
roads, pits or quarries, sedimentation
ponds or work-out pits, and any
remaining waste piles. Overburden and
topsoil stockpiles may be used to fill in
a pit or quarry (where practical.)
Recontouring and revegetation should
be performed to stabilize soils, and
prevent erosion.
Major reclamation activities such as
recontouring roads and filling in a pit or
quarry can only be performed after
operations have ceased. However,
reclamation activities such as
stabilization of banks, and reseeding
and revegetation should be
implemented in mined out portions, or
inactive areas of a site as active mining
moves to new areas.
EPA recognizes that quarries are
frequently converted into reservoirs, or
recreational areas, after the mineral
deposit is depleted. However, this does
not preclude the reclamation of
disturbed areas above the quarry rim.
(1) Discharge Diversions. Discharge
diversions provide the first line of
defense in preventing the contamination
of discharges, and subsequent
contamination of receiving waters of the
United States. Discharge diversions are
temporary or permanent structures
installed to divert flow, store flow, or
limit storm water runon and runoff.
These diversion practices have several
objectives. First, diversion structures
can be designed to prevent otherwise
uncontaminated (or less contaminated)
water from crossing disturbed areas or
areas containing significant amounts of
contaminated materials, where contact
may occur between runon and
significant materials. These source
reduction measures may be particularly
effective for metal mining facilities to
prevent runon of uncontaminated
discharges from contacting exposed
materials and/or reduce the flow across
disturbed areas, thereby lessening the
potential for erosion. Second, diversion
structures can be used to collect or
divert waters for later treatment, if
necessary. The usefulness of these
control measures are limited by such
factors as the size of the area to be
controlled and the type and nature of
materials exposed and precipitation
events.
Diversion dikes, curbs, andberms are
temporary or permanent diversion
structures that prevent runoff from
passing beyond a certain point, and
divert runoff away from its intended
path. Dikes, curbs or berms may be used
to surround and isolate areas of concern
at metal mining sites, diverting flow
around piles of overburden, waste rock,
and storage areas, to minimize discharge
contact with contaminated materials
and to limit discharges of contaminated
water from confined areas. The BMPs
described below may be useful for storm
water diversion at metal mining sites.
Channels or Gutters-^-Channels or
gutters collect storm water runoff and
direct its flow. Channels or gutters may
act to divert runoff away from a
potential source of contamination, but
may also be used to channel runoff to
a collection and/or treatment area
including settling ponds, basins or
work-out pits.
Open Top Box Culverts and
Waterbars—These structures are
temporary or permanent structures that
divert water from a roadway surface.
Open top box culverts may be used on
steeply graded, unpaved roads in place
of pipe culverts to divert surface runoff
and flow from inside ditches onto the
downhill slope of a road. These
structures are typically made of wood
and should periodically be monitored
and repaired if necessary.
Rolling Dips and Road Sloping-
Rolling dips and road sloping are
permanent water diversion techniques
installed using natural contours of the
land during road construction. These
BMPs prevent water accumulation on
road surfaces and divert surface runoff
toward road ditches, which then convey
the storm water to ponds or other
management areas.
Roadway Surface Water Deflector—A.
roadway surface water deflector is
another technique to prevent
accumulation of water on road surfaces.
The structure uses a conveyor belt
sandwiched between two pieces of
treated wood and placed within the
road to deflect water. This is a useful
technique for steeply graded, unpaved
roads.
Culverts—Culverts are permanent
surface water diversion mechanisms
used to convey water off or underneath
a road. Made of corrugated metal, they
must extend across the entire width of
the road and beyond the fill slope.
Additional erosion control mechanisms
may need to be installed at the
discharge end of the culvert.
Drainage systems are most effective
when used in conjunction with runoff
dispersion devices designed to slow the
flow of water discharged from a site.
These devices also aid storm water
infiltration into the soil and flow
attenuation. Some examples of velocity
dissipation devices include check dams,
rock outlet protection, level spreaders,
and serrated and benched slopes.
Check Dams—Check, dams are small
temporary dams constructed across
swales or drainage ditches to reduce the
velocity of runoff flows, thereby
reducing erosion and failure of the
swale or ditch. This slowing reduces
erosion and gullying in the channel and
allows sediments to settle.
Rock Outlet Protection—Rock.
protection placed at the outlet end of
culverts, channels, or ditches reduces
the depth, velocity, and destructive
energy of water such that the flow will
not erode the downstream reach.
Level Spreaders—Level spreaders are
outlets for dikes and diversions
consisting of an excavated depression
constructed at zero grade across a slope.
Level spreaders diffuse storm water
point sources and release it onto areas
stabilized by existing vegetation.
Serrated Slopes and Benched
Slopes—These runoff dispersion
methods break up flow of runoff from a
slope, decreasing its ability to erode.
Serrated and benched slopes provide
flat areas that allow water to infiltrate,
and space for vegetation to grow and
reinforce soils.
Contouring—Surface contouring is the
establishment of a rough soil surface
amenable to revegetation, through
creating horizontal grooves,
depressions, or steps that run with the
contour of the land. Surface roughening
aids in the establishment of vegetative
cover by reducing runoff velocity and
giving seed an opportunity to take hold
and grow.
Drain Fields—Drain fields are used to
prevent the accumulation of water and/
or ground water at a site, by diverting
infiltrating sources through gravity flow
or pumping.
Stream Alteration—Altering or
channelizing the path of a stream to
bypass all or some disturbed areas on a
site allows additional mining activities
and avoids contamination of stream
water by disturbed lands. This practice
is complicated, however, by the need to
restore the channel when mining
operations end.
Drop Structures—Drop structures .are
large angular rocks placed in a V-shaped
pattern to slow the velocity of storm
water runoff. These structures are
typically reinforced by logs or large,
rocks imbedded in the streambanks.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50895
(2) Erosion and Sediment Controls.
Erosion and sediment controls limit
movement and retain sediments from
being transported offsite. Several
structural collection devices have been
developed to remove sediment from
runoff before it leaves the site. Several
methods of removing sediment from site
runoff involve diversion mechanisms
previously discussed, supplemented by
a trapping or storage device. Structural
practices typically involve filtering
diffuse storm water flows through
temporary structures such as straw bale
dikes, silt fences, brush barriers or
vegetated areas.
Structural practices are typically low
in cost. However, structural practices
require periodic removal of sediment to
remain functional. As such, they may
not bo appropriate for permanent use at
inactive mines. However, these
practices may be effectively used as
temporary measures during active
operation and/or prior to the final
implementation of permanent measures.
(a) Structural Practices.
(i) Sediment/Settling Ponds—
Sediment ponds function as sediment
traps by containing runoff for long
periods of time, allowing suspended
solids to settle. These structures can
achieve a high removal rate of sediment
for both process wastewater and storm
water discharges.
Discharge ponds may also be designed
to act as surge ponds which are
designed to contain storm surges and
then completely drain in about 24 to 40
hours, and remain dry during times of
no rainfall. They can provide pollutant
removal efficiencies that are similar to
those of detention ponds.45
(U) Gabions, Riprap, and Native Rock
Retaining Walls—'these BMPs are all
forms of slope stabilization. Gabions
consist of rocks (riprap) contained by
rectangular wire boxes or baskets for use
as permanent erosion control structures.
Riprap consists of loose rocks placed
along embankments to prevent erosion.
(Hi) Biotechnical Stabilization—
Biotochnical stabilization uses live
brush imbedded in the soils of a steep
slope to prevent erosion. This method
relies on the premise that the imbedded
vegetation wfll eventually root and help
stabilize the slope.
(iv) Straw Bale Barrier—Straw bales
may be used as temporary berms,
barriers, or diversions, capturing
sediments, filtering runoff. When
installed and maintained properly, these
barriers remove approximately 67
percent of the sediment load.46
(v) Sediment Traps or Catch Basins—
These temporary or permanent
structures are useful for catching and
storing sediment laden storm water
runoff and are particularly useful during
construction activities to contain runoff.
The effectiveness of these BMPs is better
in smaller drainage basin areas.
Sediment traps are less than 50 percent
effective in removing sediment from
storm water runoff.47
(vi) Vegetated Buffer Strips—The
installation of vegetated buffer strips
will reduce runoff and prevent erosion
at a removal efficiency rate of 75 to 99
percent depending upon the ground
cover.48
(vii) Silt Fence/Filter Fence—A low
fence made of filter fabric, wire and
steel posts, should be used on small
ephemeral drainage areas where storm
water collects or leaves a mine site. Silt
fences remove 97 percent of the
sediment load and are easier to maintain
and remove without creating lasting
impacts to the environment.48
(via) Siltation Berms—Siltation berms
are typically placed on the downslope
side of a disturbed area to act as an
impermeable barrier for the capture and
retention of sediments in surface water
runoff. Plastic sheeting is typically used
to cover the berm. The berm and the
plastic sheeting may require periodic
maintenance and repair.
(ix) Brush Sediment Barriers—Brush
barriers are temporary sediment barriers
composed of tree limbs, weeds, vines,
root mat, soil, rock and other cleared
materials placed at the toe of a slope. A
brush barrier is effective only for small
drainage areas, usually less than V* acre,
where the slope is minimal.
(b) Stabilization—Stabilization
practices involve establishing a
sustainable ground cover by permanent
seeding, mulching, sodding, and other
such practices. A vegetative cover
reduces the potential for erosion of a
site by: absorbing the kinetic energy of
raindrops which would otherwise
impact soil; intercepting water so it can
infiltrate into the ground instead of
running off and carrying contaminated
discharges; and by slowing the velocity
of runoff to promote onsite deposition of
41 "Urban Targeting and BMP Selection," EPA,
Roglon V, November 1990.
•""Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-14.
47 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-26.
""Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-7.
40 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-15.
sediment. Stabilization controls are
often the most important measures
taken to prevent offsite sediment
movement, and can provide a six-fold
reduction in the discharge of suspended
sediment levels.50 Permanent seeding
has been found to be 99 percent
effective in controlling erosion for
disturbed land areas.51 Many states
require that topsoil be segregated from
other overburden for use during
reclamation. While stored, topsoil
stockpiles should be vegetated. This
temporary form of vegetation can often
be used for other piles of stored
materials and for intermittent/seasonal
operations.
Typically, the costs of stabilization
controls are low relative to other
discharge mitigation practices. Given
the limited capacity to accept large
volumes of runoff, and potential erosion
problems associated with large
concentrated flows, stabilization
controls should typically be used in
combination with other management
practices. These measures have been
documented as particularly appropriate
for mining sites.
(i) Topsoiling, Seedbed Preparation—
The addition of a layer of topsoil or
plant growth material provides an
improved soil medium for plant growth.
Seedbed preparation may include the
addition of topsoil ingredients to be
mixed in with soils used for seedbed
preparation.
(ii) Broadcast Seeding and Drill
Seeding—Seeding and vegetative
planting are methods used to revegetate
an area. Broadcast seeding spreads seeds
uniformly, by hand or machine, to steep
sloped or rocky areas, flat surfaces, and
areas with limited access.
(Hi) Willow Cutting Establishment—
Willow cutting establishment describes
a method of soil stabilization useful for
stream banks and other areas located
adjacent to water. Similar to
biotechnical stabilization, willow
cuttings are used to promote growth in
an area needing stabilization. Willow
cuttings are typically used to reinforce
a streambank or other moist area.
(iv) Plastic Matting, Plastic Netting,
and Erosion Control Blankets—These
BMPs are used to protect bare soils to
control dust and erosion. Mats and
blankets help to promote vegetative
growth by maintaining moisture and
heat within the soil.
50 "Performance of Current Sediment Control
Measures at Maryland Construction Sites," January
1990, Metropolitan Washington Council of
Governments, page X.
51 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-4.
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50896
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
(v) Mulch-straw or Wood Chips—
Mulches and wood chips are useful
temporary covers for bare or seeded
soils, with an erosion control
effectiveness rating of 75 to 98
percent,52 Like matting, mulch-straw or
wood chips help soils retain moisture
and warmth to promote vegetative
growth.
(vi) Compaction—Soil compaction
using a roller or other heavy equipment
increases soil "strength" by increasing
its density. More dense soil is less prone
to erosion and long-term soil settlement.
(3) Capping, In some cases, the
elimination of a pollution source
through capping contaminant sources
may be the most cost effective control
measure for discharges from inactive ore
mining and dressing facilities.
Depending on the type of management
practices chosen the cost to eliminate
the pollutant source may be very high.
Once completed, however, maintenance
costs will range from low to
nonexistent.
Capping or sealing of waste materials
is designed to prevent infiltration, as
well as to limit contact between
discharges and potential sources of
contamination. Ultimately, capping
should reduce or eliminate the
contaminants in discharges. In addition,
by reducing infiltration, the potential for
seepage and leachate generation may
also be lessened.
EPA has identified a wide variety of
best management practices (BMPs) that
may be used to mitigate discharges of
contaminants at active.and inactive
metal mines. Many of the practices
focus on sediment and erosion control
and are similar to BMPs used in the
construction industry. These controls to
prevent erosion and control
sedimentation are the most effective if
they are installed at the inception of
operations and maintained throughout
active operations and reclamation of the
site. For more details on the use and
implementation of these practices the
reader is encouraged to obtain a copy of
one or more of the many good sediment
and erosion control books available on
the market.53 In some cases (e.g., low pH
and/or high metals concentrations),
BMPs, and sediment and erosion
controls may not be adequate to produce
an acceptable quality of storm water
52 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft;" EPA, April 20,1990.
53 "Best Management Practices for Mining in
Idaho," Idaho Department of State Lands,
November 1992; "Storm Water Management for
Construction Activities: Developing Pollution
Prevention Plans and Best Management Practices,"
EPA, September 1992 (EPA 832-R-92-005); and
"Erosion & Sediment Control Handbook," Goldman
et al., McGraw-Hill Book Company, 1986.
discharge. Under those circumstances
additional physical or chemical
treatment systems may be necessary to
protect the receiving waters.
(4) Treatment. Treatment practices are
those methods of control which
normally are thought of as being applied
at the "end of the pipe" to reduce the
concentration of pollutants in water
before it is discharged. This is in
contrast to many BMPs, where the
emphasis is on keeping the water from
becoming contaminated. Treatment
practices may be required where flows
are currently being affected by exposed
materials and other BMPs are
insufficient to meet discharge goals.
These practices are usually the most
resource intensive, as they often require
significant construction costs, and
monitoring and maintenance on a
frequent and regular basis. Treatment
options may range from high
maintenance controls to low
maintenance controls. High
maintenance treatment techniques
require manpower to operate and
maintain the BMP. Low maintenance
cost techniques have initial capital costs
but operate with low long-term
maintenance after being implemented.
At a few sites, treatment measures other
than high maintenance measures may be
appropriate to address specific
pollutants.
(a) Chemical/Physical Treatment—An
example of a high maintenance
technology that is found at many active
metal mining facilities is chemical/
physical treatment. The most common
type of chemical/physical treatment
involves the addition of lime or other
such caustics to neutralize the
discharges and/or precipitate metals.
Metals may be removed from
wastewater by raising the pH of the
wastewater to precipitate them out as
hydroxides.
(b) Oil/Water Separators—Another
example of a high maintenance
treatment technology is an oil/water
separator. An American Petroleum
Institute (API) oil/water separator or,
similar type of treatment device which
acts to skim oil and settle sludge can be
used to remove oil from water.
(c) Artificial Wetlands—This type of
BMP system can be an effective system
for improving water quality either alone
or in conjunction with other treatment
practices. Wetland processes are able to
filter sediments, and absorb and retain
chemical and heavy metal pollutants
through biological degradation,
transformation, and plant uptake.
Natural wetlands should not be
considered as part of the treatment
system because they are considered to
be waters of the United States. The
necessary controls, or BMPs, must be
provided prior to discharging the storm
water runoff to natural wetlands or
other receiving waters.
In summary, a wide variety of BMPs
are available for use at active and
inactive metallic mining and milling
facilities. These measures range from
simple low cost, low maintenance
source reduction practices such as
diversion structures to high cost,
maintenance intensive practices such as
wetlands treatment. Clearly, the
selection of a practice or group of
practices will be site-specific depending
on conditions and potential impacts as
well as the resources available at each
site. A specific best available technology
(or technologies) cannot be determined
because of the differences between sites
and the quantities and characteristics of
their discharges.
(4) Discharges Covered Under This
Section
Coverage under this section of today's
permit is limited to all storm water
discharges from inactive metal mining
facilities and storm water discharges
from the following areas of active metal
mining facilities: topsoil piles; offsite
haul/access roads if off active area;
onsite haul roads if not constructed of
waste rock or spent ore, and mine water
is not used for dust control; runoff from
tailings dams/dikes when not
constructed of waste rock/tailings and
no process fluids are present;
concentration building, if no contact
with material piles; mill site, if no
contact with material piles; chemical
storage area; docking facility, if no
excessive contact with waste product;
explosive storage; reclaimed areas
released from reclamation bonds prior
to December 17,1990; and partially/
inadequately reclaimed areas or areas
not released from reclamation bonds.
Storm water discharges, or mine
drainage discharges, which are subject
to existing effluent limitations
guidelines addressing storm water (or a
combination of storm water and non-
storm water) cannot be covered by this
section. The effluent limitations
guidelines that apply to active metal
mining operations are contained in 40
CFR Part 440, Ore Mining and Dressing
Point Source Category. These effluent
guidelines include specific numeric
limitations for mine drainage and
discharges from mills, or "no discharge"
requirements. Table G—4 identifies the
discharge and source of the discharge
from active metal mining facilities, that
are subject to process wastewater
limitations, mine drainage limitations,
and storm water reporting requirements.
Storm water discharges that are eligible
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 50897
for coverage under today's permit are
identified under the coverage section of
tho permit. At all metal mining
facilities, coverage under this section
does not include adit drainage or
contaminated springs or seeps. Table G-
4 clarifies the applicability of the
Effluent Limitations Guidelines found
in 40 CFR Part 440. This table does not
expand or redefine these Effluent
Limitations Guidelines.
TABLE G-4.—APPLICABILITY OF 40 CFR PART 440 EFFLUENT LIMITATIONS GUIDELINES TO STORM WATER RUNOFF
FROM ACTIVE ORE (METAL) MINING AND DRESSING SITES
Discharge/source of discharge
Applicable ELG,
if any (see key)
Note/comment
Land application area runoff
Crusher area
Piles (seepage and/or runoff):
Spent ore
Surge/Ore
Waste rock/overburden
TopsoM
Drainage:
Pit drainage (unpumped)
Pit drainage (removed by pumping)
Mine water from underground mines (unpumped),1 adit
discharges.
Mine water from underground mines (pumped)
Seeps/French drains
Roads constructed of waste rock or spent ore:
Onsite haul roads
Offsite haul/access roads
Roads not constructed of waste rock or spent ore:
Onsite haul roads
Olfsite haul/access roads
Milting/concentrating:
Tailings Impoundment/pile
Runoff from tailings dams/dikes when constructed of
waste rock/tailings.
Runoff from taillr>gs,dams/dikes when not constructed of
waste rock/tailings.
Heap leach pile runoff/seepage
Pregnant pond (barren and surge ponds also)
Polishing pond
Concentration building
Concentrate pile (product storage)
MiltsRe
Ancillary areas:
Office/administrative building and housing
Chemical storage area
Docking facility
Explosive storage
Fuel storage (oil tanks/coal piles)
VeWcfe/equiprnent maintenance area/building
Parking areas
Power plant
Truck wash area
Reclamation-related areas:
Any disturbed area (unreclaimed)
Reclaimed areas released from reclamation bonds after
Dec. 17 1990.
Reclaimed areas released from reclamation bonds;prior
to Dec. 171990.
Partially/inadequately reclaimed areas or areas not re-
leased from reclamation bond.
MD
MD
MD
MD
MD
SW
MD
MD
MD
MD
MD
MD
SW
SW
SW
PW
MD
SW
PW
PW
PW
SW
PW
SW
UC
SW
SW
SW
SW
SW
SW
SW
SW
MD
UC
SW
SW
PW—if Process fluids present.
PW—if Process fluids present.
PW—if Process fluids present.
PW—if Process fluids present.
PW—if Process fluids present.
(if off Active Area).
MD—if dust control with MD water.
PW—if Process fluids present.
PW—if Process fluids present.
If storm water only, and no contact with piles.
Same as concentration bldg.
Unless mixed with SW from industrial area, then SW.
Excessive contact with waste product could constitute MD.
UC if only employee and visitor type parking.
Excessive contact with waste product could constitute MD.
SW if inactive area.
KEY: UC—Unclassified; Not Subject to Storm Water Program or 40 CFR Part 440 Effluent Limitations Guidelines (ELG); MD—Subject to 40
CFR Part 440 ELG for mine drainage; PW—Subject to 40 CFR Part 440 ELG for mill discharge or process (including zero discharge ELG);
SW—Storm water runoff from these sources are subject to the Storm Water Program, but are not subject to 40 CFR 440 ELG unless mixed with
discharges subject to the 440 CFR 440 ELG that are not regulated by another permit prior to mixing. Non-storm water discharges from these
sources are subject to NPDES permitting and may be subject to the effluent limitation guidelines under 40 CFR 440.
Temporarily inactive (e.g., winter
closure, and portions of active mines
that aro no longer being mined, and
whore reclamation has not begun) mines
will bo permitted as an active mine. The
following definitions apply to this
section and are intended to provide
clarification as to what is considered
active, inactive, and temporarily
inactive:
The following definitions are only for
this section of today's permit and are
not intended to supersede the
definitions of active and inactive mining
facilities established by 40 CFR
"Active Metal Mining Facility" is a
place where work or other related
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activity to the extraction, removal, or
recovery of metal ore is being
conducted. With respect to surface
mines, an "active metal mining facility"
does not include any area of land on or
in which grading has been completed to
return the earth to a desired contour and
reclamation work has begun.
"Inactive Metal Mining Facility"
means a site or portion of a site where
metal mining and/or milling activities
occurred in the past but is not an active
metal mining facility, as defined in this
permit and that portion of the facility
does not have an active mining permit
issued by the applicable (federal or
state) government agency that
authorizes mining at the site.
"Temporarily Inactive Metal Mining
Facility" means a site or portion of a site
where metal mining and/or milling
activities occurred in the past, but
currently are not being actively
undertaken, and the facility has an
active mining permit issued by the
applicable (federal or state)
governmental agency that authorizes
mining at the site.
Operators of storm water discharges
from mining related industrial activities
such as vehicle maintenance, or power
plants should refer to the appropriate
sections of today's permit for specific
guidance or requirements. Clearing,
grading, and excavation activity that
disturbs 5 or more acres during the
exploration or preparation for beginning
active mining operations cannot be
covered by this section. Coverage for
this type of pre-mining activity can be
covered by EPA's general permit for
storm water discharges from
construction activities or an applicable
State-issued permit. Land disturbance
activities associated with the active
mining operations such as expansion of
existing pits, can be covered by this
section.
5. Storm Water Pollution Prevention
Plan Requirements
All facilities subject to this section
must prepare and implement a storm
water pollution prevention plan. The
establishment of a pollution prevention
plan requirement reflects EPA's
decision to allow operators of ore
mining and dressing facilities to utilize
BMPs as the BAT/BCT level of control
for the storm water discharges covered
by this section. The requirements
included in pollution prevention plans
provide a flexible framework for the,
development and implementation of site
specific controls to minimize pollutants
in storm water discharges. This ;
approach is consistent with the
approach used in the baseline general
permits finalized on September 9,1992
(57 FR 41236).
Pollution prevention can be an
effective approach for controlling
contaminated storm water discharges
from metal mining facilities. Pollution
prevention plans allow the operator of
a facility to select BMPs based on site-
specific considerations such as: facility
size; climate; geographic location;
hydrogeology; the environmental setting
of each facility; and volume and type of
discharge generated. This flexibility is
necessary because each facility will be
unique in that the source, type, and
volume of contaminated surface water
discharges will differ from site to site.
In addition, EPA believes that the
adoption of BMPs reduces
environmental impacts by minimizing
land disturbed areas susceptible to
storm water runoff. Early
implementation and maintenance of
BMPs facilitates ongoing reclamation
activities, reducing final reclamation
costs associated with site closure. BMPs
are also effective at temporarily or
permanently inactive mine sites.
There are two major objectives to a
pollution prevention plan: 1) to identify
sources of pollution potentially affecting
the quality of storm water discharges
associated with industrial activity from
a facility; and 2) to describe and ensure
implementation of practices to
minimize and control pollutants in
storm water discharges associated with
industrial activity from a facility.
Specific requirements for a pollution
prevention plan for ore mining and
dressing facilities are described below.
These requirements must be
implemented in addition to the baseline
pollution prevention plan provisions
discussed previously.
a. Active and Temporarily Inactive
Metal Mining Facilitie$.
(1) Description of Mining Activities.
The storm water pollution prevention
plan shall provide a narrative
description of the mining and associated
activities taking place at the site which
affect or may affect storm water runoff
intended to be covered by this section.
The narrative description shall report
the total acreage within the mine site, an
estimate of the acreage of land currently
disturbed, and an estimate of the total
acreage that will be disturbed
throughout the life of the mine. A
general description of the mining site
relative to major transportation routes
and communities shall also be provided.
(2) Description of Potential Pollution
Sources. Each storm water pollution
prevention plan must describe
activities, materials, and physical
features of the facility that may
contribute to storm water runoff or, •
during periods of dry weather, result in
dry weather flows and mine pump out.
This assessment of storm water
pollution will support subsequent
efforts to identify and set priorities for
necessary changes in materials,
materials management practices, or site
features, as well as aid in the selection
of appropriate structural and
nonstructural control techniques. In
addition to the baseline general
requirements storm water pollution
prevention plans must describe the
following elements:
(a) Drainage—The plan must contain
a map of the site that shows the pattern
of storm water drainage, structural
features that control pollutants in storm
water runoff54 and process wastewater
discharges (including mine drainage),
surface water bodies (including
wetlands), places where significant
materials 55 are exposed to rainfall and
runoff, and locations of major spills and
leaks that occurred in the 3 years prior '
to the date of the submission of a Notice
of Intent (NOT) to be covered under this
permit. The map also must show areas
where the following activities take
place: fueling, vehicle and equipment
maintenance and/or cleaning, loading
and unloading, material storage
(including tanks or other vessels used
for liquid or waste storage), material
processing, waste disposal, haul roads,
access roads, and rail spurs. The site
map must also indicate the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls (e.g. storm water and air
conditioner condensate). hi order to
increase the readability of the map, the
inventory of the types of discharges
contained in each outfall may be^kept as
an attachment to the site map.
(b) Inventory of Exposed Materials—
Facility operators are required to
carefully conduct an inspection of the
site and related records to identify
significant materials that are or may be
exposed to storm water. The inventory
54 Nonstructural features such as grass swales and
vegetative buffer strips also should be shown.
55 Significant materials include, "* * * but [are]
not limited to: raw materials, fuels, materials such
as solvents, detergents, and plastic pellets; finished
materials such as metallic products; * * * .
hazardous substances designated under section
101(14) of CERCLA; any chemical facilities required
to report pursuant to section 313 of title III of
SARA; fertilizers; pesticides; and waste products
such as ashes, slag, and sludge that have the
potential to be released with storm water discharge"
(40 CFR 122.26(b)(12)). Significant materials
commonly found at mining facilities include:
overburden; raw materials; waste rock piles;
tailings; petroleum based products; solvents and
detergents; heap leach pads; tailings piles/ponds,
both proposed and existing; and manufactured
products, waste materials or by-products used or
created by the facility.
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50899
must address materials that within 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit have been handled,
stored, processed, treated, or disposed
of in a manner to allow exposure to
storm water. Findings of the inventory
must be documented in detail in the
pollution prevention plan. At a
minimum, the plan must describe the
method and location of onsite storage or
disposal; practices used to minimize
contact of materials with rainfall and
runoff; existing structural and
nonstructural controls that reduce
pollutants in storm water runoff;
existing structural controls that limit
process wastewater discharges; and any
treatment the runoff receives before it is
discharged to surface waters or a
separate storm sewer system. The
description must be updated whenever
there is a significant change in the types
or amounts of materials, or material
management practices, that may affect
the exposure of materials to storm
water.
In addition, any existing ore or waste
rock/overburden characterization data,
including results of testing for acid rock
generation potential must be included
in the pollution prevention plan. The
intent is to get an idea of the pollutants
(e.g., heavy metals) that may be present
in the ore and waste rock/overburden.
(3) Measures and Controls. Following
completion of the source identification
and assessment phase, the permittee
must evaluate, select, and describe the
pollution prevention measures, best
management practices (BMPs), and
other controls that will be implemented
at the facility. The permittee must assess
the applicability of the following BMPs
for their site: discharge diversions,
drainage/storm water conveyance
systems, runoff dispersions, sediment
control and collection mechanisms,
vegetation/soil stabilization, capping of
contaminated sources, and treatment of
storm water discharges. In addition,
BMPs include processes, procedures,
schedules of activities, prohibitions on
practices, and other management
practices that prevent or reduce the
discharge of pollutants in storm water
runoff.
The pollution prevention plan must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each will address the
potential sources of storm water
pollution. The plan also must include a
schedule specifying the time or tunes
during which each control or practice
will be implemented. In addition, the
plan should discuss ways in which the
controls and practices relate to one
another and, when taken as a whole,
produce an integrated and consistent
approach for preventing or controlling
potential storm water contamination
problems.
Under the inspection requirements of
the pollution prevention plan, operators
of active facilities are required to
conduct monthly visual inspections of
BMPs and designated equipment and
mine areas. Owner/operators of
temporarily inactive mining sites are
required to conduct quarterly
inspections. If weather conditions make
the mine site inaccessible, the quarterly
inspection will not be required. Active
mining sites have frequent inspection
periods because members of the ,
pollution prevention team will be
onsite, and the fact that they are active
means there is a greater potential for
pollution. The inspections shall
include: (1) an assessment of the
integrity of storm water discharge
diversions, conveyance systems,
sediment control and collection
systems, and containment structures; (2)
visual inspections of vegetative BMPs,
serrated slopes, and benched slopes to
determine if soil erosion has occurred;
and (3) visual inspections of material
handling and storage areas and other
potential sources of pollution for
evidence of actual or potential pollutant
discharges of contaminated storm water.
Under the employee training
requirements of the pollution
prevention plan, facility operators are
required to conduct employee training
programs at least annually. The intent of
this frequency is to provide a reminder
to the employees of the requirements of
the storm water pollution prevention
plan.
(4) Non-storm Water Discharges. Each
pollution prevention plan must include
a certification, signed by an authorized
individual, that discharges from the site
have been tested or evaluated for the
presence of non-storm water discharges,
including discharges that are subject to
40 CFR Part 440. The certification must
describe possible significant sources of
non-storm water, the results of any test
and/or evaluation conducted to detect
such discharges, the test method or
evaluation criteria used, the dates on
which tests or evaluations were
performed, and the onsite drainage
points directly observed during the test
or evaluation. Pollution prevention
plans must identify and ensure the
implementation of appropriate pollution
prevention measures for the non-storm
water discharge.
Under the non-storm water discharge
section of the pollution prevention plan,
EPA will allow non-storm water
discharges that mix with storm water
under this section provided that the
plan includes a certification that any
non-storm water discharge which mixes
with storm water is subject to a separate
NPDES permit that applies applicable
effluent limitations prior to the mixing
of non-storm water and storm water. In
such cases, the certification shall
identify the non-storm water
discharge(s), the applicable NPDES
permit(s), the effluent limitations placed
on the non-storm water discharge by the
NPDES permit(s), and the point(s) at
which the limitations are applied. In
addition, Part IILA.2 of today's permit
discusses non-storm water discharges
that may be eligible for coverage under
the permit.
b. Inactive Metal Mining Facilities
(1) Pollution Prevention Team. The
storm water pollution prevention plan
must identify specific ihdividual(s) who
are responsible for the development,
implementation, maintenance, and
revision of the pollution prevention
plan. The plan shall clearly identify the
responsibilities of each team member.
The activities and responsibilities of the
team shall address all aspects of the
storm water pollution prevention plan
at the inactive facility. Members of the
pollution prevention team do not have
to be permanently located at the
inactive facility, such as the
requirement for any active facility.
(2) Description of Mining Activities.
The storm water pollution prevention
plan shall provide a narrative
description of the mining and associated
activities that took place at the site. The
narrative description shall report the
approximate dates of operation, total
acreage within the mine site and/or
processing site, an estimate of the total
acreage disturbed, and the activities
(reclamation, etc.) that are currently
taking place at the facility. A general
description of the mining site relative to
major transportation routes and
communities shall also be provided.
(3) Description of Potential Pollution
Sources. Each storm water pollution
prevention plan must describe
activities, materials, and physical
features of the facility that may
contribute to storm water runoff or,
during periods of dry weather, result in
dry weather flows. This assessment of
storm water pollution will support
subsequent efforts to identify and set
priorities for necessary changes in
materials, materials management
practices, or site features, as well as aid
in the selection of appropriate structural
and nonstructural control techniques. In
addition to the baseline general
requirements storm water pollution
prevention plans must describe the
following elements:
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
(3) Drainage—The plan must contain
a map of the site that shows the pattern
of storm water drainage, structural
features that control pollutants in storm
water runoff56 and process wastewater
discharges (including mine drainage),
surface water bodies (including
wetlands), places where significant
materials57 are exposed to rainfall and
runoff. The map also must show the
location of the following: any remaining
equipment storage, fueling, and
maintenance areas; areas used for
outdoor manufacturing, storage, or
disposal of materials; the boundaries of
former mining and milling sites; the
location of each storm water outfall and
an outline of the portions of the
drainage area that are within the facility
boundaries; tailings piles and ponds;
mine drainage or any other process
water discharge point; and an estimate
of the direction of flow. In addition, the
site map must also indicate the types of
discharges contained in the drainage
areas of the outfalls (e.g., storm water
and air conditioner condensate). In
order to increase the readability of the
map, the inventory of the types of
discharges contained in each outfall
may be kept as an attachment to the site
map.
(b) Inventory of Exposed Materials—
The storm water pollution prevention
plan shall include, for each outfall, an
inventory and narrative description of
any significant materials that may still
be at the site. The description and
locations of the significant materials
should be consistent with those shown
on the site map. Findings of the
inventory must be documented in detail
in the pollution prevention plan. At a
minimum, the plan must describe the
method and location of onsite storage or
disposal; practices used to minimize
contact of materials with rainfall and
runoff; existing structural and
nonstructural controls that reduce
pollutants in storm water runoff;
existing structural controls that limit
56 Nonstructural features such as grass swales and
vegetative buffer strips also should be shown.
57 Significant materials include, "* * * but [are]
not limited to: raw materials, fuels, materials such
as solvents, detergents, and plastic pellets; finished
materials such as metallic products; * * *
hazardous substances designated under section
101(14) of CERCLA; any chemical facilities required
to report pursuant to section 313 of title in of
SARA; fertilizers; pesticides; and waste products
such as ashes, slag, and sludge that have the
potential to be released with storm water discharge"
(40 CFR 122.26(b)(12)). Significant materials
commonly found at mining facilities include:
overburden; raw materials; waste rock piles;
tailings; petroleum based products; solvents and
detergents; heap leach pads; tailings piles/ponds,
both proposed and existing; and manufactured
products, waste materials or by-products used or
created by the facility. '..;
process wastewater discharges; and any
treatment the runoff receives before it is
discharged to surface waters or a
separate storm sewer system.
(c) Risk Identification and Summary
of Potential Pollutant Sources—The
description of potential pollution
sources culminates in a narrative
assessment of the risk potential that
sources of pollution pose to storm water
quality. This assessment should clearly
point to activities, materials, and
physical features of the facility that have
a reasonable potential to contribute
significant amounts of pollutants to
storm water. The assessment must list
any significant pollution sources at the
site and identify the pollutant parameter
or parameters (i.e., total suspended
solids, arsenic, etc.) associated with
each source.
(4) Measures and Controls. Following
completion of the source.identification
and assessment phase, the permittee
must evaluate, select, and describe the
pollution prevention measures, best
management practices (BMPs), and
other controls that will be implemented
at the facility. The permittee must assess
the applicability of the following BMPs
for their site: discharge diversions,
drainage/storm water conveyance
systems, runoff dispersions, sediment
control and collection mechanisms,
vegetation/soil stabilization, capping of
contaminated sources, and treatment of
storm water discharges. In addition,
BMPs include processes, procedures,
schedules of activities, prohibitions on
practices, and other management
practices that prevent or reduce the
discharge of pollutants hi storm water
runoff. EPA recognizes that inactive
mine sites and abandoned mine sites
will most likely require different storm
water controls because the sources and
types of contamination may vary. EPA
notes that inactive facilities are not
required to conduct inspections such as
those described in Part XI.G.3.a.(4)(d) of
the permit for active and temporarily
inactive facilities. Inactive sites must,
however, conduct comprehensive site
compliance evaluations as discussed hi
paragraph (5) below.
The pollution prevention plan must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each will address the
potential sources of storm water
pollution. The plan also must include a
schedule specifying the tune or times
during which each control or practice
will be implemented, hi addition, the
plan should discuss ways hi which the
controls and practices relate to one
another and, when taken as a whole,
produce an integrated and consistent
approach for preventing or controlling
potential storm water contamination
problems.
(5) Comprehensive Site Compliance
Evaluation. Where annual site
compliance evaluations are shown in
the plan to be impractical for inactive
mining sites due to the remote location
and inaccessibility of the site, site
evaluations required under this part
shall be conducted at appropriate
intervals specified hi the plan, but, in
no case less than once in 3 years.
6. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that active
copper ore mining facilities may reduce
the level of pollutants in storm water
runoff from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed hi today's permit, hi order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan and to characterize the discharge
for potential environmental impacts, the
permit requires active copper ore
mining and dressing facilities to collect
and analyze samples of their storm
water discharges for the pollutants
listed in Table G-5. The pollutants
listed in Table G—5 were found to be
above levels of concern for a significant
portion of active copper ore mining and
dressing facilities that submitted
quantitative data in the group
application process. Because these
pollutants have been reported at levels
of concern from active copper ore
mining and dressing facilities, EPA is
requiring monitoring after the pollution
prevention plan has been implemented
to assess the effectiveness of the
pollution prevention plan and to help
ensure that a reduction of pollutants is
realized.
At a minimum, storm water
discharges from active metal mining
facilities must be monitored quarterly
during the second year of permit
coverage. Samples must be collected at
least once in each of the following
periods: January through March; April
through June; July through September;
and October through December. At the
end of the second year of permit
coverage, a facility must calculate the
average concentration for each
parameter listed in Table G-5. If the
permittee collects more than four
samples in this period, then they must
calculate an average concentration for
each pollutant of concern for all ;
samples analyzed. ,
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50901
TABLE G-5.—INDUSTRY MONITORING REQUIREMENTS
Nltrala plus Nitrite Nitrogen
Pollutants of concern
i
Cut-off con-
centration
120 mg/L
100 mg/L
0.68 mg/L
If the average concentration for a parameter is less than or equal to the value listed in Table G-5, then the permittee
is not required to conduct quantitative analysis for that parameter during the fourth year of the permit. If, however,
the average concentration for a parameter is greater than the cut-off concentration listed in Table G-5, then the permittee
Is required to conduct quarterly monitoring for that parameter during the fourth year of permit coverage. Monitoring
is not required during the first, third, and fifth year of the permit. The exclusion from monitoring in the fourth year
of the permit is conditional on the facility maintaining industrial operations and BMPs that will ensure a quality
of storm water discharges consistent with the average concentrations recorded during the second year of the permit.
TABLE G-6.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage
4th Year of Permit Coverage.
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table G-5, then quarterly sam-
pling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table G-5, then no fur-
ther sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Table G-5.
If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
The monitoring cut off concentrations
listed in Table G-5 are not numerical
effluent limitations. These values
represent a level of pollutant discharge
which facilities may achieve through
the implementation of pollution
prevention plans. At least half of the
facilities which submitted Part 2 data,
reported concentrations greater than or
equal to the values listed in Table G-5.
Facilities that achieve average discharge
concentrations which are less than or
equal to the values in Table G-5 are not
relieved from the pollution prevention
plan requirements or any other
requirements of the permit.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
the monitoring reports required under
paragraph c below, under penalty of
law, signed in accordance with Part
VII.G. of the permit (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,
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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall.'one signed Discharge
Monitoring .Report form must be
submitted to the Director per storm
event sampled. For facilities conducting
monitoring beyond the minimum
quarterly requirements an additional
Discharge Monitoring Report Form must
be filed for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
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measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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 such outfall and report
that the quantitative data also applies to
the substantially identical outfall(s)
provided that the permittee includes in
the storm water pollution prevention
plan a description of the location of the
outfalls and explains in detail why the
outfalls are expected to discharge
substantially identical effluent. 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.
F. Visual Examination of Storm Water
Quality. Metal mining facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination of
storm water quality must be conducted
at least once in each of the following 3-
month periods: January through March,
April through June, July through
September, and October through
December. The examination shall be
made during daylight hours unless there
is insufficient rainfall or snow melt to
produce a runoff event.
•(1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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 Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the storm water
pollution prevention plan. The report
shall include the examination date and
time, examination personnel, the nature
of the discharge (i.e., runoff or snow
melt), visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains in detail why the outfalls are
expected to discharge substantially
identical effluents, hi 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
(5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
7. Numeric Effluent Limitations.
There are no numeric effluent
limitations beyond those described in
Part VLB. of this permit.
H. Storm Water Discharges Associated
With Industrial Activity From Coal
Mines and Coal Mining-Related
Facilities
1. Discharges Covered Under This
Section
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water associated
with industrial activity." This definition
includes point source discharges of
storm water from eleven major
categories of facilities, including:
"* * * (iii) facilities classified as
Standard Industrial Classification (SIC)
codes 10 through 14 including active or
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50903
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 noncoal 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
storm water contaminated by contact
with any overburden, raw material,
intermediate products, finished
products, by-products or waste products
located on the site of such operations."
This section only covers storm water
discharges associated with industrial
activities from inactive58 coal mines
and from access roads, haul roads, and
rail lines at active coal mines. Coal
mines and coal mining-related facilities
subject to Requirements under this
section include the following types of
operations: bituminous coal and lignite
surface mining (SIC 1221); bituminous
coal underground mining (SIC 1222);
anthracite mining (SIC 1231); and coal
mining services (SIC 1241).
Storm water discharges authorized by
this section include storm water
discharges at inactive coal mines where
precipitation and storm water runon
come into contact with significant
materials including, but not limited to,
raw materials, waste products, and by-
products, overburden, and stored
materials. This section also authorizes
storm water discharges from haul roads,
access roads, and rail lines used or
traveled by carriers of raw materials,
manufactured products, waste materials,
or by-products created by active coal
mining facilities. The following
activities are covered under this section:
Haul Roads—Nonpublic roads on which
coal or coal refuse is conveyed
Access Roads—Nonpublic roads
providing light vehicular traffic
within the facility property and to
public roadways
Railroad Spurs, Sidings, and Internal
Haulage Lines—Rail lines used for
hauling coal within the facility
property and to offsite commercial
railroad lines or loading areas
Conveyor Belts, Chutes, and Aerial
Tramway Haulage Areas—Areas
under and around coal or refuse
conveyor areas, including transfer
stations
Equipment Storage and Maintenance
Yards
Coal Handling Buildings and Structures
Inactive Coal Mines and Related
Areas—Abandoned and other inactive
mines, refuse disposal sites and other
mining-related areas. This includes
abandoned mine sites being reclaimed
under Title IV of the Surface Mining
Control and Reclamation Act. Not
covered by this section are discharges
from sites, or parts of sites, which are
determined to cause or contribute to
water quality standards violations. ,
This section does not cover any
discharge subject to effluent limitation
guidelines. Discharges from active
facilities and those under reclamation
are subject to NPDES permits and
require treatment to meet specific
effluent guideline limits as specified in
40 CFR Part 434 for pH, iron,
manganese, suspended solids, and
settleable solids. Storm water that does
not come into contact with any
overburden, raw material, intermediate
product, finished prqduct, byproduct, or
waste product located on the site of the
operation are not subject to permitting
under this section according to Section
402(1)(2) of the Clean Water Act.
This section also does not cover storm
water discharges associated with •
industrial activity from inactive coal
mines located on Federal lands, unless
an operator can be identified. These
discharges are not eligible because they
are more appropriately covered under
an .NPDES permit currently being
developed.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
Coal is a black, primarily organic
substance formed from compressed
layers of decaying organic matter
millions of years ago.59 Factors such as
the fixed carbon content, volatile matter
Mln«cllvo mining operations are mining sites that
are not being nctlvoly mined, but which have an
[dcnlifiab'o ownor/opcrator.
59 "Development Document for Final Effluent
Limitations Guideline, New Source Performance
Standards, and Pretreatment Standards for the Coal
Mining Point Source Category." EPA. 1982. : ,
fraction, and heating value, determine
whether coal is classified as lignite, sub-
bituminous, bituminous, or anthracite.
The coal mining and related facilities
industry extracts and processes coal.
There are two methods of coal mining:
surface mining and underground
mining. Surface mining is a method
utilized when the coal is close to the
earth's surface and it is economically
viable to remove and store the
overburden, which can later be used for
reclamation. Underground mining
occurs when coal is too deep to be
surface mined or environmental
restrictions prohibit surface mining.
Coal preparation activities increase
the value of coal by removing impurities
through size reduction, screening,
gravity separation, dewatering, and
drying. After this step, coal is ready to
be shipped for further processing. The
impurities, including shales, clays, low
reject coal, and possibly some acidic
materials, are then conveyed to refuse
disposal facilities.
These mining methods and coal
preparation activities occur during the
active phase of mining and are not
authorized by this section nor are they
included in the storm water regulation.
Most areas at active mine sites are
covered by the Surface Mining Control
and Reclamation Act (SMCRA).
Discharges from these areas are
considered process wastewaters and are
covered under a separate NPDES permit.
Today's permit only addresses storm
water discharges from coal mines and
related areas that are not already subject
to effluent limitation guidelines under
40 CFR Part 434. Storm water discharges
not subject to the effluent limitation
guidelines may include discharges from
the following areas:
a. Access Roads, Haul Roads, and
Rail Lines. Access roads, haul roads,
and rail lines are used for the
transportation of coal, refuse (waste
materials, old equipment, etc.), and
overburden away from the mine
workings. To build access and haul
roads, common land disturbing
activities such as vegetation clearing
and soil grading are necessary. Refuse
" coal and overburden may be used as a
road base material. Road building
activities increase the potential for the
offsite discharge of sediment in storm
water runoff. In addition, coal,
overburden, and refuse materials may be
spilled during loading and unloading
operations and during the transport of
such materials along access roads, haul
roads, and rail spurs.
b. Inactive Mine Sites. Although
industrial processes have ended at
inactive mine sites, the significant
materials associated with those
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5O9O4
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
industrial processes may remain at the
site and contaminate storm water
discharges. The areas at inactive surface
or underground coal mines which are
included in the storm water regulation
include former locations of: conveyor
belts, chutes, and aerial tramways;
equipment storage and maintenance
yards; coal preparation plants; and coal
handling buildings and storage areas.
Inactive mine sites are regulated
because significant materials remain
onsite. The significant materials
include, but are not limited to: coal
piles, including coal refuse piles; used
and old equipment, including
boneyards; overburden; waste disposal
sites; and waste materials. In addition,
in certain areas where machinery has
been intensively used or abandoned,
waste lubricating fluids, solvents, and
contaminated soils may be present.
These materials are typically present
outdoors and are exposed to storm water
discharges.
2. Pollutants Found in Storm Water
Discharges
Impacts caused by storm water
discharges from active haul roads,
access roads and rail lines and inactive
coal mine and coal mining-related
facilities will vary. Several factors
influence to what extent significant
materials from coal mines and coal
mining-related facilities may affect
water quality. Such factors include:
geographic location; hydrogeology; the
type of coal extracted; the mineralogy of
the extracted resource and the
surrounding rock; how the coal was
extracted; the type of industrial
activities occurring onsite; the size of
the operation; and type, duration, and
intensity of precipitation events. Each of
these, and other, factors will interact to
influence the quantity and quality of
storm water runoff. For example,
overburden may be a significant source
of pollutants at some facilities, while
storage areas are a primary source at
others. In addition, sources of pollutants
other than storm water, such as illicit
connections,60 spills, and other
improperly dumped materials, may
increase the pollutant loads discharged
into waters of the United States.
Storm water discharges from haul
roads of active sites and inactive mine
sites may include many of the
pollutants common to active coal
mining operations. These pollutants
may include acids, suspended solids,
dissolved solids, iron, manganese, and
traces of other metals. Table H—1
indicates the pollutant sources and
pollutants for a number of industrial
activities for coal mines authorized by
this section.
Another problem at coal mines is acid
mine drainage. In general, the problems
of acid mine drainage are confined to
western Maryland, northern West
Virginia, Pennsylvania, western •
Kentucky, and along the Illinois-Indiana
border. Acid mine drainage is not a
problem in the West because the coals
and overburden contain little pyrite, the
precursor for acid mine drainage, and
because of low annual precipitation.
TABLE H-1 .—ACTIVITIES, POLLUTANT SOURCES, AND POLLUTANTS
Activity
Pollutant source
Pollutant
Road and Rail Construction
and Maintenance—Active
Sites.
Raw or Waste Material
Transportation.
Location of Mining and
Processing Activities at In-
active Coal Mines.
Equipment/Vehicle Mainte-
nance.
Surface grading and exposure of soils
Material spills ,
Raw Material Storage
Waste Rock Storage
Disposal Areas
Surface and Underground Mines .....
Materials Handling and Loading/Unloading
Fueling Activities
Reclamation Activities
Parts Cleaning
Waste disposal of oily rags, oil and gas filters, bat-
teries, coolants, degreasers.
Site preparation for stabilization
Dust, TSS, TDS, turbidity, pH.
Dust, TSS, TDS, turbidity, pH, sulfates, iron.
Dust, TSS, TDS, turbidity, pH sulfates, iron.
Dust, TSS, TDS, turbidity, sulfates, iron, pH.
Dust, TSS, TDS, turbidity, pH, oil & grease.
Dust, TSS, TDS, turbidity, pH, sulfates, iron.
Dust, TSS, TDS, turbidity, pH, sulfates, iron.
Diesel fuel, gasoline, oil, COD.
Solvents, oil, heavy metals, acid/alkaline wastes.
Oil, heavy metals, solvents, acids, COD.
Dust, TSS, TDS, turbidity.
Based on the similarities of the facilities included in this sector in terms of industrial activities and significant
materials, EPA believes it is appropriate to discuss the potential pollutants at coal mining facilities as a whole and
not subdivide this sector. Therefore, Table H-2 lists data for selected parameters from facilities in the coal mining
sector. These data include the eight pollutants that all facilities were required to monitor for under Form 2F, as well
as the pollutants that EPA determined merit further monitoring.
TABLE H-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY COAL MINES AND COAL MINING-RELATED
FACILITIES SUBMITTING PART II SAMPLING DATA! (mg/L)
Pollutant
Sample type
BOD5
COD
Nitrate + Nitrite Nitrogen
Total KjeMahl Nitrogen .....
Oil & Grease
pH
Total Phosphorus
No. of Facilities
Grab
16
21
17
18
27
29
18
Comp"
7
11
10
11
N/A
N/A
9
No. of Samples
Grab
19
25
„ 20
21
31
33
20
Comp
8
12
10
12
N/A
N/A
9
Mean
Grab
3.1
22.9
0.38
1.55
1.7
N/A
0.36
Comp
3.5
18.8
0.68
1.78
N/A
N/A
0.08
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
5.9
0.00
Comp
0.0
0.0
o.oo
0.00
N/A
N/A
0.00
Maximum
Grab
9.0
275.0
3.12
5.20
13.9
8.9
5.90
Comp
17.4
115.0
3.12
7.40
N/A
N/A
0.58
Median
Grab
3.0
0.0
0.00
0.66
1.0
7.0
0.00
Comp
1.0
4.0
0.17
0.39
N/A
N/A
0.00
95th percentile
Grab
15.0
102.0
1.85
10.33
6.5
8.6
1.40
Comp
14.4
86.9
3.55
10.25
N/A
N/A
0.61
99th percentile
Grab
33.1
237.5
3.45
32.01
13.6
9.3
5.00
Comp
33.9
184.6
8.60
31.31
N/A
N/A
1.37
60 Illicit connections are contributions of
unpermitted non-storm, water discharges to storm
sewers from any number of sources including
sanitary sewers, industrial facilities, commercial
establishments, or residential dwellings. The
probability of illicit connections at coal mines and
coal mining related facilities is low yet it still may
be applicable at some operations.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50905
TABLE H-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY COAL MINES AND COAL MINING-RELATED
FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)—Continued
PsituUflt
Samptotypo
Tolid Smpcodcd SotWj
AlumSnum, Total.. „ „
Iron, Total _~™
No. of Facilities
Grab
18
7
11
Comp"
11
4
9
No. of Samples
Grab
22
9
13
Comp
12
6
10
Mean
Grab
2551
87.38
193.9
Comp
462
828
53.3
Minimum
Grab
0
0.00
0.6
Comp
.2
0.10
1.1
Maximum
Grab
33420
517.58
930.0
Comp
3880
38.84
294.0
Median
Grab
7
5.72
9.2
Comp
131
2.33
11.0
95th percentile
Grab
3167
898.16
1639.1
Comp
3011
54.11
284.0
99th percentile
Grab
23454
6089.45
9593.9
Comp
13634
198.54
981.7
'AppfcaUoos thai did not report tha units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
auixr.odtoboO.
»Compo*i*.o samples.
Storm water discharges from inactive
and abandoned coal mines, preparation,
refuse disposal sites, haul roads and
other inactive mining-related areas may
contain substantial amounts of
pollutants without the benefits of
sediment and erosion control measures.
Sampling data in the EPA 1982
"Development Document for Effluent
Guidelines and Standards for Coal
Mining" reveal typical ranges for
untreated mine drainage and are
indicated in Table H-3. The data are
based on untreated surface and
underground drainage and may not be
typical of inactive sites subject only to
storm water runoff. For example, a high
proportion of underground mines in the
survey may have resulted in the
relatively low median levels of
suspended solids. However, it does
indicate the potential array of
conventional mining pollutants which
could be present in abandoned mine
drainage.
3. Options for Controlling Pollutants
Mining facilities are often dissimilar
to other types of industrial facilities
because they may be situated in remote
locations, operate only seasonally or
intermittently, yet need year-round
storm water management controls. EPA
believes that the most effective storm
water management controls for limiting
the offsite discharge of storm water
pollutants from active and inactive coal
mines are source reduction BMPs.
Source reduction BMPs are methods by
which discharges of contaminants are
controlled with little or no required
maintenance. Examples of these types of
controls include diversion dikes,
vegetative covers, and berms. Source
reduction practices are typically [but
not always) low in cost and relatively
easy to implement. In some instances,
more resource intensive treatment
BMPs, including sedimentation ponds
and infiltration trenches, may be
necessary depending upon the type of
discharge, types and concentrations of
contaminants, and volume of flow.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location,
hydrogeology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. EPA believes that
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
active and inactive coal mines.
BMPs that minimize erosion and
sedimentation are effective for areas
along haul and access roads, and for
inactive mines. Many BMPs were not
listed by part 1 group application
participants because the major
application submitted by the National
Coal Association and the American
Mining Congress was comprised of only
active mine sites. The only portions of
an active mine site to which this section
of today's permit applies are haul roads,
railways, and conveyor belts, chutes,
and aerial tramway haulage areas.
Because the scope of storm water
program, as it applies to active coal
mining sites, is limited, the applicants
were not required to provide EPA with
BMP data for process wastewater
discharges. Furthermore, active surface
mines are subject to 30 CFR Part 816
and active underground mines are
subject to 30 CFR Part 817, both which
require the implementation of BMPs.
Since many coal facilities are required
to have BMPs, the data presented in part
1 of the application may underestimate
the percentage of facilities with storm
water BMPs.
Because BMPs described in the part I
data are limited, EPA is providing an
overview of supplementary BMPs for
use by facility operators to determine
appropriate BMPs for haul and access
roads at active coal mines and for
inactive coal mines. However, due to
the site-specific nature of facilities
within this sector, BMPs cited do not
preclude the use of other viable BMP
options. Table H-3 summarizes BMP
options as they apply to land
disturbance activities at active and
Inactive coal mining facilities. Sources
of BMP information include: '"Sediment
and Erosion Control: An Inventory of
Current Practices—Draft," EPA, April
20,1990; "Storm Water Management for
Industrial Activities: Developing
Pollution Prevention Plans and Best
Management Practices," EPA,
September, 1992, (EPA 832-R-92-006);
"Best Management Practices for Mining
in Idaho," Idaho Department of Lands,
November 1992; and "Erosion &
Sediment Control Handbook," Goldman
et al., McGraw-Hill Book Company,
1986.
TABLE H-3.—SUMMARY OF MINE AREAS AND APPLICABLE BEST MANAGEMENT PRACTICES
Land-disturbed area
Haul Roads and
Access Roads.
Discharge diver-
sions
Dikes, Curbs,
Berms..
Conveyance sys-
tems
Channels, Gut-
ters, Culverts,
Rolling Dips,
Road Sloping,
Roadway Water
Deflectors.
Runoff dispersion
Check Dams,
Rock Outlet
Protection,
Level Spread-
ers, Stream Al-
teration, Drop
Structures. .
Sediment control
& collection
Gabions, Riprap,
Native Rock
Retaining Walls,
Straw Bale Bar-
riers, Sediment
Traps/Catch
, Basins, Vege-
tated Buffer
. Strips.
Vegetation
Seeding, Willow
Cutting Estab-
lishment.
Containment
. i ' • -, i ',..'-,, ^
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50907
because they prevent runon of
uncontaminated discharges from
contacting exposed materials and/or
reduce the flow across disturbed areas,
thereby lessening the potential for
erosion. Second, diversion structures
can be used to collect or divert waters
for later treatment, if necessary. The
usefulness of these control measures are
limited by such factors as the size of the
area to be controlled and the type and
nature of materials exposed and
precipitation events.
Diversion dikes, curbs, and berms are
temporary or permanent diversion
structures that prevent runoff from
passing beyond a certain point, and
divert runoff away from its intended
path. Dikes, curbs or berms may be used
to surround and isolate areas of concern,
diverting flow around piles of
overburden, waste rock, and storage
areas, to minimize discharge contact
with contaminated materials and to
limit discharges of contaminated water
from confined areas.
b. Drainage/Storm Water Conveyance
Systems. Drainage or storm water
conveyance systems can provide either
a temporary or a permanent
management practice which functions
to channel water away from eroded or
unstabilized areas, convey runoff
without causing erosion, and/or carry
discharges to more stabilized areas. The
use of drainage systems as a permanent
measure may be most appropriate in
areas with extreme slopes, areas subject
to high velocity runoff, and other areas
where the establishment of substantial
vegetation is infeasible or impractical.
For instance, several BMPs described
below may be useful storm water and
erosion control methods applicable to
haul roads and access roads.
Channels or Gutters—Channels or
gutters collect storm water runoff and
direct its flow. Like diversion systems,
channels or gutters may act to divert
runoff away from a potential source of
contamination, but may also be used to
channel runoff to a collection and/or
treatment area including settling ponds,
basins or work-out pits.
Open Top Box Culverts, and
Waterbars—These structures are
temporary or permanent structures that
divert water from a roadway surface.
Open top box culverts may be used on
steeply graded, unpaved roads in place
of pipe culverts to divert surface runoff
and flow from inside ditches onto the
downhill slope of a road. These
structures are typically made of wood
and should periodically be monitored
and repaired if necessary.
Waterbars are berms built by a dozer,
or by hand, to a one to two foot height.
They serve to extend the entire width of
the road, with a downslope angle
between 30 and 40 percent. Waterbars
are kept open at a discharge end to
allow water to flow away from the road,
and require little maintenance. These
berms may be used as temporary or
permanent structures.
Rolling Dips and Road Sloping—
Rolling dips and road sloping are
permanent water diversion techniques
installed using natural contours of the
land during road construction. These
BMPs prevent water accumulation on
road surfaces and divert surface runoff
toward road ditches, which then convey
the storm water to ponds or other
management areas.
Roadway Surface Water Deflector—A
roadway surface water deflector is
another technique to prevent
accumulation of water on road surfaces.
The structure uses a conveyor belt
sandwiched between two pieces of
treated wood and placed within the
road to deflect water. This is a useful
technique for steeply graded, unpaved
roads.
Culverts—Culverts are permanent
surface water diversion mechanisms
used to convey water off of, or
underneath a road. Made of corrugated
metal, they must extend across the
entire width of the road, and beyond the
fill slope. Additional erosion control
mechanisms may need to be installed at
the discharge end of the culvert.
c. Runoff Dispersion. Drainage
systems are most effective when used in
conjunction with runoff dispersion
devices designed to slow the flow of
water discharged from a site. These
devices also aid storm water infiltration
into the soil and flow attenuation. Some
examples of velocity dissipation devices
include check dams, rock outlet
protection, level spreaders, and serrated
and benched slopes.
Check Dams—Check dams are small '
temporary dams constructed across
swales or drainage ditches to reduce the
velocity of runoff flows, thereby
reducing erosion and failure of the
swale or ditch. This slowing reduces
erosion and gullying in the channel and
allows sediments to settle.
Check dams may be installed in small
temporary or permanent channels where
vegetation of the channel lining is not
feasible and where there is danger of
erosion. These may be areas where
installation of nonerosive liners are not
cost effective.
Check dams diminish the need for
more stringent erosion control practices
in the drainage ditch since they
decrease runoff velocity. When
constructing check dams, the use of
overburden or waste rock should be
avoided where there is the potential for
contamination.
Rock Outlet Protection—Rock
protection placed at the outlet end of
culverts, channels, or ditches reduces
the depth, velocity, and destructive
energy of water such that the flow will
not erode the downstream reach. The
use of some materials (e.g., mine waste
rock or .ore) should be avoided where
contamination may occur. As with
check dams, rock outlet protection may
also be used as a source reduction
treatment mechanism by\using rocks
containing limestone or other alkaline
materials to neutralize acidic
discharges.
Level Spreaders—Level spreaders are
outlets for dikes and diversions
consisting of an excavated depression
constructed at zero grade across a slope.
Level spreaders diffuse storm water
point sources and release it onto areas
stabilized by existing vegetation.
Serrated Slopes and Benched
Slopes—These runoff dispersion
methods break up flow of runoff from a
slope, decreasing its ability to erode.
Serrated and benched slopes provide
flat areas that allow water to infiltrate,
and space for vegetation to grow and
reinforce soils. Serrated slopes are
equipped with small steps, from one to
two feet of horizontal surface exposed
on each step. Benched slopes have
larger steps, -with vertical cuts between
two and four feet high.
Contouring—Surface contouring is the
establishment of a rough soil surface
amenable to revegetation, through
creating horizontal grooves,
depressions, or steps that run with the
contour of the land. Slopes may also be
left in a roughened condition to reduce
discharge flow and promote infiltration.
Surface roughening aids in the
establishment of vegetative cover by
reducing runoff velocity and giving seed
an opportunity to take hold and grow.
This technique is appropriate for all
slopes steeper than 3:1 in order to
facih'tate stabilization of the slope and
promote the growth of a vegetative
cover. Once areas have been contoured,
they should be seeded as quickly as
possible.
Drain Fields—Drain fields are used to
prevent the accumulation of water and/
or ground water at a site, by diverting
infiltrating sources through gravity flow
or pumping. Typically filled with
porous, permeable materials such as
graded rock, or perforated pipe, and
lined with geotextile fabric, these
mechanisms are useful underneath
significant materials, reducing the
amount of water that ultimately comes
into contact with significant materials.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE H-3.—SUMMARY OF MINE AREAS AND APPLICABLE BEST MANAGEMENT PRACTICES—Continued
Land-disturbed area
Pits/Quarries or
Underground
Mines.
Overburden, Waste
Rock and Raw
Material Piles.
.
Reclamation
Discharge diver-
sions
Dikes, Curbs,
Berms.
Dikes, Curbs,
Berms.
Dikes, Curbs,
Berms.
Conveyance sys-
1 terns
Channels, Gutters
Channels, Gutters
Channels, Gutters
Runoff dispersion
Serrated Slopes,
Benched
Slopes,
Contouring,
Stream Alter-
ation.
Serrated Slopes,
Benched
Slopes,
Contouring,
Stream Alter-
ation.
Check Dams,
Rock Outlet
Protection,
Level Spread-
ers, Serrated
Slopes,
Benched
Slopes,
Contouring,
Drain Fields,
Stream Alter-
ation, Drop
Structures.
Sediment control
& collection
Sediment Settling
Ponds, Straw
Bale Barrier,
Siltation Berms.
Plastic Matting,
Plastic Netting,
Erosion Control
Blankets,
Mulch-straw,
Compaction,
Sediment/Set-
tling Ponds, Silt
Fences, Silta-
tion Berms.
Gabions, Riprap,
and Native
Rock Retaining
Walls,
Biotechnical
Stabilization,
Straw Bale Bar-
riers, Sediment
Traps/Catch
Basins, Vegeta-
tive Buffer
Strips, Silt
Fences, Silta-
tion Berms,
Brush Sediment
Barriers.
Vegetation
Seeding
Topsoiling, Seed-
bed Prepara-
tion, Seeding.
Topsoiling, Seed-
bed Prepara-
tion, Seeding,
Willow Cutting
Establishment.
Containment
Plugging and
Grouting.
Capping.
Capping, Plugging
'and Grouting.
Haul Roads and Access Roads—
Placement of haul roads or access roads
should occur as far as possible from
natural drainage areas, lakes, ponds,
wetlands or floodplains where soil will
naturally be less stable for heavy vehicle
traffic. If a haul road must be
constructed near water, as little
vegetation as possible should be
removed from between the road and the
waterway, as vegetation is a useful
buffer against erosion and is an efficient
sediment collection mechanism. The
width and grade of haul or access roads
should be minimal and should be
designed to match natural contours of
the area. Construction of haul roads
should be supplemented by BMPs that
divert runoff from road surfaces,
minimize erosion, and direct flow to
appropriate channels for discharge to
treatment areas. Existing haul roads and
nearby ditches, without BMPs, can be
altered or modified to accommodate the
construction of BMPs.
Surface Mines—BMPs can be used to
control total suspended solids levels in
runoff from unvegetated areas. These
can include sediment/settling ponds,
check dams, silt fences, and straw bale
barriers.
Overburden, Waste Rock, and Raw
Material Piles—Overburden, topsoil,
and waste rock should be stabilized,
recontoured if necessary, and vegetated.
In addition surface waters and other
sources of water should be diverted
around the piles. As many piles as
possible should be revegetated (even if
only on a temporary basis).
Reclamation Activities—When a coal
seam is depleted and operations cease,
a mine site must be reclaimed according
to appropriate State or Federal
standards. Closure activities typically
include restabilization of any disturbed
areas such as access or haul roads, pits
or quarries, sedimentation ponds or
work-out pits, and any remaining waste
piles. Overburden and topsoil stockpiles
may be used to fill in a pit or quarry
(where practical.) Recontouring and
vegetation should be performed to
stabilize soils and prevent erosion.
Major reclamation activities such as
recontouring roads and filling in a pit or
quarry can only be performed after
operations have ceased. However,
reclamation activities such as
stabilization of banks, and reseeding
and revegetation should be
implemented in mined out portions, or
inactive areas of a site as active mining
moves to new areas.
The following seven categories
describe best management practice
options for reducing pollutants in storm
water discharges from haul and access
roads for active coal mines and for
inactive mines: discharge diversions;
drainage/storm water conveyance
systems; runoff dispersion; sediment
control and collection; vegetation/soil
stabib'zation; capping of contaminated
sources; and treatment.
a. Discharge Diversions. Discharge
diversions provide the first line of
defense in preventing the contamination
of discharges, and subsequent
contamination of receiving waters of the
United States. Discharge diversions are
temporary or permanent structures
installed to divert flow, store flow, or
limit storm water runon and runoff.
These diversion practices have several
objectives. First, diversion structures
can be designed to prevent otherwise
uncontaminated (or less contaminated)
water from crossing disturbed areas or
areas containing significant amounts of
contaminated materials, where contact
may occur between runon and
significant materials. These source
reduction measures may be particularly
effective for inactive coal mine sites
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50908 Federal Register / Vol. 60, No. 189 /Friday, September 29, 1995 / Notices
Stream Alteration—Altering or
channelizing the path of a stream to
bypass all or some disturbed areas on a
site, allows additional mining activities,
and avoids contamination of stream
water by disturbed lands. This practice
is complicated, however, by the need to
restore the channel when mining
operations end.
Drop Structures—Drop structures are
large angular rocks placed in a V-shaped
pattern to slow the velocity of storm
water runoff. These structures are
typically reinforced by logs or large
rocks imbedded in the streambanks.
d. Sediment Control and Collection.
Sediment control and collection limits
movement and retains sediments from
being transported offsite. Several
structural collection devices have been
developed to remove sediment from
runoff before it leaves the site. Several
methods of removing sediment from site
runoff involve diversion mechanisms
previously discussed, supplemented by
a trapping or storage device. Structural
practices typically involve filtering
diffuse storm water flows through
temporary structures such as straw bale
dikes, silt fences, brush barriers or
vegetated areas.
Structural practices are typically low
in cost. However, structural practices
require periodic removal of sediment to
remain functional. As such, they may
not be appropriate for permanent use at
inactive mines. However, these
practices may be effectively used as
temporary measures along haul roads
and access roads.
Plastic Matting, Plastic Netting, and
Erosion Control Blankets—These BMPs
are used to protect bare soils to control
dust and erosion. Mats and blankets
help to promote vegetative growth by
maintaining moisture and heat within
the soil. Plastic matting and netting
improve slope stabilization and may be
used as a permanent treatment to
encourage grass growth. Plastic netting
is a more effective material to use while
promoting growth of vegetation as it
permits sunlight to penetrate through to
the soils. Erosion control blankets also
stabilize slopes, and control erosion.
These blankets may be made of jute, or
plastic netting, but are more expensive
than straw.
Mulch-straw or-Wood Chips—
Mulches and wood chips are useful
temporary covers for bare or seeded
soils, with an erosion control
effectiveness rating of 75 to 98
percent.61 Like matting, mulch-straw or
wood chips help soils retain moisture
and warmth to promote vegetative
growth. Used on slopes and/or in
combination with nylon netting, these
materials may prevent erosion by wind
and water. Over time, however, the
mulch cover will decrease in
effectiveness.
Compaction—Soil compaction using a
roller or other heavy equipment
increases soil "strength" by increasing
its density. More dense soil is less prone
to erosion and long-term soil settlement.
The surface of compacted soils should
be roughed and seeded or vegetated to
increase its durability.
Sediment/Settling Ponds—Sediment
ponds function as sediment traps by
containing runoff for long periods of
time, allowing suspended solids to
settle. These structures can achieve a
high removal rate of sediment for both
process wastewater and storm water
discharges. Sediment/settling ponds are
easily constructed and require minimal
maintenance. Their flexibility to treat
both process wastewater and storm
water makes the use of ponds a
desirable treatment for discharges from
ore mining and dressing facilities. Of
course, site characteristics must be such
that some or all discharges can be
practically channeled to a centralized
area for treatment. Where this is not
practical, the cost of constructing
multiple sediment ponds may become
prohibitive. In addition, periodic
dredging may be required in order to
maintain the capacity of these ponds.
Discharge ponds may also be designed
to act as surge ponds which are
designed to contain storm surges and
then completely drain in about 24 to 40
hours, and remain dry during times of
no rainfall. They can provide pollutant
removal efficiencies that are similar to
those of detention ponds.62 Storm surge
ponds are typically designed to provide
both water quality and water quantity
(flood control) benefits.
Gabions, Riprap, and Native Rock
Retaining Walls—These BMPs are all
forms of slope stabilization. Gabions
consist of rocks (riprap) contained by
rectangular wire boxes or baskets for use
as permanent erosion control structures.
Riprap consists of loose rocks placed
along embankments to prevent erosion.
Native rock retaining walls are another
form of slope stabilization, with walls
up to five feet in height, constructed
from native rock to reinforce a steep
slope.
Biotechnical Stabilization—
Biotechnical stabilization uses live
brush imbedded in the soils of a steep
slope to prevent erosion. This method
relies on the premise that the imbedded
vegetation will eventually take root and
help stabilize the slope.
Straw Bale Barrier—Straw bales may
be used as temporary berms, barriers, or
diversions, capturing sediments and
filtering runoff. When installed and
maintained properly, these barriers
remove approximately 67 percent of the
sediment load.63 These barriers are
applicable across small swales, in
ditches, and at the toe of bare slopes
where there is a temporary, large
volume of sediment laden runoff.
Sediment Traps or Catch Basins—
These temporary or permanent
structures are useful for catching and
storing sediment laden storm water
runoff and are particularly useful during
construction activities to contain runoff.
The effectiveness of these BMPs is better
in smaller drainage basin areas.
Sediment traps are less than 50 percent
effective in removing sediment from
storm water runoff.64
Vegetated Buffer Strips—The
installation of vegetated buffer strips
will reduce runoff and prevent erosion
at a removal efficiency rate of 75 to 99
percent depending upon the ground
cover.65 In addition, vegetated buffer
strips catch and settle sediment
contained in the storm water runoff
prior to reaching receiving waters.
Silt Fence/Filter Fence—A low fence
made of filter fabric, wire and steel
posts, should be used on small
ephemeral drainage areas where storm
water collects or leaves a mine site. Silt
fences remove 97 percent of the
sediment load and are easier to maintain
and remove without creating lasting
impacts to the environment.66 Silt and
filter fences need to be inspected
periodically, and may not be as effective
as straw bales, since fabric may become
clogged with fine particles preventing
water flow.
Silt fences may have limited
applicability for large areas: they are
most effective for use in small drainage
areas. These fences may also be used in
conjunction with nonstructural
practices to maintain the integrity of soil
prior to the establishment of vegetation.
Siltation Berms—Siltation berms are
typically placed on the downslope side
of a disturbed area to act as an
impermeable barrier for the capture and
61 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990.
62 "Urban Targeting and BMP Selection," EPA,
Region V, November 1990.
63 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-74.
84 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-26.
65 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-7.
66 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
pageIV-75.
_
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50909
retention of sediments in surface water
runoff. Plastic sheeting is typically used
to cover the berm. The berm and tile
plastic sheeting may require periodic
maintenance and repair.
Brush Sediment Barriers—Brush
barriers are temporary sediment barriers
composed of tree limbs, weeds, vines,
root mat, soil, rock and other cleared
materials placed at the toe of a slope. A
brush barrier is effective only for small
drainage areas, usually less than % acre,
where the slope is minimal.
Brush barriers do not function as
permanent barriers since over time the
barrier itself will degrade. This BMP is
most effective when located at the toe of
a slope of an area in which vegetation
is being grown or during temporary
operations. The brush barriers remove
any excessive sediment which is
generated by erosion prior to the
establishment of vegetation.
a. Vegetation Practices. Vegetation
practices involve establishing a
sustainable ground cover by permanent
seeding, mulching, sodding, and other
such practices. A vegetative cover
reduces the potential for erosion of a
site by: absorbing the kinetic energy of
raindrops which would otherwise
impact soil; intercepting water so it can
infiltrate into the ground instead of
running off and carrying contaminated
discharges; and by slowing the velocity
of runoff to promote onsite deposition of
sediment. Vegetative controls are often
the most important measures taken to
prevent offsite sediment movement, and
can provide a six-fold reduction in the
discharge of suspended sediment
levels.07 Permanent seeding has been
found to be 99 percent effective in
controlling erosion for disturbed land
areas.08
Typically, the costs of vegetative
controls are low relative to other
discharge mitigation practices. Given
the limited capacity to accept large
volumes of runoff, and potential erosion
problems associated with large
concentrated flows, vegetative controls
should typically be used in combination
with other management practices. These
measures have been documented as
particularly appropriate for mining
sites.
Topsoilmg, Seedbed Preparation—
The addition of a layer of topsoil or
plant growth material provides an
improved soil medium for plant growth.
Seedbed preparation may include the
•'"Porformanco of Currant Sediment Control
Measures it Maryland Construction Sites," January
1090, Metropolitan Washington Council of
Governments, paga X.
""Sodlmont and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
rwgoIV-4.
addition of topsoil ingredients to be
mixed in with soils used for seedbed
preparation. Ripping, dicing, and
mixing soils promotes weed control and
aerates the soil, encouraging seedling
growth.
Broadcast Seeding and Drill
Seeding—Seeding and vegetative
planting are methods used to revegetate
an area. Broadcast seeding spreads seeds
uniformly, by hand or machine, to steep
sloped or rocky areas, flat surfaces, and
areas with limited access. Drill seeding
is performed using a rangeland drill
seeder and may not be used on rocky
surfaces. Drill seeding is more suitably
performed on flat, nonrocky surfaces,
where the machine can insert seeds into
the soil.
Willow Cutting Establishment—
Willow cutting establishment describes
a method of soil stabilization useful for
stream banks and other areas located
adjacent to water. Similar to
biotechnical stabilization, willow
cuttings are used to promote growth in
an area needing stabilization. Willow
cuttings are typically used to reinforce
a streambank or other moist area.
Willow cuttings require a great deal of
moisture and must be planted in areas
that remain moist for long periods in
order to take hold and grow.
F. Capping. In some cases, the
elimination of a pollution source
through capping contaminant sources
may be the most cost effective control
measure for some discharges from
inactive coal mines. Depending on the
type of management practices chosen
the cost to eliminate the pollutant
source may be very high. Once
completed, however, maintenance costs
will range from low to nonexistent.
Capping or sealing of waste materials
is designed to prevent infiltration, as
well as to limit contact between
discharges and potential sources of
contamination. Ultimately, capping
should reduce or eliminate the
contaminants in discharges. In addition,
by reducing infiltration, the potential for
seepage and leachate generation may
also be lessened.
The use of this practice depends on
the level of control desired, the
materials available, and cost
considerations. Many common liners
may be effective including common soil,
clay, and/or synthetic liners. Generally,
soil liners will provide appreciable
control for the lowest cost. Synthetic or
clay liners may be appropriate to cover
materials known to have a significant
potential to impact water quality.
EPA has identified a wide variety of
best management practices (BMPs) that
may be used to mitigate discharges of
contaminants at coal mines. Many of the
practices focus on sediment and erosion
control and are similar to BMPs used in
the construction industry. For more
details on the use and implementation
of these practices the reader is
encouraged to obtain a copy of one or
more of the many good sediment and
erosion control books available on the
market.69 In some cases (e.g., low pH
and/or high metals concentrations),
BMPs, and sediment and erosion
controls may not be adequate to produce
an acceptable quality of storm water
discharge. Under those circumstances
additional physical or chemical
treatment systems may be necessary to
protect the receiving waters.
g. Treatment. Treatment practices are
those methods of control which are
normally used to reduce the
concentration of pollutants in water
before it is discharged. This is in
contrast to many BMPs where the
emphasis is on keeping the water from
becoming contaminated. Treatment
practices may be required where flows
are currently being affected by exposed
materials and where other BMPs are
insufficient to meet discharge goals.
These practices are usually the most
resource intensive as they often entail
significant construction costs and
require monitoring and maintenance on
a frequent and regular basis. Treatment
options may range from high
maintenance controls to low
maintenance. High maintenance
treatment techniques require periodic
manpower to operate and maintain the
BMP. Low maintenance cost techniques
have initial capital costs but operate
with little long-term maintenance after
they are implemented. At a few sites,
treatment measures other than high
maintenance measures may be
appropriate to address specific
pollutants.
Chemical/Physical Treatment—An
example of a high maintenance
technology that is found at coal mining
facilities is chemical/physical treatment.
The most common type of chemical/
physical treatment involves the addition
of limestone to reduce the acidity of the
discharge and/or precipitate metals.
' Metals may be removed from
wastewater by raising the pH of the
wastewater to precipitate them out as
hydroxides. Typically, the pH of the
wastewater must be raised to 9 to 12
standard units in order to achieve the
69 "Best Management Practices for Mining in
Idaho," Idaho Department of State Lands,
November 1992; "Storm Water Management for
Construction Activities: Developing Pollution
Prevention Plans and Best Management Practices,"
EPA, September 1992, (EPA 832-R-92-005); and
"Erosion & Sediment Control Handbook," Goldman
et al., McGraw-Hill Book Company, 1986.
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50910
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
desired precipitation of metals. After
metals precipitation, the addition of
some form of acid or carbon dioxide
may be required to reduce the pH to
acceptable levels. Polymer addition may
be required to enhance the settling
characteristics of the metal hydroxide
precipitate. In general, this practice
requires significant operator
participation to ensure proper
neutralization and/or precipitation and
thus may not be cost effective for most
storm water discharges.
Artificial Wetlands—This type of
BMP system is gaining popularity as a
method of treating process wastewater
from inactive coal mines. They can be
an effective system for improving water
quality either alone or in conjunction
with other treatment practices. The
complex hydrologic, biological,
physical, and chemical interactions that
take place within a wetland result in a
natural reduction and cleansing of
influent pollutants. Wetland processes
are able to filter sediments, and absorb
and retain chemical and heavy metal
pollutants through biological
degradation, transformation, and plant
uptake.
Artificial wetlands are designed to
maintain a permanent pool of water.
Properly installed and maintained
retention structures (also known as wet
ponds) and artificial wetlands will be
most cost-effective when used to control
runoff from larger, intensively
developed sites. These artificial
wetlands are created to provide
treatment but also provide a wildlife
habitat, and enhance recreation and
landscape amenities. Artificial wetlands
are being intensely researched by the
Bureau of Mines as a means of
mitigating acid mine drainage.
EPA strongly discourages the use of
natural wetlands as part of the treatment
system because they are considered to
be waters of the United States. The
necessary controls, or BMPs, must be
provided prior to discharging the storm
water runoff to natural wetlands or
other receiving waters.
In summary, a wide variety of BMPs
are available for inactive coal mines and
for use along haul roads and access
roads at active coal mines. These
measures range from simple low cost,
low maintenance source reduction
practices such as diversion structures to
high cost, maintenance intensive
practices such as •wetlands treatment.
Clearly, the selection of a practice or
group of practices will be site-specific
depending on conditions and potential
impacts as well as the resources
available at each site. A specific best
available technology (or technologies)
cannot be determined because of the
differences between sites and the
quantities and characteristics of their
discharges.
4. Storm Water Pollution Prevention
Plan Requirements
Specific requirements for the
pollution prevention plan for coal mines
and coal mining related facilities are
described below. These requirements
must be implemented in addition to the
common pollution plan provisions
described in Section VI. C. of this fact
sheet.
a. Contents of the Plan. Under the
description of potential pollutant
sources section, all coal mining and
related facilities are required to describe
all potential pollutant sources and
provide the locations of these sources.
(1) A site map, such as a drainage map
required for SMCRA permits, must
indicate drainage areas and storm water
outfalls from the potential pollutant
sources as indicated in item 1 above.
The map should provide, but not be
limited to, the following information:
(a) Drainage direction and discharge
points from all applicable mining-
related areas, including culvert and
sump discharges from roads and rail
beds and also from equipment and
vehicle maintenance areas, lubricants
and other potentially harmful liquids
(b) Location of each existing erosion and
sedimentation control structure and
other control measures for reducing
pollutants in storm water runoff
(c) Receiving streams or other surface
water bodies
(d) Locations exposed to precipitation
which contain acidic or metal ladened
spoil, refuse, or unreclaimed
disturbed areas
(e) Locations where major spills or leaks
of toxic or hazardous pollutants have
occurred
(fl Locations where liquid storage tanks
containing potential pollutants, such
as caustics, hydraulic fluids and
lubricants, are exposed to
precipitation
(g) Locations where fueling stations,
vehicle and equipment maintenance
areas are exposed to precipitation
The site map must also indicate the
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls (e.g. storm water
and air conditioner condensate). In
order to increase the readability of the
map, the inventory of the types of
discharges contained in each outfall
may be kept as an attachment to the site
map.
Under the measures and controls
section, operators of the inactive and
active coal mines are required to
describe storm water management
controls for coal mining-related
facilities, including the following:
(2) Compliance with SMCEA
Requirements. The Surface Mining
Control and Reclamation Act (SMCRA)
regulations require sediment and
erosion control measures and practices
for haul roads and most of the other
active mining-related areas covered by
this section. All such SMCRA
requirements are also requirements of
the pollution prevention plan and other
applicable conditions of this section.
(3) Good Housekeeping Practices. The
purpose of good housekeeping practices
is to remove or lessen the potential
pollution sources before they come into
contact with storm water. This includes
collection and removal of waste oils
collected in traps; cleaning up exposed
maintenance areas of spilled lubricants
and fuels, and similar measures; and
preventing the offsite movement of dust
by sweeping or by road watering.
(4) Preventive Maintenance. A timely
maintenance program should include:
inspections for preventing breakdowns,
corrosion of tanks and deterioration of
pressure fuel-or slurry pressure lines;
periodic removal and disposal of
accumulated solids in sediment traps;
and replacement of straw bales and
other control measures subject to
weathering and deterioration.
(5) Inspections. For all SMCRA
regulated active mining-related sites,
which include most of the active
facilities under this section, SMCRA
authorities are required to conduct
regular quarterly inspections.
Coordinated inspections by the facility
representative would be expected to
take place either before, during or after
the complete SMCRA inspections.
Therefore, inspections by the facility
representative would not be placing an
undue burden on the facility. In
addition, sediment and erosion control
measures should be evaluated at least
once yearly during a storm period of at
least 0.1 inch rainfall where
effectiveness can be evaluated first
hand. Observations should also be made
at this time of resulting impact of any
settled solids in the receiving stream.
Inactive coal mines should be
inspected at least once yearly, except
where very remote, to maintain an
appraisal of sediment and erosion
control measures, determine
outstanding problem areas, and plan for
improved measures.
(6) Employee Training. There are no
employee training requirements beyond
those described in Section VLC.
(7) Prohibition of Non-storm Water
Discharges. Many inactive mines and
portions of inactive mines are.
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abandoned underground mines which
havo scops or other discharges which
aro not in response to storm events.
Those type discharges from inactive
mines are not covered by this section. In
addition, floor drains from maintenance
buildings and other similar drains in
mining and preparation plant areas may
contain contaminants and are
prohibited from inclusion in this
section.
(8) Sediment, Erosion and Flow
Management Controls. The plan must
describe all sediment, erosion, and flow
management controls used to control
storm water discharges. The plan should
also address the reasonableness and
appropriateness of each sediment,
erosion, and flow management control,
and identify when they are required by
State or Federal SMCRA regulations. For
tho most part, these measures are best
management practices expected of
construction and other activities which
are subject to storm runoff. However,
construction activities are usually much
more short term than mining activities,
so greater emphasis must be placed on
implementing long term measures for
haul roads and other mining-related
facilities.
b. Comprehensive Site Compliance
Evaluation. In addition to the
comprehensive site compliance
evaluation described in Section VT.C.4.
of this fact sheet, the plan must be
implemented and, where erosion
control and pollution prevention
measures dnscribed in the plan are
found deficient, the plan must be
revised to include reasonable and
appropriate control measures. Reports
including observations and incidences
of noncompliance must be prepared and
kept on file for possible review.
5. Numeric Effluent Limitation
Based on the lack of sampling data, it
is infeasible for EPA to calculate
effluent limitations at this time. The
main pollutant concern is excess solids
runoff and discharge, but there are no
widely accepted solids limits which
could be expected from the
recommended sediment and erosion
control measures. The 0.5 ml/L
settleable solids limit, as required by 40
CFR Part 434 for storm discharges from
surface mine settling ponds, can be
considered a goal but not a requirement
for control measures, which for the most
part, consist of sediment ditches, straw
bales and similar structures normally
used for haul roads. The permit does not
cover facilities that are in violation of
water quality standards and where
water quality-based effluent limits
apply.
6. Monitoring and Reporting
Requirements
a. Monitoring Requirements. EPA
believes that coal mining facilities may
reduce the level of pollutants in storm
water runoff from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. In order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan and to characterize the discharge
for potential environmental impacts,
Table H-l lists the pollutants that coal
mining facilities are required to collect
and analyze in their storm water
discharges. The pollutants listed in
Table H-4 were found to be above levels
of concern for a significant portion of
coal mining facilities that submitted
quantitative data in the group
application process. Because these
pollutants have been reported at
benchmark levels from coal mining
facilities, EPA is requiring monitoring
after the pollution prevention plan has
been implemented to assess the
effectiveness of the pollution prevention
plan and to help ensure that a reduction
of pollutants is realized.
Permittees can exercise the alternative
certification on a pollutant-by-pollutant
basis as described under Section (1)
below. Any pollutant(s) for which the
facility is unable to certify to no
exposure must, at a minimum, monitor
storm water discharges from coal
mining facilities on a quarterly basis
during the second year of permit
coverage. Monitoring must be performed
during the following periods: January
through March; April through June; July
through September; and October
through December. At the end of the
second year of permit coverage, a
facility must calculate the average
concentration for each parameter listed
in Table H—4. If the permittee collects
more than four samples in this period,
then they must calculate an average
concentration for each pollutant of
concern for all samples analyzed.
TABLE H-4.—MONITORING REQUIREMENTS COAL MINING FACILITIES MG/L
Pollutants of concern
Total Recoverable Iron
Total Susoended Solids (TSS)
Monitoring cut-off
concentration
0.75 mg/L
1 .0 mg/L
100 mq/L
If the average concentration for a parameter is less than or equal to the appropriate cut-off concentration, then
tho permittee is not required to conduct quantitative analysis for that parameter during the fourth year of the permit.
If, however, the average concentration for a parameter is greater than the cut-off concentration listed in Table H-
4, then the permittee is required to conduct quarterly monitoring for that parameter during the fourth year of permit
coverage. Monitoring is not required during the first, third, and fifth year of the permit. The exclusion from monitoring
in the fourth year of the permit is conditional on the facility maintaining industrial operations and BMPs that will
ensure a quality of storm water discharges consistent with the average concentrations recorded during the second year
of the permit. The schedule for monitoring is presented in Table H-5. •
TABLE H-5.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table H-4, then quarterly sam-
pling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table H-4, then no fur-
ther sampling is required for that parameter. ....
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TABLE H-5.—SCHEDULE OF MONITORING—Continued
4th Year of Permit Coverage
Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Table H-4.
If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will be used to
reassess the effectiveness of the adjusted
pollution prevention plan.
The monitoring cut-off concentrations
listed in Table H-4 are not numerical
effluent limitations. These values
represent a level of pollutant discharge
which facilities may achieve through
the implementation of pollution
prevention plans. At least half of the
facilities which submitted Part 2 data
reported concentrations greater than or
equal to the values listed in Table H-4.
Facilities that achieve average discharge
concentrations which are less than or
equal to the appropriate cut-off
concentration values are not relieved
from the pollution prevention plan
requirements or any other requirements
of the permit.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
(1) Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
certification described below is
necessary to ensure that monitoring
requirements are only imposed on those
facilities that do, in fact, have storm
water discharges containing pollutants
at concentrations of concern. EPA has
determined that if materials and
activities are not exposed to storm water
at the site, then the potential for
pollutants to contaminate storm water
discharges does not warrant monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring described in Table H-4,
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,
and 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (2) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
(2) Reporting Requirements.
Permittees are required to submit all
monitoring results obtained during the
second and fourth year of permit
coverage within 3 months of the
conclusion of each year. For each
outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. For facilities conducting
monitoring beyond the minimum
quarterly requirements, an additional
Discharge Monitoring Report Form must
be filed for each analysis.
(3) Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding ;
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable, permittees must
attempt to sample the storm water
disqharge before it mixes with the non-
storm Water discharge.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
b. Visual Examination of Storm Water
Quality. Visual examinations of a storm
water discharge from each outfall are
required except at inactive areas not
under SMCRA bond. Active areas under
SMCRA bond that are located in areas
with an average annual precipitation
greater than 20 inches must perform the
visual examinations quarterly. Active
areas under SMCRA bond with an
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50913
average annual precipitation less than or
equal to 20 inches are required to
perform visual examinations on a
semiannual basis. The examination
must bo of a grab sample collected from
each, storm water outfall. The
examination of storm water grab
samples shall include any observations
of color, odor, turbidity, floating solids,
foam, oil sheen, or other obvious.
indicators of storm water pollution. The
examination must be conducted in a
well lit area. No analytical tests are
required to be performed on these
samples.
The examination must be made at
least once in each designated period
during daylight hours unless there is
insufficient rainfall or snow-melt to
runoff. Whenever practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Examinations
shall be conducted in each of the
following periods for the purposes of
inspecting storm water quality
associated with storm water runoff and
snow melt: January through March;
April through June; July through
September; October through December.
Grab samples shall be collected within
the first 30 minutes (or as soon
thereafter as practical, but not to exceed
1 hour) of when the runoff begins
discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.). For
facilities that have an average annual
precipitation of 20 inches or less or are
designated inactive by SMCRA, EPA
requires semiannual visual
examinations instead of quarterly.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
provide.meaningful results upon which
the facility may act quickly. The
frequency of this visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
he used to ensure that appropriate
actions are taken in response to the
examination. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
I. Storm Water Discharges Associated
With Industrial Activity From Oil and
Gas Extraction Facilities
1. Industry Profile
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharges
associated with an industrial activity."
This definition includes point source
discharges of storm water from eleven
major categories of facilities, including:
"* * * (iii) facilities classified as
Standard Industrial Classification (SIC)
codes 10 through 14, including * * *
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, by-products, or waste
products located on the site of such
operations."
As stated above and at 40 CFR
122.26(b)(14)(iii), only those oil and gas
facilities that discharge 'contaminated'
storm water are required to submit
permit applications under the
November 16,1990, storm water rule.
For oil and gas facilities, contamination
means that there has been a release of
a Reportable Quantity (RQ) of oil or
hazardous substances in storm water
since November 16,1987 (hereinafter
referred to as 'an RQ release"). Only
those facilities that have had an RQ
release are required to submit a storm
water permit application.
This section of today's permit only
covers storm water discharges
associated with industrial activities
from oil and gas exploration,
production, processing, or treatment
operations, or transmission facilities.
Hereinafter, the facilities listed above
will be referred to as "oil and gas
facilities." Oil and gas facilities eligible
to seek coverage under this section
include the following types of
operations: crude petroleum and natural
gas (SIC Code 1311), natural gas liquids
(SIC Code 1321), drilling oil and gas
wells (SIC Code 1381), oil and gas field
exploration services (SIC Code 1382), oil
and gas field services, not elsewhere
classified (SIC Code 1389).
These industries include the
extraction and production of crude oil,
natural gas, oil sands and shale; the
production of hydrocarbon liquids and
natural gas from coal; and associated oil
field service, supply, and repair
industries. Many of the oil field service
facilities may also manufacture oil field
equipment. Discharges associated with
these manufacturing activities shall be
covered by this section if the primary
activity of the facility is grouped under
Major SIC Group 13.
Pursuant to Section 311 of the Clean
Water Act and Section 102 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA), RQs were established for
oil and hazardous substances. As
defined at 40 CFR Part 110, an RQ is
"the amount of oil that violates
applicable water quality standards or
causes a film or sheen upon or a
discoloration of the surface of the water
or adjoining shorelines or causes a
sludge or emulsion to be deposited
beneath the surface of the water or upon
adjoining shorelines." The RQs for other '
substances are listed in 40 CFR 117.3
and 302.4 in terms of pounds released
over any 24-hour period.
Discharges covered by this section
include all storm water discharges from
facilities which have had an RQ release
where precipitation and storm water
runon come into contact with
significant materials including, but not
limited to, drilling and production
equipment and other machinery, raw
materials, waste products, by-products,
finished products, stored materials, and
fuels. This includes storm water
discharges from access roads, and rail
lines used or traveled by carriers of raw
materials, manufactured products, waste
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materials, or by-products created by the
facility. .
This section does not cover storm
water discharges from inactive oil and
gas extraction facilities located on
Federal lands, unless an operator of the
activity can be identified. These
discharges are more appropriately
covered under a permit currently being
developed by EPA.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
Oil and gas exploration and
production includes all activities related
to the search for, and extraction of,
liquid and gas petroleum from beneath
the earth's surface. Found almost
exclusively in sedimentary rocks, oil
and natural gas accumulate in geologic
confinements called traps which, by
virtue of an impermeable overlying
layer, have stopped the migration of the
fluid. The volume, of petroleum
contained in a trap can vary from
negligible to billions of barrels.
Though at one time such traps may
have been close enough to the surface to
allow easy detection (i.e., surface
seepage), modern exploration relies on
• sophisticated geophysical testing
techniques to locate potentially
producible formations. Gravitational
and seismic surveys of subsurface
geology provide indirect indications of
the likelihood of finding promising
geological formations. This process is
complicated by the fact that, at least in
the U.S., the average depth at which one
may reasonably expect to find oil is
increasing since many of the largest
shallow formations are assumed to have
been found already.
Drilling operations require
construction of access roads, drill pads,
mud pits, and possibly work camps or
temporary trailers. -Drill pads are areas
used to stage the drilling operation and
generally range from 2 to 5 acres. The
pad accommodates the drilling rig and
associated operations including pumps,
reserve pits, and mud tanks.
Modern well drilling involves the use
of a rotary drill to bore through soil and
rock to the desired well depth. The drill
bit is constantly washed with a
circulating drilling fluid, or "mud,"
which serves to cool and lubricate the
bit and remove the cuttings to the
surface. The drilling mud also serves to
prevent "blowouts" from overpressured
water and gas bearing formations. If the
drill reaches the desired depth and fails
to Ipcate a producible deposit of oil or
gas, the well must be plugged and the
site abandoned. Even if oil and/or gas is
found the well may not be producible.
If the formation fails to exhibit the right
combination of expected volume,
porosity, and permeability, the costs of
extraction would be prohibitive.
After a well has been drilled, it is
"completed" if well logging data
indicate that the well is capable of
producing commercial quantities of oil
or gas. Completion includes a number of
operations that may be necessary to
allow the well to produce oil or gas.
These include installing and cementing
casing, installing the production tubing
and downhole equipment, repairing
damage that drilling may have caused to
the formation, and possibly stimulating
the well. During a well's active h'fe,
periodic "workovers" are necessary.
Workovers can include a number of
procedures intended to maintain or
enhance production. These can include
repairing or replacing downhole
equipment, removing accumulated scale
or paraffin from tubing or casing, and
stimulating the formation to restore or
enhance production. Wells are
stimulated, whether by treating with
acid or fracturing, during completion or
workover or both: it is common for
wells to be stimulated at completion
and then periodically throughout their
lives.
Acid stimulation involves introducing
an acid solution to the formation. The
acid dissolves the rock, thus creating or
enlarging flow path openings. Acids are
also used to repair damage to formations
caused by drilling or other operations.
In addition, they may be used for scale
removal and other purposes. Fracturing
by hydraulic pressure is achieved by
pumping fluids at high pressure (i.e., at
high rates) into the well, thereby
causing material failure of the rock in
the formation of interest (i.e., fractures).
Fracturing is also done using explosive
devices to fire projectiles into the
formation of interest. The fractures
induced in the formations serve as flow
paths for hydrocarbons.
In instances where the reservoir is
sufficiently large, "delineation" wells
are drilled to determine the boundary of
the reservoir and additional
"development" wells are drilled to
increase the rate of production from the
"field." Because few new wells in the
U.S. have sufficient energy (pressure) to
force oil all the way to the surface,
surface or submersible pumps are
placed at the wells and production
begins.
This first phase of production,
primary production, may continue for
several to many years, requiring only
routine maintenance to the wells as they
channel oil to the surface for delivery to
refineries. However, as the oil is
removed from the formation, the
formation pressure decreases until the
wells will no longer produce. Because
70 percent of the total recoverable oil
may remain in the formation, additional
energy may be supplied by the
controlled injection of water from the
surface into the formation. The injected
water acts to push the oil toward the
well bores. Such secondary recovery or
"water flooding" projects may employ
hundreds of injection wells throughout
a field to extend the life of the wells. .
Much of the water used for injection is
pumped along with oil from the
producing well, separated from the oil,
and then reinjected.
Produced fluid, as pumped from a
well, is sent through one or more .
process units to separate the waste
fractions (e.g., produced water,
emulsions, scale, and produced sand)
from the salable hydrocarbon.
As oil and gas are recovered from
wells, they are collected or gathered in
pipelines for transport to produced fluid
treatment facilities. These facilities
separate marketable gas and crude oil
from water and sand.
Often, service companies are hired by
the oil company to perform many of the
activities described above. Typically
these contractors drill the wells and
perform other specific tasks such as
installing casing, conducting formation
tests, and managing wastes, etc. When a
well or field ceases to produce oil or gas
at an economically feasible rate, the .'
field must be abandoned and reclaimed.
2. Pollutants in Storm Water Discharges
Associated with Oil and Gas Facilities
Exploration and production
techniques will vary depending on the
type and characteristics of formations,
pollutants present, and waste ,
management controls. Therefore,
impacts associated with storm water
discharges from oil and gas facilities
will vary. Several other factors influence
to what extent significant materials from
these types of facilities and processing
operations can affect water quality.
_
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50915
Such factors include: hydrology/
geology; the types of chemical additives
and lubricating fluids used; the
procedure for waste management; the
nature and size of the RQ release; the
amount of contamination remaining
after the RQ release; the size of the
operation; and type, duration, and
intensity of precipitation events. These
and other factors will interact to
influence the quantity and quality of
storm water runoff. In addition, sources
of pollutants other than storm water,
such as illicit connections,70 spills, and
other improperly dumped materials,
may increase the pollutant loadings
discharged into waters of the United
States.
Based on information submitted with
the group applications and other
documents, EPA has identified some
storm water pollutants and sources
typically associated with oil and gas
facilities in Table 1-1. Due to distinct
industrial activities and materials used
at facilities, however, sources and
associated pollutants will vary from site
to site. The pollutants listed in Table I-
1 are not meant to be a comprehensive
listing of all potential storm water
pollutants at oil and gas facilities.
TABLE 1-1.—ACTIVITIES, POLLUTANT SOURCES, AND POLLUTANTS
Activity
Pollutant source
Pollutant
Construction of:
—Access Roads
—Drill Pads
—Reserve Pits
—Personnel Quarters
—Surface Impound-
ments
Woll Drilling
Soil/dirt, leaking equipment and vehicles ....
Well Completion/Stimulation
Production ......
Equipment Cleaning and
Repairing.
Site Closures
Drilling fluid,1 lubricants, mud, cuttings, produced water
Fluids (used to control pressure in well), cement, resid-
ual oil, acids, surfactants, solvents, produced water,
sand.
Produced water, oil, waste sludge, tank bottoms, acids,
oily debris, emulsions.
Cleaning solvents, lubricants, chemical additives
Residual muds, oily debris ,
TSS, TDS, oil and grease.
TSS, TDS, oil and grease, COD, chlorides, barium,
naphthalene, phenanthrene, benzene, lead, arsenic,
fluoride.
TSS, TDS, oil and grease, COD, pH, acetone, toluene,
ethanol xylenes.
Chlorides, TDS, oil and grease, TSS, pH, benzene,
phenanthrene, barium, arsenic, lead, antimony.
TSS, TDS, oil and grease, pH.
TSS, TDS, oil and grease.
'The potential contaminants to be found in drilling fluid varies from site to site, depending on the components of the fluid and any pollutants
added due to use of the fluid. Storm water discharges that come into contact with used drilling fluids may include the following pollutants, among
others: toluene, ethyl benzene, phenol, benzene, and phenanthrene. Used drilling fluids may also contain inorganic pollutants from additives or
downhola exposure, such as arsenic, chromium, lead, aluminum, sulfur, and various sulfates.
Based on the similarities of the facilities included in this sector in terms of industrial activities and significant
materials, EPA believes it is appropriate to discuss the potential pollutants at oil and gas extraction facilities as a
whole and not subdivide this sector. Therefore, Table 1-2 lists data for selected parameters from facilities in the oil
and gas extraction sector. These data include the eight pollutants that all facilities were required to monitor under
Form 2F.
TABLE 1-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY OIL AND GAS EXTRACTION FACILITIES SUBMITTING
PART II SAMPLING DATA' (MG/L.)
Pollutant
Sample type
BOO» J4.J1U...U
COO...
Nftrala + N'Wlo NJttogan .
Total KjftktaN Nitrogen _
Oil & Grease .__._.,......
oH ,„,,„„„,,„,,„,„ -,
TcXsl Ptiospbc*U5 .,...„.._.
No. of facilities
Grab
34
35
34
35
35
34
35
35
Comp"
32
32
31
32
N/A
N/A
32
32
No. of samples
Grab
39
40
39
40
40
40
40
41
Comp
37
35
35
34
N/A
N/A
37
34
Mean
Grab
13.9
138.3
0.47
1.31
9.4
N/A
16.17
332 ,
Comp
10.7
112.2
0.54
1.52
N/A
N/A
3.98
369
Minimum
Grab
0.0
14.0
0.00
0.00
0.0
5.9
0.00
3
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.00
1
Maximum
Grab
116.0
1050.0
5.50
9.00
189.0
11.3
149.72
1657
Comp
90.0
450.0
9.90
14.50
N/A
N/A
50.74
4186
Median
Grab
10.4
78.5
0.15
0.69
3.0
7.2
0.20
70
Comp
7.0
78.0
0.09
0.83
N/A
N/A
0.16
40
95th percentile
Grab
32.9
401.9
2.06
4.68
24.7
9.2
68.03
1820
Comp
26.8
330.4
2.10
5.49
N/A
N/A
20.01
1831
99th Percentile
Grab
52.9
755.3
6.17
9.75
56.0
10.0
461.08
6110
Comp
44.8
601.4
7.15
12.56
N/A
N/A
102.13
7869
'Appfcatkm« that dW not report Bra units of measurement for the reported values of pollutants were not included In these statistics. Values reported as non-detect or below detection limit were
auumad to bo 0. . '
"Cornpoiile umptea.
3. Options for Controlling Pollutants
In evaluating options for controlling pollutants in storm water discharges, EPA must achieve compliance with the
technology-based standards of the Clean Water Act [Best Available Technology (BAT) and Best Conventional Technology
(BCT)]. The Agency does not believe it is necessary to establish specific numeric effluent limitations or a specific
design or performance standard in this section for storm water discharges associated with industrial activity from oil
and gas facilities to meet the BAT/BCT standards of the Clean Water Act. Rather than setting limits, this section
establishes requirements for the development and implementation of a site-specific storm water pollution prevention
plan consisting of a set of BMPs that are sufficiently flexible to address different sources of pollutants at different
sites.
"Illicit connections are contributions of
unpcrmittod non-storm water discharges to storm
tower* from any of a number of sources including
sanitary sewers, industrial facilities, commercial
establishments, or residential dwellings. The
probability of illicit connections at mineral mining
and processing facilities is low yet it still may be
applicable at some operations. . , .'.
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The selection of the most effective BMPs will be based on site-specific considerations such as: facility size, climate,
geographic location, geology/hydrology and the environmental setting of each facility, and volume and type of discharge
generated. Each facility will be unique in that the source, type and volume of contaminated storm water discharges
will differ. In addition, the fate and transport of pollutants in these discharges will vary. EPA believes that the management
practices discussed herein are well suited mechanisms to prevent or control the contamination of storm water discharges
associated with facilities in this category.
Two types of BMPs which may be implemented to prevent, reduce or eliminate pollutants in storm water discharges
are those which minimize exposure (e.g., covering, curbing, or diking) and treatment type BMPs which are used to
reduce or remove pollutants in storm water discharges (e.g., oil/water separators, sediment basins, or detention ponds).
EPA believes .exposure minimization is an effective practice for reducing pollutants in storm water discharges from
oil and gas facilities. Exposure minimization practices lessen the potential for storm water to come in contact with
pollutants. These methods are often uncomplicated and inexpensive. They can be easy to implement and require little
or no maintenance. EPA also believes that in some instances more resource intensive treatment type BMPs are appropriate
to reduce pollutants such as suspended solids and oil/grease in storm water discharges associated with oil and gas
facilities. Though these BMPs are somewhat more resource intensive, they can be effective in reducing pollutant loads
and may be necessary depending on the type of discharge, types and concentrations of contaminants, and volume
of flow.
The types of BMPs used may depend upon the methods of waste management utilized at a facility. Waste management
and disposal practices at oil and gas facilities may vary significantly. For example, techniques for disposal of produced
water and associated wastes include the following: landfarming/spreading (spreading wastes on land surfaces to stimulate
biological degradation); backfilling (storing wastes in a pit and then covering with dirt or other materials); evaporation
(in more arid parts of the country, liquid wastes are left exposed and eventually evaporate or percolate into the ground);
discharging wastes (sometimes treated) to waters of the United States (NPDES permits are required for such discharges);
injection (injecting wastes back into the ground for disposal); and offsite disposal (wastes are taken offsite to a commercial
facility for disposal).
The pollutants of concern and the BMPs employed at an oil and gas facility depend upon which, if any, of the
disposal techniques listed above are utilized. Where wastes are used for onsite road application, for example, all pollutant
constituents of that waste need to be considered a potential contributor to contaminated 'storm water discharges. In
addition, the areas at the facility where road application occurs must also be considered when BMPs are being imple-
mented. In contrast, if all waste is taken to an offsite disposal facility, the waste will most likely not affect the storm
water discharges and the areas of concern will not be expanded.
Table 1-3 lists some BMPs which may be effective in limiting the amount of pollutants in storm water discharges
from oil and gas facilities. The BMPs listed are not necessarily required to be implemented. Rather, BMPs should
be chosen based on the specific nature of the storm water discharges at each oil and gas facility and implemented
as appropriate. Some of these BMPs involve reducing the amount of waste produced and stored onsite which can
potentially contaminate storm water. Based on part 1 information, several of the BMPs suggested are already in place
at many of the facilities. Part 1 submittals indicate that diking or other types of diversion occur at approximately
57 percent of the sampling facilities. Thirty percent of the sampling facilities noted that they use some form of covering
as a BMP, and catch basins are in place at 12 percent of the sampling facilities. In addition, 11 percent of the facilities
designated as samplers in part 1 information reported they had a Spill Prevention Control and Countermeasure Plan
in place, and 16 percent had a material management plan.
TABLE 1-3.—SUGGESTED BMPs FOR OIL AND GAS FACILITIES
Suggested BMPs
Utilize diking and other forms of containment and diversion around storage tanks, drums of oil, acid, production chemicals, and liquids, reserve
pits, and impoundments.
Use diking and other forms of containment and diversion around material handling and processing areas.
Use porous pads under drum and tank storage areas.
Use covers and/or lining for waste reserve and sludge pits to avoid overflows and leaks.
Use drip pans, catch basins, or liners during handling of materials such as tank bottoms.
Reinject or treat produced water instead of discharging it.
Limit the amount of land disturbed during construction of access roads and facilities.
Employ spill plans for pipelines, tanks, drums, etc.
Recycle oily wastes, drilling fluids and other materials onsite, or dispose of properly.
Take wastes offsite to be disposed of instead of burying them.
Use oil water separators.
4. Special Conditions
There are no additional requirements beyond those described in Part VLB. of this fact sheet.
5. Storm Water Pollution Prevention
Plan Requirements
a. Contents of the Plan. Specific
requirements for the pollution
prevention plan for oil and gas
extraction facilities are described below.
These requirements must be
implemented in addition to the common
prevention plan provisions discussed in
Section VI.C. of this fact sheet.
(I) Description of Potential Pollutant
Sources. Facilities under this section
cover a broad range of oil field activities
and service industries.
Drilling sites have large disturbed
areas which will contribute additional
sediments and suspended solids to the
storm water runoff. Well drilling
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50917
includes the use of many hazardous
chemicals and materials. These include
drilling muds, well casing cement,
fractionating gels, and well treatments.
Tho storage, mixing, and handling of
theso materials are potential pollutant
sources.
Oil field service industries provide a
variety of services for exploration and
production activities. These service
industries often store and mix chemicals
for drilling muds, well casing cement,
fractionating gels, and well treatments at
tho facility. The storage and mixing
areas are potential pollutant sources.
Often, mixing areas and equipment are
exposed to storm water. Many oil field
service facilities manufacture some oil
field equipment components. The
exposed raw materials, intermediate
products, finished products, and waste
products are potential sources of
pollutants in storm water.
In its description of potential
pollutant sources, a facility must
include information about the RQ
release which triggered the permit
application requirements. Such
information must include: the nature of
tho release (e.g., spill of oil from a drum
storage area); the amount of oil or
hazardous substance released; amount
of substance recovered; date of the
release; cause of the release (e.g., poor
handling techniques as well as lack of
containment in area); area affected by
release, including land and waters;
procedure to cleanup release; and
remaining potential contamination of
storm water from release.
(2) Measures and Controls.
(a) RQ Releases—The permittee must
describe the measures taken to clean up
RQ releases or related spills of
materials, as well as measures proposed
to avoid future releases of RQs. Such
measures may include, among others:
improved handling or storage
techniques; containment around
handling areas of liquid materials; and
use of improved spill cleanup materials
and techniques.
(b) Vehicle and Equipment Storage
Areas—Vehicles and equipment
associated with oil field activity are
often coated with oil, oil field drilling
muds, and the chemicals associated
with drilling. These vehicles and
equipment are a significant source of
pollutants. The permittee must address
these areas, and institute practices to
minimize pollutant runoff from this
area.
(c) Vehicle and Equipment Cleaning
and Maintenance Areas—The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from all areas used for
vehicle and equipment cleaning. The
facility may consider performing all
cleaning operations indoors, covering
the cleaning operation, and/or collecting
the storm water runoff from the cleaning
area and providing treatment or
recycling. These cleaning and
maintenance activities can result in the
exposure of cleaning solvents,
detergents, oil and grease and other
chemicals to storm water runoff. The
use of drip pans, maintaining an
organized inventory of materials used in
the shop, draining all parts of fluids
prior to disposal, prohibiting the
practice of hosing down the shop floor
where the practice would result in the
exposure of pollutants to storm water,
using dry cleanup methods, and/or
collecting the storm water runoff from
the maintenance area and providing
treatment or recycling may reduce the
pollutants discharged in storm water
runoff.
(d) Materials Storage Areas—Storage
units of all chemicals and materials
(e.g., fuels, oils, used filters, spent
solvents, paint wastes, radiator fluids,
transmission fluids, hydraulic fluids,
detergents drilling mud components,
acids, organic additives) may result in
the contamination of storm water
discharges. Labeling of all storage
containers helps facility personnel to
respond effectively to spills or leaks.
Additionally, covered storage of the
materials and/or installation of berming
and diking at the area can be effective
BMPs.
(e) Chemical Mixing Areas—Chemical
mixing (e.g., the mixing of drilling
muds, fractionating gels, mixing well
casing cement, and well treatment acids
and solvents) at both well sites and at
facilities with service drilling activities
have significant potential to
contaminate storm water runoff. The
facility should consider covering the
mixing area, using spill and overflow
protection, minimizing runon of storm
water to the mixing area, using dry
cleanup methods, and/or collecting the
storm water runoff and providing
treatment or recycling. The facility
should consider installation of berming
and diking of the area. The waste water
pollutants associated with produced
waters, drilling muds, drill cuttings and
produced sand from any source
associated with onshore oil and gas
production, field exploration, drilling,
well completion, or well treatment are
prohibited from being discharged (40
CFR 435.32).
(fl Preventive Maintenance—The
preventive maintenance program must
include the inspection of all onsite and
offsite mixing tanks and equipment, and
inspection of all vehicles which carry
supplies and chemicals to oil field
activities. These mixing tanks and
vehicles carry large volumes of
fractionating chemicals and gels,
cements, drilling muds, and well
treatment chemicals and acids that
potentially may contaminate waters of
the United States if leaks or spills occur.
(g) Inspection Frequency—All
equipment and areas addressed in the
pollution prevention plan shall be
inspected semiannually. Equipment and
vehicles which store, mix or transport
hazardous materials will be inspected
quarterly. Inspections shall also include
the inspection of all onsite mixing tanks
and equipment, and inspection of all
vehicles which carry supplies and
chemicals to oil field activities. These
mixing tanks and vehicles carry large
volumes of fractionating chemicals and
gels, cements, drilling muds, and well
treatment chemicals and acids that
potentially may contaminate waters of
the United States if leaks or spills occur.
6. Numeric Effluent Limitation
There are no additional numerical
effluent limitations beyond those listed
in Part V.B. of today's permit.
7. Monitoring and Reporting
Requirements
a. Monitoring Requirements. The ,
regulatory modifications at 40 CFR
122.44 (i)(2) established on April 2,
1992, grant permit writers the flexibility
to reduce monitoring requirements in
storm water discharge permits. EPA has
determined that the potential for storm
water discharges to contain pollutants
above benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
support sampling at oil and gas
facilities. Based on a consideration of
the BMPs typically used at these
facilities, and generally low pollutant
values from the application data, EPA
believes that the pollution prevention
plan with visual examinations of storm
water discharges will help to ensure
storm water contamination is
minimized. Because permittees are not
required to conduct sampling, they will
be able to focus their resources on
developing .and implementing the
pollution prevention plan.
Quarterly visual examinations of a
storm water discharge from each outfall
are required at oil arid gas facilities. The
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples,shall include any observations
of color, odor, turbidity, floating solids,
foam, oil sheen, or other obvious
indicators of storm water pollution. The
examination must be conducted in a
well lit area. No, analytical tests are ,. .,
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required to be performed on these
samples.
The examination must be made at
least once in each designated period
during daylight hours unless there is
insufficient rainfall or snow-melt to
produce a runoff. Whenever practicable,
the same individual should carry out
the collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Examinations
shall be conducted in each of the
following periods for the purposes of
visually inspecting storm water quality
associated with storm water runoff and
snow melt: January through March;
April through June; July through
September; October through December.
Grab samples shall be collected within
the first 30 minutes (or as soon
thereafter as practical, but not to exceed
60 minutes) of when the runoff begins
discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
As discussed above, EPA does not
believe that chemical monitoring is
necessary for oil and gas facilities. EPA
believes that between quarterly visual
examinations and site compliance
evaluations potential sources of
contaminants can be recognized,
addressed, and then controlled with
BMPs. In determining the monitoring
requirements, EPA considered the
nature of the industrial activities and
significant materials exposed at these
sites, and performed a review of data
provided in Part 2 group applications.
/. Storm Water Discharges Associated
With Industrial Activity From Mineral
Mining and Processing Facilities
1. Industry Profile
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharges
associated with industrial activity."
This definition included point source
discharges of storm water from eleven
major categories of facilities, including:
"* * * (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
noncoal 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 storm water
contaminated by contact with, any
overburden, raw material, intermediate
products, finished products, by-
products or waste products located on
the site of such operations."
This section only covers storm water
discharges associated with industrial
activities from active and inactive
mineral mining and processing
facilities. Mineral mining and
processing facilities eligible to seek
coverage under this section include the
following types of operations:
Dimension Stone (SIC Code 1411);
Crushed and Broken Limestone (SIC
Code 1422); Crushed and Broken
Granite (SIC Code 1423); Crushed and
Broken Stone (SIC Code 1429);
Construction Sand and Gravel (SIC Code
1442); Industrial Sand and Gravel (SIC
Code 1446); Kaolin and Ball Clay (SIC
Code 1455); Clay, Ceramic, and
Refractory Minerals (SIC Code 1459);
Potash, Soda, and Borate Minerals (SIC
Code 1474); Phosphate Rock (SIC Code
1475); Chemical and Fertilizer Mineral
Mining (SIC Code 1479); and
Miscellaneous Nonmetallic Minerals,
Except Fuels (SIC Code 1499).
Storm water discharges covered by
this section include all discharges
where precipitation and storm water
runon come into contact with
significant materials including, but not
limited to, raw materials, waste
products, by-products, overburden,
stored materials, and fuels. This
includes storm water discharges from
haul roads, access roads, and rail lines
used or traveled by carriers of raw
materials, manufactured products, waste
materials, or by-products created by the
facility.
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.
This section does not cover any
discharge subject to effluent limitation
guidelines, unless otherwise specified,
including storm water that combines
with process wastewater. Storm water
that does not come into contact with
any overburden, raw material,
intermediate product, finished product,
by-product, or waste product located on
the site of the operation are not subject
to permitting under this section
according to Section 402(1)(2) of the
Clean Water Act. Today's permit
contains additional coverage provisions
applicable only to mineral mining and
processing facilities located in Region
VI and Region IX (the States of
Louisiana, New Mexico, Oklahoma, and
Texas and Arizona). Mine dewatering
discharges, which are composed
entirely of storm water or ground water
seepage, and that are not commingled
with any process waste water from
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Federal Register / Vol. 60', No. 189 / Friday, September 29, 1995 / Notices 50919
construction sand and gravel, industrial
sand, and crushed stone mine facilities
located in Region VI and Region IX are
eligible for coverage under today's
permit. Such discharges, however, are
subject to the numeric limitations and
compliance monitoring provisions listed
in the permit.
This section is applicable to all
phases of mining operations, whether
active or inactive, as long as there is
exposure to significant materials. This
includes land disturbance activities
such as the expansion of current
extraction sites, active and inactive
mining stages, and reclamation
activities.
This section does not apply to storm
\vater discharges from inactive mining
operations occurring on Federal lands,
unless an operator can be identified.
These discharges are more appropriately
covered under a permit currently being
developed by EPA.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other scction(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
There are typically three phases to a
mining operation: the exploration and
construction phase; the active phase;
and the reclamation phase. The
exploration and construction phase
entails exploration and a certain amount
of land disturbance to determine the
financial viability of a site. Construction
includes building of site access roads,
and removal of overburden and waste
rock to expose minable ore. These land-
disturbing activities are significant
potential sources of storm water
contaminants. The active phase
includes each step from extraction
through production of a saleable
product. The active phase may include
periods of inactivity due to the seasonal
nature of these mineral mining
activities. The final phase of
reclamation is intended to return the
land to its pre-mining state.
Because of the land-disturbing nature
of the mineral mining and processing
industry, contaminants of concern
generated by industrial activities in this
industry include total suspended solids
(TSS), total dissolved solids (TDS),
turbidity, and pH. Table J-l lists
potential pollutant source activities, and
related pollutants associated with
mineral mining and processing
facilities.
Industrial activities, significant
materials, and material management
practices associated with mineral
mining and processing methods are
typically similar, varying only in the
type of rock being mined. Examples of
mineral commodities obtained from
mineral mining and processing facilities
include: crushed stone; construction
sand and gravel; industrial sand;
gypsum; asphaltic minerals; asbestos
and wollastonite; lightweight aggregates;
mica and sericite; barite; fluorspar;
salines from brine lakes; borax minerals;
potash; sodium sulfate; trona; rock salt;
phosphate rock; frasch sulfur; mineral
pigments; lithium; bentonite; magnesite;
diatomite; jade; novaculite; fire clay;
attapulite and montmorillonite; kyanite;
shale and common clay; aplite; tripoli;
kaolin; ball clay; feldspar; talc, steatite,
soapstone and pyrophylite; garnet; and
graphite.
Industrial activities include, "* * *
but [are] 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
wastewaters (as defined at 40 CFR Part
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 materials; and
areas where industrial activity has taken
place in the past and significant
materials remain and are exposed to
storm water" (40 CFR I22.26(b)(14)).
The most common industrial activities
at mineral mine sites include extraction
of the mineral, material sizing by
crushers, material sorting, and product
washing.
TABLE J-1 .—ACTIVITIES, POLLUTANT SOURCES, AND POLLUTANTS
Activity
Site Preparation
Mineral Extraction
Mineral Processing Activities
Other Activities
Equipment/Vehicle Mainte-
nance.
Reclamation Activities
Pollutant source
Road Construction
Removal of Overburden
Removal of waste rock to expose the mineral body
Blasting activities
Rock Sorting
Rock Crushing •.
Rock Washing :
Raw Material Storage
Waste Rock Storage
Raw Material Loading
Processing materials unloading
Raw or Waste Material Transportation
Sedimentation pond upsets
Sedimentation pond sludge removal and disposal
Air emission control cleaning
Fueling activities
Parts cleaning
Waste disposal of oily rags, oil and gas filters, bat-
teries, coolants, degreasers.
Fluid replacement including hydraulic fluid, oil, trans-
mission fluid, radiator fluids, and grease.
Site preparation for stabilization
Pollutant
Dust TSS TDS turbidity
Dust TSS TDS turbidity
Dust, TSS, TDS, turbidity.
Dust, TSS.
Dust TSS TDS turbidity fines
Dust, TSS, TDS, turbidity fines
TSS TDS turbidity pH
Dust, TSS TDS turbidity
Dust, TSS, TDS, turbidity, pH.
Dust TSS TDS turbidity
Diesel fuel gasoline oil lime
Dust TSS TDS turbidity
TSS TDS turbidity pH
Dust, TSS, TDS turbidity pH
Dust TSS TDS turbidity
Diesel fuel, gasoline oil
Solvents oil heavy metals acid/alkaline wastes
Oil, heavy metals, solvents, acids.
Oil, arsenic, lead, cadmium, chromium, benzene, TCA,
TCE, PAHs, solvents.
Dust. TSS. TDS. turbiditv.
-------
50920
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE J-1 .—ACTIVITIES, POLLUTANT SOURCES, AND POLLUTANTS—Continued
Activity
Fertilizers
Pollutant source
Pollutant
Nitroaen. ohosohorus.
Sources: Storm water group applications, Part 1 and 2 and EPA. "Development Document on the Mineral Mining and Processing Point Source
Category." (EPA 440/1-76/059b). July 1979.
Significant materials include, "* * *
but [are] not limited to: raw materials,
fuels, materials such as solvents,
detergents, and plastic pellets; finished
materials such as metallic products;
* * * hazardous substances designated
under Section 101(14) of CERCLA; any
chemical facilities required to report
pursuant to Section 313 of Title in of
SARA.; fertilizers; pesticides; and waste
products such as ashes, slag, and sludge
that have the potential to be released
with storm water discharge" (40 CFR
122.26(b)(12)). Significant materials
commonly found at mining facilities
include: overburden; waste rock; sub-
ore piles; tailings; petroleum-based ,
products; solvents and detergents;
manufactured products; and other waste
materials.
Materials management practices are
defined as those practices employed to
diminish contact by significant
materials with precipitation and storm
water ranon, or practices utilized to
reduce the offsite discharge of
contaminants. To this end, sediment
ponds, discharge diversion techniques,
as well as methods of dispersion, are
used to minimize impacts of significant
materials on storm water. For mine sites
requiring additional sources of water for
processing operations, rainfall events as'
well as storm water runon will be
managed for use in dust suppression,
processing, and washing activities.
Many mine sites are already equipped
with sedimentation ponds and other
established process wastewater
treatment methods in order to meet
effluent limitation guidelines.
Additional storm water management
practices used at mineral mining .
facilities include: discharge diversions;
drainage/storm water conveyances;
runoff dispersion; sediment control and
collection practices; vegetation/soil
stabilization; and capping contaminated
sources.
Nonmetallic minerals are recovered
using four basic forms of extraction
techniques: open pit, open face or
quarry mining; dredging; solution
mining; and underground mining. Each
type of extraction method may be
followed by varying methods of
beneficiation and processing. Presented
below are brief descriptions of the
industrial activities, significant
materials, and materials management
practices associated with these four .
extraction processes and associated
beneficiation activities. Due to
similarities in mining operations for
many of the minerals within this sector,
industrial activities, significant
materials, and materials management
practices are fairly uniform across this
sector. Unique practices are noted.
a. Open Pit, Open Face, or Quarry
Mining. Many mineral mining and
processing industries access mineral
deposits using open pit, open face or
quarrying extraction techniques. For
facilities producing dimension stone,
crushed and broken stone, construction
and industrial sand and gravel, clays, as
well as other minerals (borate, ;
phosphate, potash), surface mining is
generally the most economical form of
extraction.
(1) Industrial Activities. Extraction
activities include removal of overburden
and waste rock to access mineral
deposits. These land-disturbing
activities generate piles of topsoil and
other overburden as well as waste rock,
which are typically stored beside, or
within, the pit or quarry. In addition,
land disturbance, blasting, crushing,
and materials handling activities create
large amounts of dust that are either
dispersed by local wind patterns or
collected in air pollution control
mechanisms. At closure, overburden
and waste rock may or may not be used
to reclaim the pit or quarry depending
on Federal, State and local
requirements. In addition, access roads
and rail spurs, and associated loading
and unloading areas, are found onsite.
Following extraction, the mined
materials may be transferred to a nearby
beneficiation/processing facility or may
be beneficiated within the pit or quarry.
At a beneficiation/processing facility,
unfinished materials may be subjected
to dry or wet processing methods. Dry
forms of processing include crushing,
grinding, sawing, and splitting of the
mined material. Wet processing may
include simple washing, flotation, or
heavy media separation.
(2) Significant Materials. Significant
materials generated by most extraction
activities at open pit, open face, and
quarry mines include overburden piles,
waste rock piles, ore and.subore piles, ,
and materials spilled: from loading and
unloading activities. Other exposed
materials that can be generated at these
types of operations (as well as other
mineral mines), include: tailings from
flotation and other separation stages;
soils impacted by fugitive dust
emissions; other process wastes such as
clays from phosphate mines; settling
ponds that receive process wastewaters;
dredged sediment disposal areas; as
well as raw material and product
storage. Dust and particulate matter
collected in air pollution control
mechanisms may also be disposed of in
onsite waste piles.
(3) Materials Management Practices.
Materials management practices at open
pit or quarry mining facilities are
typically designed to control dust
emissions and soil erosion from
extraction activities, and offsite
transport of significant materials. At
many facilities structural Best
Management Practices (BMPs) may have
already been implemented to manage
process wastewaters subject to effluent
limitation guidelines. Settling ponds
and impoundments are commonly used
to reduce Total Suspended Solids (TSS),
Total Dissolved Solids (TDS), and other
contaminants in process generated
wastewaters. These controls may also be
used to manage storm water runoff and
runon with potentially few alterations to
onsite drainage systems. Some facilities
included in part 1 of the group
applications reported the use of storm
water diversions to divert storm water
away from pits and quarries, raw
material piles, overburden, and waste
rock piles.
Tailings impoundments are used to
manage tailings generated at facilities
engaged in flotation or heavy media
separation operations. These
impoundments are used to manage
beneficiation/processing wastewaters
generated at the facility and may also be
used to manage storm water runoff.
b. Dredging. Dredging is an extraction
method used to access nonmetallic
mineral deposits located in quarries or .
pits (where completely or partially
below the water table); in rivers; or
estuaries; or offshore, in open bays or
sounds. For these types of operations,
ore is recovered using scooping devices
and suction dredges. Minerals
. commonly excavated by dredging
include sand and gravel, and calcium
carbonate.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50921
(1) Industrial Activities. The
industrial activities at dredging facilities
include excavation of ore from
underwater deposits (e.g., in stream
bods of perennial or ephemeral streams)
by dredges. Processing operations may
occur on the dredge barges or at
adjacent facilities. On-board processing
activities may include: screening;
crushing of oversized material; washing;
sand classification with hydraulic
classifying tanks; gravel sizing; heavy
media separation; and product loading/
unloading.
Dredges that do not perform on-board
processing operations load raw material
on a tow-barge for transport to a land-
based processing facility. Processing at
land facilities typically includes
washing to remove clay and other
impurities; screening; sizing; crushing;
classifying; and heavy media separation.
(2) Significant Materials. Significant
materials generated at dredging facilities
include ore material piles, waste
material piles of oversized, or otherwise
unusable materials, and float waste from
heavy media separation. Clays and
undersized fines are dredging waste by-
products that may be returned to the
water but may also be stored in piles.
Sand fines from gravel crushing
operations that cannot be sold, are a
major source of exposed waste material
at land-based processing facilities. In
addition, land-based facilities may also
manage dredged sediments removed
from onsite settling ponds. Haul roads,
storage piles, on-land waste piles,
processing operations, and loading/
unloading operations are other potential
sources of storm water pollutants at
these facilities.
(3) Materials Management Practices.
Hydraulic dredging operations in open
pits or quarries, or land-based
processing facilities, use settling ponds
for the removal of clay particles, fines,
and impurities from process
wastowaters. These ponds may also be
used to manage contaminated storm
water runoff. Water from the settling
ponds or basins may be returned to the
wet pit to maintain water levels in the
pit, or may be discharged offsite.
Worked out pits may also be used to
contain solid wastes such as fines and
oversized materials. These pits are
another potential source of storm water
contamination in the event of heavy
precipitation and subsequent overflow.
Dredging operations in open waters
typically discharge process wastewater
containing fines to the water body
without treatment under the operator's
Clean Water Act Section 404 permit.
c. Solution Mining. Solution mining
extracts minerals from hard rock
mineral or natural brine sources by
underground injection of a lixiviant into
the ore zone. Minerals are recovered
from solution, after the solution is
brought to the surface, through
evaporation or flotation. Since most
solution mining extraction activities
occur underground using water to
extract values, the potential for these
mineral deposits to be exposed to storm
water is minimal. However, at the
surface of solution mining operations,
industrial activities and significant
materials, such as haul roads, chemical
storage areas, and raw material piles, are
common to most sites. These industrial
activities and significant materials are
all susceptible to storm water exposure
and require appropriate storm water
management controls.
Descriptions of industrial activities
performed by each type of solution
mining are provided below. Since the
mineral deposits are not exposed to
storm water for this type of mining,
"industrial activities" describes the type
of extraction method used to obtain
minerals, not activities susceptible to
storm water exposure. Significant
materials, and materials management
practices do refer to those materials
exposed to storm water, and to the
subsequent management practices used
to control storm water.
Some iof the minerals extracted using
solution mining include: potash; soda;
rock salt; borate minerals; chemical and
fertilizer minerals such as barite,
fluorspar, salines from lake brines;
lithium; and mineral pigments. Many of
these minerals may also be recovered
using surface and/or underground
extraction methods.
(1) Solution Mining—Injection.
(a) Industrial Activities—Rock salt
and potash minerals may be recovered
by injecting water into subsurface
deposits and removing minerals in
solution. Water is injected through a
cased pipe drilled into a deposit.
Saturated solution is then pumped to
the surface for processing or storage.
Processing may include evaporation,
and/or flotation to separate the final
product.
(b) Significant Materials—Significant
materials at an injection solution mining
site may include product storage piles,
chemical storage areas, and haul roads.
Very little extracted solution remains
onsite, since it is often re-injected into
the formation.
(c) Materials Management Practices—
Solution mining facilities typically
operate in arid regions, and are able to
use solar evaporation ponds to recover
minerals from solution. Due to typically
low precipitation and high evaporation
rates in these areas, storm water
materials management practices may
not be prevalent.
(2) Solution Mining—Frasch Sulfur.
(a) Industrial Activities—Sulfur is
recovered from deposits using the
Frasch sulfur process, which injects hot,
purified, water into the subsurface to
melt the mineral. Molten sulfur is
pumped directly to heated tanks at the
surface to maintain a saleable product in
liquid form.
(b) Significant Materials—Significant
materials generated from Frasch sulfur
mining include elemental sulfur, scrap
sulfur, tank bottoms, water treatment
sludge, bleedwater produced from/bleed
wells used .to remove excess injection
water, and drilling wastes such as muds,
acidizing fluids and well workove
fluids. Since molten sulfur product is
piped directly from underground to
enclosed storage tanks on the surface, it
is not exposed to storm water.
(c) Materials Management Practices—
Solid wastes such as elemental and
scrap sulfur, tank bottoms, and water
treatment sludge may be disposed of in
onsite piles. Liquid wastes such as
bleedwater, drilling muds, acidizing
fluids and workover fluids are typically
disposed of in reserve pits and/or
workover pits. At the completion of
drilling, pit contents may be dried prior
to being covered by a liner and buried.
Accumulated solids from these pits may
also be mixed with clay for use as an
additive in drilling muds.
Rainfall runoff and boiler blowdown
may be discharged offsite without
treatment. Other waste generated at
these facilities include power plant
wastes and wastewaters, wastewater
from sealing wells, sanitary wastes, and
miscellaneous other wastewaters
collected in drips and drains.
(3) Solution Mining—Evaporation.
(a) Industrial Activities—Another
form of solution mining uses
evaporation and crystallization of saline
waters to produce minerals. Potash,
soda, borate, and other minerals, are
produced from naturally occurring
fluids such as sea water, or from
evaporite mineral deposits such as
western lake brines. Brines are typically
pumped from beneath the crystallized
surface of a lake and processed by
evaporation and crystallization.
Recovered salts are washed, dried and
packaged for shipment.
(b) Significant Materials/Materials
Management Practices—Significant
materials associated with these facilities
include raw material piles, evaporation
ponds, and residual brines consisting of
salts and end liquors, including various
added process wastewaters. Residual
brines generated may be left in solar
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50922 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 7 Notices
evaporation ponds or dissolved and
returned to the lake or injection wells.
d. Underground Mining. Underground
mining techniques are used to access
mineral deposits located too far •
underground to access economically
from the surface. Though typically a
more expensive form of extraction,
advantages to underground mining
operations include year-round
operation, less noise (applicable to
facilities located near residential areas),
and less surface land disturbance. While
most nonmetallic minerals are extracted
from surface operations, some minerals
existing in bedded or other sedimentary
deposits may be accessed by
underground extraction techniques.
Potash, salt, soda, and borate minerals,
as well as chemical and fertilizer
minerals, are some of the minerals
extracted using this mining method.
(1) Industrial Activities/Significant
Materials. Industrial activities that may
be associated with storm water
discharges include: loading/unloading
activities; haul roads; products and
materials storage; waste piles; and
processing activities. Exposed materials
associated with surface beneficiation
and processing facilities at underground
mines are similar to those associated
with open pit, open face, and quarrying
facilities.
(2) Materials Management Practices.
Materials management practices for
significant materials at the surface of
underground mining facilities are
similar to those materials management
practices used at open pit, open face,
and quarrying operations.
e. Inactive Mine Sites. Inactive
mineral mining and processing
operations are those where industrial
activities are no longer occurring. When
active, mineral extraction could have
occurred from open pits or open face
mines, solution mines, dredging
operations, or underground mines.
These sites are included in this section
because significant materials may
remain onsite. These materials, if
exposed, are potential sources of storm
water pollutants. Until an inactive
mineral mining and processing facility.
has been reclaimed under applicable
State or Federal laws, the site is
considered associated with an
"industrial activity" and is subject to
this section. Due to the seasonal nature
of this industry, many mine sites can
become temporarily inactive for
extended periods.
2. Pollutants in Storm Water Discharges
Associated With Mineral Mining and
Processing Facilities
Impacts caused by storm water
discharges from active and inactive
mineral mining and processing
operations will vary. Several factors
influence to what extent significant
materials from mineral mining and
processing operations may affect water
quality. Such factors include:
geographic location; hydrogeology; the
type of mineral extracted; the
mineralogy of the extracted resource
and the surrounding rock; how the
mineral was extracted (e.g., quarrying/
open face, dredging, solution, or
underground mining operations); the
type of industrial activities occurring
onsite (e.g., extraction, crushing,
washing, processing, reclamation etc.);
the size of the operation; and type,
duration, and intensity of'precipitation
events. Each of these and other factors
will interact to influence the quantity
and quality of storm water runoff. For
example, air emissions (i.e., settled
dust) may be a significant source of
pollutants at some facilities while
materials storage is a primary source at
others. In addition, sources of pollutants
other than storm water, such as illicit
connections,71 spills, and other
improperly dumped materials, may
increase the pollutant loadings
discharged into waters of the United
States.
The part 2 group application data
requirements did not identify individual
site characteristics which may be
responsible for elevated or insignificant
conventional pollutant loadings.
Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the mineral
mining and processing industry into >
subsectors to properly analyze sampling
data and determine monitoring
requirements. As a result, this sector has
been divided into the following
subsectors: dimension stone, crushed
stone mining and nonmetallic minerals
mining (except fuels); sand and gravel
mining; clay, ceramic, and refractory
materials mining; chemical and
fertilizer mineral mining. The tables
below include data for the eight
pollutants that all facilities were
required to monitor for under Form 2F.
The tables also list those parameters that
EPA has determined merit further
monitoring. A table has not been
included for the following facilities
because less than 3 facilities submitted
data in these subsectors: clay, ceramic,
and refractory materials mining; and
chemical and fertilizer mineral mining
facilities.
TABLE J-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY DIMENSION STONE AND CRUSHED PRODUCTS
FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
Pollutant
Sample type
BOD5
COD
Nitrate + Nitrite Ni-
trogen
Total KJeldahl Nitro-
Q6J1
Oil & Grease
pH
Total Phosphorus ..
Total Suspended
Solids
No. of facilities
Grab
12
12
6
12
11
11
12
12
Comp"
8
8
2
8
N/A
N/A
8
8
No. of samples
Grab
15
16
10
15
15
15
15
15
Comp
11
10
4
10
N/A
N/A
10
10
Mean
Grab
6.3
37.9
0.59
1.56
1.7
N/A
0.70
2522
Comp
7.0
46.4
0.08
1.91
N/A
N/A
0.24
1920
Minimum
Grab
0.0
0.0
0.00
0.10
0.0
6.2
0.00
0
Comp
0.0
0.0
0.00
0.34
N/A
N/A
0.00
0
Maximum
Grab,
22.3
140.0
3.00
5.71
10.0
8.5
7.06
27100
Comp
16.0
. 140.0
0.30
6.89
N/A
N/A
0.71
13300
Median
Grab
4.0
33.0
0.10
0.67
0.0
' 7.2
0.20
124
Comp
6.6
44.0
0.00
1.15
N/A
N/A
0.17
636
95th percentile
Grab
19.4
136.1
2.89
6.12
9.8
8.4
3.12
27188
Comp
16.9
159.8
;e.47
N/A
N/A
1.18
10641
99th percentile
Grab
36.1
243.3
7.96
13.70
27.4
8.9
10.36
217687
Comp
25.4
284.8
13.09
N/A
N/A
2.89
38624
' Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0. ......
"Composite samples. ,,.•>...
71 Illicit connections are contributions of
unpermitted non-storm water discharges to storm
sewers from any of a number of sources including
sanitary sewers, industrial facilities, commercial ••
establishments, or residential dwellings. The
probability of illicit connections at mineral mining
and processing facilities is low yet it-still may be
applicable at some operations. .'.,,:. .".'.' ' '
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50923
TABLE J-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY SAND AND GRAVEL PRODUCTS FACILITIES
SUBMITTING PART II SAMPLING DATA' (mg/L)
Pofctant
Sample typo
BOOj ,~™™_™™_^.
coo ,
NHraia + NMa NHrooon „
Total KJeWahlNHroasn —
O9 & Offriflft **H» mm
PH, , !",,,,"Z
ToW PhOHt,o
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50924 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE J-4.—Mineral Mining and Processing: Effluent Limitation Guidelines—Continued
SIC
Code
1474
1475
1479
1499
Category
Potash, Soda, and Borate Minerals
Phosphate Rock
Chemical and Fertilizer Mineral Mining, Not
Elsewhere Classified.
Miscellaneous Nonmetallic Minerals, Except
Fuels.
Subcategory
Feldspar, Fire Clay, Attapulgite and
Montmovillonite, Kyanite, Shale and
Common Clay Aplite.
Borax Potash Sodium Sulfate
Trona, Rock Salt .. . .
N/A
Barite, Fluorspar, Salines from Brine Lakes,
Frasch Sulfur.
Mineral Pigments, Lithium .......... . ...
Graphite .'.
Gypsum, Asphaltic Minerals Asbestos and
Wollastonite, Diatomite, Jade, Tripoli (Dry
Processes Only).
Garnet, Talc, Steatite, Soapstone,
Pyrophyllite, Mica and Sericite.
Effluent guidelines
Reserved
No Discharge
Reserved
Existing Sources
TSS: Maximum for any 1 day: 60 mg/L; Av-
erage over 30 days: 30 mg/L.
pH- Within range 6 0-9 0
New sources process generated
wastewater and mine dewatering dis-
charges:
TSS: Maximum for any 1 day 60 mg/L' Av-
erage over 30 days: 30 mg/L.
pH: Within range 6.0-9.0.
No Discharge.
Reserved
Process waste water and mine drainage
subject to ELG:
TSS' Maximum for any 1 day 20 mg/L* Av-
erage over 30 days: 1 0 mg/L.
Total Fe* Maximum for any 1 day 2 mg/L*
Average over 30 days: 1 mg/L.
pH- Within range 6 0-9 0
No discharge
Reserved.
End-of-pipe treatments are effective
means to control process wastewaters
because the types of pollutants and the
volume of water to be treated are
known. However, storm water
discharges from mineral mining and
processing facilities can be numerous,
intermittent, and of various volumes.
Channelization of all storm water that
comes into contact with significant
materials into a single treatment facility,
or construction of numerous treatment
devices for each discharge is too
burdensome for the regulated
community. Therefore, EPA believes
that the most appropriate means of
storm water management at mineral
mining and processing facilities are
BMPs. BMPs allow the mine site
operator to choose a particular BMP that
is best for the characteristics of, a
particular site and to control parameters
of concern.
b. Best Management Practices. EPA
believes that the most effective storm
water management controls for limiting
the offsite discharge of storm water
pollutants from mineral mining and
processing facilities are source
reduction BMPs. Source reduction
BMPs are methods by which discharges
of contaminants are controlled with
little or no required maintenance.
Examples of these types of controls
include source reduction diversion
dikes, vegetative covers, and berms.
Source reduction practices are typically
(but not always) low in cost and
relatively easy to implement. In some
instances, more resource intensive
treatment BMPs, including
sedimentation ponds, may be necessary
depending upon the type of discharge,
types and concentrations of
contaminants, and volume of flow.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location,
hydrogeology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. EPA believes that
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
mining activity.
The following six categories describe
best management practice options for
reducing pollutants in storm water
discharges from mineral mining and
processing operations: discharge
diversions; drainage/storm water
conveyance systems; runoff dispersion;
sediment control and collection;
vegetation/soil stabilization; capping of
contaminated sources.
Typical land disturbance activities at
mineral mining and processing sites
include roads, open pits and quarries,
topsoil, overburden, waste rock, subore,
ore and product piles; materials storage,
mill tailings, ponds and piles, as well as
vehicle maintenance and storage areas.
Because mineral mining and processing
is largely a land disturbance activity,
BMPs that minimize erosion and
sedimentation will be most effective if
installed at the inception of operations
and maintained throughout active
operations and reclamation of the site.
From the construction of access and
haul roads to closure and reclamation
activities, implementation of BMPs is
often essential to minimizing long-term
environmental impacts to an area.
Part 1 group application data indicate
that several types of BMPs have been
implemented at sampling facilities.
Commonly used BMPs were sediment
control and collection and discharge
diversion devices. However, the group
application process did not require a
description of BMP locations and did
not require applicants to describe the
number of identical BMPs implemented
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50925
at each site. As a result, the
effectiveness of BMPs for storm water
management, at these facilities cannot
bo evaluated.
In addition, many of the BMPs listed
by facilities may have been
implemented as process wastewater
treatment mechanisms and are not
exclusively used for storm water
management. For instance, 43 percent of
the sampling subgroup reported using
ponds for sediment control and
collodion. Since some facilities
classified as SIC Code 14 are subject to
process water effluent limitation
guidelines, sedimentation ponds may
have been implemented to meet the
limit.
Because BMPs described in the part 1
data are limited, EPA is providing an
overview of supplementary BMPs for
use at mineral mining and processing
facilities. However, due to the site-
specific nature of facilities within this
sector, BMPs cited do not preclude the
use of other viable BMP options. Table
J-5 summarizes BMP options as they
apply to land disturbance activities at
mineral mining and processing
facilities. Sources of BMP information
include: "Sediment and Erosion
Control: An Inventory of Current
Practices—Draft," EPA, April 20,1990;
"Storm Water Management for
Industrial Activities: Developing
Pollution Prevention Plans and Best
Management Practices," EPA,
September, 1992 (EPA 832-R-92-006);
"Best Management Practices for Mining
in Idaho,'' Idaho Department of Lands,
November 1992; and "Erosion &
Sediment Control Handbook," Goldman
et al., McGraw-Hill Book Company,
1986.
TABLE J-5.—SUMMARY OF MINE AREAS AND APPLICABLE BEST MANAGEMENT PRACTICES
Lnnd-dtsturbed
area
Haul Roads and
Access Roads.
Pits/Quof ri&s or
Underground
Minos.
Overburden,
Waste Rock and
Raw Material
Pites.
Reclamation
Discharge diver-
sions
Dikes, Curbs,
Bemns.
Dikes, Curbs,
Berms.
Dikes, Curbs,
Berms.
Dikes, Curbs,
Berms.
Conveyance sys-
tems
Channels, Gut-
ters, Culverts,
Rolling Dips,
Road Sloping,
Roadway Water
Deflectors.
Channels, Gutters
Channels, Gutters
Channels, Gutters
Runoff dispersion
Check Dams,
Rock Outlet
Protection,
Level Spread-
ers, Stream Al-
teration, Drop
Structures.
Serrated Slopes,
Benched
Slopes,
Contouring,
Stream Alter-
ation.
Serrated Slopes,
Benched
Slopes,
Contouring,
Stream Alter-
ation.
Check Dams,
Rock Outlet
Protection,
Level Spread-
ers, Serrated
Slopes,
Benched
Slopes,
Contouring,
Drain Fields,
Stream Alter-
ation, Drop
' Structures.
Sediment control
& collection
Gabions, Riprap,
Native Rock
Retaining Walls,
Straw Bale Bar-
riers, Sediment
Traps/Catch Ba-
sins, Vegetated
Buffer Strips.
Sediment Settling
Ponds, Straw
Bale Barrier,
Siltation Berms.
Plastic Matting,
Plastic Netting,
Erosion Control
Blankets,
Mulch-straw,
Compaction,
Sediment/Set-
tling Ponds, Silt
Fences, Silta-
tion Berms.
Gabions, Riprap,
and Native
Rock Retaining
Walls, Biotech-
nical Stabiliza-
tion, Straw Bale
Barriers, Sedi-
ment Traps/
Catch Basins,
Vegetative Buff-
er Strips, Silt
Fences, Silta-
tion Berms,
Brush Sediment
Barriers.
Vegetation
Seeding, Willow
Cutting Estab-
lishment.
Seeding
Topsoiling, Seed-
bed Prepara-
tion, Seeding.
Topsoiling, Seed-
bed Prepara-
tion, Seeding,
Willow Cutting
Establishment.
Containment
Plugging and
Grouting
Capping
5
Capping, Plugging
and Grouting
Haul Roads and Access Roads—
Placement of haul roads or access roads
should occur as far as possible from
natural drainage areas, lakes, ponds,
wetlands or floodplains where soil will
naturally be less stable for heavy vehicle
traffic. If a haul road must be
constructed near water, as little
vegetation as possible should be
removed from between the road and the
waterway, as vegetation is a useful
buffer against erosion and is an efficient
sediment collection mechanism. The
width and grade of haul or access roads
should be minimal and should be
designed to match natural contours of
the area. Construction of haul roads
should be supplemented by BMPs that
divert arunoff'from road surfaces,
minimize erosion, and direct flow to
appropriate channels for discharge to
treatment areas.
Pits or Quarries—Excavation of a pit
or quarry must be accompanied by
BMPs to minimize impacts to area
surface waters. As discussed in
construction of haul roads, as little
vegetation as possible should be
removed from these areas during
excavation activities to minimize
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50926 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
exposed soils. In addition, stream
channels and other sources of water that
may discharge into a pit or quarry
should be diverted around that area to
prevent contamination.
Overburden, Waste Rock, and Raw
Material Piles—Overburden, topsoil,
and waste rock, as well as raw material
and intermediate and final product
stockpiles should be located away from
surface waters and other sources of
water, and from geologically unstable
areas. If this is not practicable, surface
water should be diverted around the
piles. As many piles as possible should
be revegetated (even if only on a
temporary basis). At closure, remaining
units should be reclaimed.
BMPs can be used to control total
suspended solids levels in runoff from
unvegetated areas. These can include
sediment/settling ponds, check dams,
silt fences, and straw bale barriers.
Reclamation Activities—When a
mineral deposit is depleted and
operations cease, a mine site must be
reclaimed according to appropriate State
or Federal standards. Closure activities
typically include restabilization of any
disturbed areas such as access or haul
roads, pits or quarries, sedimentation
ponds or work-out pits, and any
remaining waste piles. Overburden and
topsoil stockpiles may be used to fill in
a pit or quarry (where practical).
Recontouring and vegetation should be
performed to stabilize soils, and prevent
erosion.
Major reclamation activities such as
recontouring roads and filling in a pit or
quarry can only be performed after
operations have ceased. However,
reclamation activities such as
stabilization of banks and reseeding and
revegetation should be implemented in
mined out portions,, or inactive areas of
a site as active mining moves to new
areas.
EPA recognizes that quarries are
frequently converted into reservoirs or
recreational areas, after the mineral
deposit is depleted. However, this does
not preclude the reclamation of
disturbed areas above the quarry rim.
(1) Discharge Diversions. Discharge
diversions provide the first line of
defense in preventing the contamination
of discharges and the subsequent
contamination of receiving waters of the
United States. Discharge diversions are
temporary or permanent structures
installed to divert flow, store flow, or
limit storm water runon and runoff.
These diversion practices have several
objectives. First, diversion structures
can be designed to prevent otherwise
uncontaminated (or less contaminated)
water from crossing disturbed areas or
areas containing significant amounts of
contaminated materials, where contact
may occur between runon and
significant materials. These source
reduction measures may be particularly
effective for mineral mining and
processing operations to prevent runon
of uncontaminated discharges from
contacting exposed materials and/or
reduce the flow across disturbed areas,
thereby lessening the potential for
erosion. Second, diversion structures
can be used to collect or divert waters
for later treatment if necessary. The
usefulness of these control measures are
limited by such factors as the size of the
area to be controlled and the type and
nature of materials exposed and
precipitation events.
Diversion dikes, curbs, and berms are
temporary or permanent diversion
structures that prevent runoff from
passing beyond a certain point, and
divert runoff away from its intended
path. Dikes, curbs or berms may be used
to surround and isolate areas of concern
at mineral mining and processing sites,
diverting flow around piles of
overburden, waste rock, and storage
areas, to minimize discharge contact
with contaminated materials and to
.limit discharges of contaminated water
from confined areas.
(2) Drainage/Storm Water Conveyance
Systems. Drainage or storm water
conveyance systems can provide either
a temporary or a permanent
management practice which functions
to channel water away from eroded or
unstahilized areas, convey runoff
without causing erosion, and/or carry
discharges to more stabilized areas. The
use of drainage systems as a permanent
measure may be most appropriate in
areas with extreme slopes, areas subject
to high velocity runoff, and other areas
where the establishment of substantial
vegetation is infeasible or impractical.
For instance, several BMPs described
below may be useful storm water and
erosion control methods applicable to
road construction and maintenance
activities.
Channels or Gutters—Channels or
gutters collect storm water runoff and
direct its flow. Like diversion systems,
channels or gutters may act to divert
runoff away from a potential source of
contamination, but may also be used to
channel runoff to a collection and/or
treatment area including settling ponds,
basins or work-out pits.
Open Top Box Culverts, and
Waterbars—These structures are
temporary or permanent structures that
divert water from a roadway surface.
Open top box culverts may be used on
steeply graded, unpaved roads in place
of pipe culverts to divert surface runoff
and flow from inside ditches onto the
downhill slope of a road. These
structures are typically made of wood
and should periodically be monitored
and repaired if necessary.
Waterbars are berms built by a dozer
or by hand to a one to two foot height.
They serve to extend the entire width of
the road, with a downslope angle
between 30 and 40 percent. Waterbars
are kept open at a discharge end to
allow water to flow away from the road
and require little maintenance. These
berms may be used as temporary or
permanent structures.
Rolling Dips and Road Sloping—
Rolling dips and road sloping are
permanent water diversion techniques
installed using natural contours of the
land during road construction. These
BMPs prevent water accumulation on
road surfaces and divert surface runoff
toward road ditches which then convey
the storm water to ponds or other
management areas.
Roadway Surface Water Deflector—A
roadway surface water deflector is
another technique to prevent
accumulation of water on road surfaces.
The structure uses a conveyor belt
sandwiched between two pieces of
treated wood and placed within the
road to deflect water. This is a useful
technique for steeply graded, unpaved
roads.
Culverts—Culverts are permanent
surface water diversion mechanisms
used to convey water off of, or
underneath a road. Made of corrugated
metal, they must extend across the
entire width of the road and beyond the
fill slope. Additional erosion control
mechanisms may need to be installed at
the discharge end of the culvert.
(3) Runoff'Dispersion. Drainage
systems are most effective when used in
conjunction with runoff dispersion
devices designed to slow the flow of
water discharged from a site. These
devices also aid storm water infiltration
into the soil and flow attenuation. Some
examples of velocity dissipation devices
include check dams, rock outlet
protection, level spreaders, and serrated
and benched slopes.
Check Dams—Check dams are small
temporary dams constructed across
swales or drainage ditches to reduce the
velocity of runoff flows thereby
reducing erosion and failure of the
swale or ditch. This slowing reduces
erosion and gullying in the channel and
allows sediments to settle.
Check dams may be installed in small
temporary or permanent channels where
vegetation of the channel lining is not
feasible and where there is danger of
erosion. These may be areas where
installation of nonerosive liners are not
cost effective.
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Federal Register / Vol. 60,, No. 189 / Friday, September 29, 1995 / Notices
50927
Check dams diminish the need for
more stringent erosion control practices
In the drainage ditch since they
decrease runoff velocity. When
constructing check dams, the use of
overburden or waste rock should be
avoided where there is the potential for
contamination.
Rack Outlet Protection—Rock
protection placed at the outlet end of
culverts, channels, or ditches reduces
the depth, velocity, and destructive
energy of water such that the flow will
not erode the downstream reach. The
uso of some materials (e.g., mine waste
rock or ore) should be avoided where
contamination may occur. As with
chock dams, rock outlet protection may
also be used as a source reduction
treatment mechanism by using rocks
containing limestone or other alkaline
materials to neutralize acidic
discharges.
Level Spreaders—Level spreaders are
outlets for dikes and diversions
consisting of an excavated depression
constructed at zero grade across a slope.
Level spreaders diffuse storm water
point sources and release it onto areas
stabilized by existing vegetation.
Serrated Slopes and Benched
Slopes—These runoff dispersion
methods break up flow of runoff from a
slope, decreasing its ability to erode.
Serrated and benched slopes provide
flat areas that allow water to infiltrate,
and space for vegetation to grow and
reinforce soils. Serrated slopes are
equipped with small steps, from one to
two feet of horizontal surface exposed
on each step. Benched slopes have
larger steps with vertical cuts between
two and four feet high.
Contouring—Surface contouring is the
establishment of a rough soil surface
amenable to revegetation through
creating horizontal grooves,
depressions, or steps that run with the
contour of tha land. Slopes may also be
left in a roughened condition to reduce
discharge flow and promote infiltration.
Surface roughening aids in the
establishment of vegetative cover by
reducing runoff velocity and giving seed
an opportunity to take hold and grow.
This technique is appropriate for all
slopes steeper than 3:1 in order to
facilitate stabilization of the slope and
promote the growth of a vegetative
cover. Once areas have been contoured,
thoy should be seeded as quickly as
possible.
Drain Fields—Drain fields are used to
prevent the accumulation of water and/
or ground water at a site by diverting
infiltrating sources through gravity flow
or pumping. Typically filled with
porous, permeable materials such as
graded rock, or perforated pipe, and
lined with geotextile fabric, these
mechanisms are useful underneath
significant materials, reducing the
amount of water that ultimately comes
into contact with significant materials.
Stream Alteration—Altering or
channelizing the path of a stream to
bypass all or some disturbed areas on a
site, allows additional mining activities
and avoids contamination of stream
water by disturbed lands. This practice
is complicated, however, by the need to
restore the channel when mining
operations end.
Drop Structures—Drop structures are
large angular rocks placed in a V-shaped
pattern to slow the velocity of storm
water runoff. These structures are
typically reinforced by logs or large
rocks imbedded in the streambanks.
(4) Sediment Control and Collection.
Sediment control and collection limits
movement and retains sediments from
being transported offsite. Several
structural collection devices have been
developed to remove sediment from
runoff before it leaves the site. Several
methods of removing sediment from site
runoff involve diversion mechanisms
previously discussed, supplemented by
a trapping or storage device. Structural
practices typically involve filtering
diffuse storm water flows through
temporary structures such as straw bale
dikes, silt fences, brush barriers or
vegetated areas.
Structural practices are typically low
in cost: However, structural practices
require periodic removal of sediment to
remain functioned. As such, they serve
as more active-type practices which may
not be appropriate for permanent use at
inactive mines. However, these
practices may be effectively used as
temporary measures during active
operation and/or prior to the final
implementation of permanent measures.
(a) Temporary Treatments
Plastic Matting, Plastic Netting, and
Erosion Control Blankets—These BMPs
are used to protect bare soils and control
dust and erosion. Mats and blankets
help to promote vegetative growth by
maintaining moisture and heat within
the soil. Plastic matting and netting
improve slope stabilization and may be
used as a permanent treatment to
encourage grass growth. Plastic netting
is a more effective material to use while
promoting growth of vegetation as it
permits sunlight to penetrate through to
the soils. Erosion control blankets also
stabilize slopes and control erosion.
These blankets may be made of jute or
plastic netting which are more
expensive than straw.
Mulch-straw or Wood Chips—
Mulches and wood chips are useful
temporary covers for bare or seeded
soils with an erosion control
effectiveness rating of 75 to 98
percent.72 Like matting, mulch-straw or
wood chips help soils retain moisture
and warmth to promote vegetative
growth. Used on slopes and/or in
combination with nylon netting, these
materials may prevent erosion by wind
and water. Over time, however, the
mulch cover will decrease in •
effectiveness.
Compaction—Soil compaction using a
roller or other heavy equipment
increases soil "strength" by increasing
its density. More dense soil is less prone
to erosion and long-term soil settlement.
The surface of compacted soils should
be roughed and seeded or vegetated to
increase its durability.
(b) Permanent Treatments
Sediment/Settling Ponds—Sediment
ponds function as sediment traps by
containing runoff for long periods of
time, allowing suspended solids to
settle. These structures can achieve a
high removal rate of sediment for both
process wastewater and storm water
discharges. Sediment/settling ponds are
easily constructed and require minimal
maintenance. Their flexibility to treat
both process wastewater and storm
water makes the use of ponds a
desirable treatment for discharges from
mineral mining and processing'
facilities. Of course, site characteristics
must be such that some or all discharges
can be practically channeled to a
centralized area for treatment. Where
this is not practical, the cost of
constructing multiple sediment ponds
may become prohibitive. In addition,
periodic dredging may be required in
order to maintain the capacity of these
ponds.
Discharge ponds may also be designed
to act as surge ponds which are
designed to contain storm surges and
then completely drain in about 24 to 40
hours, and remain dry during times of
no rainfall. They can provide pollutant
removal efficiencies that are similar to
those of detention ponds.73 Storm surge
ponds are typically designed to provide
both water quality and water quantity
(flood control) benefits.74
Gabions, Riprap, and Native Rock
Retaining Walls—These BMPs are all
forms of slope stabilization. Gabions
consist of rocks (riprap) contained by
rectangular wire boxes or baskets for use
as permanent erosion control structures.
72 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990.
« "Urban Targeting and BMP Selection," EPA,
Region V, November 1990.
74 "Urban Surface Water Management," Walesh,
S.G., Wiley, 1989.
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50928
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
Riprap consists of loose rocks placed
along embankments to prevent erosion;
Native rock retaining walls are another
form of slope stabilization, with walls
up to five feet in height, constructed
from native rock to reinforce a steep
slope.
Biotechnical Stabilization—
Biotechnical stabilization uses live
brush imbedded in the soils of a steep
slope to prevent erosion. This method
relies on the premise that the imbedded
vegetation will eventually root and help
stabilize the slope.
Straw Bale Barrier—Straw bales may
be used as temporary berms, barriers, or
diversions; capturing sediments,
filtering runoff. When installed and
maintained properly, these barriers
remove approximately 67 percent of the
sediment load.75 These barriers are
applicable across small swales, in
ditches, and at the toe of bare slopes
where there is a temporary large volume
of sediment laden runoff.
Sediment Traps or Catch Basins—
These temporary or permanent
structures are useful for catching and
storing sediment laden storm water
runoff and are particularly useful during
construction activities to contain runoff.
The effectiveness of these BMPs is better
in smaller drainage basin areas.
Sediment traps are less than 50 percent
effective in removing sediment from
storm water runoff.76
Vegetated Buffer Strips—The
installation of vegetated buffer strips
will reduce runoff and prevent erosion
at a removal efficiency rate of 75 to 99
percent depending upon the ground
cover.77 In addition, vegetated buffer
strips catch and settle sediment
contained in the storm water runoff
prior to reaching receiving waters.
Silt Fence/Filter Fence—A low fence
made of filter fabric, wire and steel
posts, should be used on small
ephemeral drainage areas where storm
water collects or leaves a mine site. Silt
fences remove 97 percent of the
sediment load and are easier to maintain
and remove without creating lasting
impacts to the environment.78 Silt and
filter fences need to be inspected
periodically and may not be as effective
as straw bales, since fabric may become
75 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-14.
76 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
page IV-26.
77 "Sediment and Erosion Control: An Inventory.
of Current Practices—Draft," EPA, April 20,1990,
page IV—7.
78 "Sediment and Erosion Control: An Inventory
of Current Practices—Draft," EPA, April 20,1990,
pageIV-15.
clogged with fine particles preventing
water flow.
Silt fences may have limited
applicability for large areas. They are
most effective for use in a small
drainage areas. These fences may also be
used in conjunction with nonstructural
practices to maintain the integrity of soil
prior to the establishment of vegetation.
Siltation Berms—Siltation berms are
typically placed on the downslope side
of a disturbed area to act as an
impermeable barrier for the capture and
retention of sediments in surface water
runoff. Plastic sheeting is typically used
to cover the berm. The berm and the
plastic sheeting may require periodic
maintenance and repair.
Brush Sediment Barriers—Brush
barriers are temporary sediment barriers
composed of tree limbs, weeds, vines,
root mat, soil, rock and other cleared
materials placed at the toe of a slope. A
brush barrier is effective only for small
drainage areas, usually less than 1/4
acre, where the slope is minimal.
Brush barriers do not function as
permanent barriers since over time the
barrier itself will degrade. This BMP is
most effective when located at the toe of
a slope of an area in which vegetation
is being grown or during temporary
operations. The brush barriers remove
any excessive sediment generated by
erosion prior to the establishment of
vegetation.
(5) Vegetation Practices. Vegetation
practices involve establishing a
sustainable ground cover by permanent
seeding, mulching, sodding, and other
such practices. A vegetative cover
reduces the potential for erosion of a
site by: absorbing the kinetic energy of
raindrops which would otherwise
impact soil; intercepting water so it can
infiltrate into the ground instead of
running off and carrying contaminated
discharges; and by slowing the velocity
of runoff to promote onsite deposition of
sediment. Vegetative controls are often
the most important measures taken to
prevent offsite sediment movement and
can provide a six-fold reduction in the
discharge of suspended sediment
levels.79 Permanent seeding has been
found to be 99 percent effective in
controlling erosion for disturbed land
areas.80 Many States require that topsoil
be segregated from other overburden for
use during reclamation. While stored,
topsoil stockpiles should be vegetated.
This temporary form of vegetation can
79 "Performance of Current Sediment Control
Measures at Maryland Construction Sites," January
1990, Metropolitan Washington Council of
Governments, page X.
80 "Sediment and Erosion Control: An Inventory
of Current Practices-r-Draft," EPA, April 20,1990,
page IV—4. . . ' . . _.
often be used for other piles of stored
materials and for intermittent/seasonal
operations.
Typically, the costs of vegetative
controls are low relative to other
discharge mitigation practices. Given
the limited capacity to accept large
volumes of runoff and potential erosion
problems associated with large
concentrated flows, vegetative controls
should typically be used in combination
with other management practices. These
measures have been documented as
particularly appropriate for mining
sites.
Topsoiling, Seedbed Preparation—
The addition of a layer of topsoil or
plant growth material provides an
improved soil medium for plant growth.
Seedbed preparation may include the
addition of topsoil ingredients to be
mixed in with soils used for seedbed
preparation. Ripping, dicing, and
mixing soils promotes weed control and
aerates the soil, encouraging seedling
growth.
Broadcast Seeding and Drill
Seeding—Seeding and vegetative
planting are methods used to revegetate
an area. Broadcast seeding spreads seeds
uniformly, by hand or machine, to steep
sloped or rocky areas, flat surfaces, and
areas with limited access. Drill seeding
is performed using a rangeland drill
seeder and may not be used on rocky
surfaces. Drill seeding is more suitably
performed tin flat, nonrocky surfaces,
where the machine can insert seeds into
the soil.
Willow Cutting Establishment—
Willow cutting establishment describes
a method of soil stabilization useful for
stream banks and other areas located
adjacent to water. Similar to
biotechnical stabilization, willow
cuttings are used to promote growth in
an area needing stabilization. Willow
cuttings are typically used to reinforce
a streambank or other moist area.
Willow cuttings require a great deal of
moisture and must be planted in areas
that remain,moist for long periods in
order to take hold and grow.
(6) Capping. In some cases, the
elimination of a pollution source
through capping contaminant sources
may be the most cost effective control
measure for discharges from inactive
mineral mining and processing
operations. Depending on the type of
management practices, chosen, the cost
to eliminate the pollutant source may be
very high. Once completed, however,
maintenance costs will range from low
to nonexistent.
Capping or sealing of waste materials
is designed to prevent infiltration, as
well as to limit contact between .
discharges and potential sources of
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50929
contamination. Ultimately, capping
should reduce or eliminate the
contaminants in discharges. In addition,
by reducing infiltration, the potential for
seepage and leachate generation may
also be lessened.
The use of this practice depends on
the level of control desired, the
materials available, and cost
considerations. Many common liners
may be effective including common soil,
clay, and/or synthetic liners. Generally,
soil liners will provide appreciable
control for the lowest cost. Synthetic or
clay liners may be appropriate to cover
materials known to have a significant
potential to impact water quality.
4. Storm Water Pollution Prevention
Plan Requirements
Specific requirements for a pollution
prevention plan for mineral mining and
processing facilities are described
below. These requirements must be
implemented in addition to the common
pollution prevention plan provisions
discussed previously.
Under the description of potential
pollution services, each storm water
pollution prevention plan must describe
activities, materials, and physical
features of the facility that may
contribute to storm water runoff or,
during periods of dry weather, result in
dry weather flows and mine pumpout.
This assessment of storm water
pollution will support subsequent
efforts to identify and set priorities for
necessary changes in materials,
materials management practices, or site
features, as well as aid in the selection
of appropriate structural and
nonstructural control techniques. Plans
must describe the following elements:
The plan must contain a map of the
site that shows the pattern of storm
water drainage, structural features that
control pollutants in storm water
runoff81 and process wastewater
discharges, surface water bodies
(including wetlands), places where
significant materials82 are exposed to
" Nonstructural features such as grass swales and
vegetative buffer strips also should bo shown.
"Significant materials Include,"* * * but [are]
not limited to: raw materials, fuels, materials such
11 lolvenu, detergents, and plastic pellets; finished
materials such as metallic products; * * *
hazardous substances designated under section
101(14) of CERCLA; any chemical facilities required
to roport pursuant to section 313 of title m of
SARA; fertilizers; pesticides; and waste products
luch is ashes, slag, and sludge that have the
potontlil to bo released with storm water
discharge." (40 CFR 122.2G(b)(12)) Significant
materials commonly found at mining facilities
Include: overburden; raw materials; waste rock
piles; tailings; petroleum based products; solvents
and detergents; and manufactured products, waste
materials or by-products used or created by the
facility.
rainfall and runoff, and locations of
major spills and leaks that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit. The
map also must show areas where the
following activities take place: fueling,
vehicle and equipment maintenance
and/or cleaning, loading and unloading,
material storage (including tanks or
other vessels used for liquid or waste
storage), material processing, and waste
disposal, haul roads, access roads, and
rail spurs. In addition, the site map
must also indicate the outfall locations
and the types of discharges contained in
the drainage areas of the outfalls (e.g.
storm water and air conditioner
condensate). In order to increase the
readability of the map, the inventory of
the types of discharges contained in
each outfall may be kept as an
attachment to the site map.
Facility operators are required to
carefully conduct an inspection of the
site and related records to identify
significant materials that are or may be
exposed to storm water. The inventory
must address materials that within 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit have been handled,
stored, processed, treated, or disposed
of in a manner to allow exposure to
storm water. Findings of the inventory
must be documented in detail in the
pollution prevention plan. At a
minimum, the plan must describe the
method and location of onsite storage or
disposal; practices used to minimize
contact of materials with rainfall and
runoff; existing structural and
nonstructural controls that reduce
pollutants in storm water runoff;
existing structural controls that limit
process wastewater discharges; and any
treatment the runoff receives before it is
discharged to surface waters or a
separate storm sewer system. The
description must be updated whenever
there is a significant change in the types
or amounts of materials, or material
management practices, that may affect
the exposure of materials to storm
water.
The description of potential pollution
sources culminates in a narrative
assessment of the risk potential that
those sources of pollution pose to storm
water quality. This assessment should
clearly point to activities, materials, and
physical features of the facility that have
a reasonable potential to contribute
significant amounts of pollutants to
storm water. Any such activities,
materials, or features must be addressed
by the measures and controls
subsequently described in the plan. In
conducting the assessment, the facility
operator must consider the following
activities: loading and unloading
operations; outdoor storage activities;
outdoor processing activities; significant
dust or particulate generating processes;
and onsite waste disposal practices. The
assessment must list any significant
• pollution sources at the site and identify
the pollutant parameter or parameters
(i.e., total suspended solids, total
dissolved solids, etc.) associated with
each source.
Under the measures and controls
section of the pollution prevention plan,
the permittee must evaluate, select, and
describe the pollution prevention
measures, best management practices
(BMPs), and other controls that will be
implemented at the facility. The
permittee must assess the applicability
of the following BMPs for their site:
discharge diversions, drainage/storm
water conveyance systems, runoff
dispersions, sediment control and
collection mechanisms, vegetation/soil
stabilization, and capping of
contaminated sources. In addition,
BMPs include processes, procedures,
schedules of activities, prohibitions on
practices, and other management
practices that prevent or reduce the
discharge of pollutants in storm water
runoff.
The pollution prevention plan must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each will address the
potential sources of storm water
pollution. The plan also must include a
schedule specifying the time or times
during which each control or practice
will be implemented. In addition, the
plan should discuss ways in which the
controls and practices relate to one
another and, when taken as a whole,
produce an integrated and consistent
approach for preventing or controlling
potential storm water contamination
problems.
Under the preventive maintenance
requirements of the pollution
prevention plan, permittees are required
to develop a preventive maintenance
program that includes regular
inspections and maintenance of storm
water BMPs. The maintenance program
requires periodic removal of debris from
discharge diversions and conveyance
systems. These activities should be
conducted in the spring, after snowmelt,
and during the fall season. Permittees
already controlling their storm water
runoff frequently use impoundments or
sedimentation ponds. Maintenance
schedules for these ponds must be
provided in the pollution prevention
plant.
Under the inspection requirements of
the pollution prevention plan, operators
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
of active facilities are required to
conduct quarterly visual inspections of
BMPs. Temporary and permanently
inactive operations are required to
perform annual inspections. Active sites
have more frequent inspections than
inactive sites because members of the
pollution prevention team will be
onsite, and the fact that they are active
means there is a greater potential for
pollution. The inspections shall
include: (1) An assessment of the
integrity of storm water discharge
diversions, conveyance systems,
sediment control and collection
systems, and containment structures; (2)
visual inspections of vegetative BMPs,
serrated slopes, and benched slopes to
determine if soil erosion has occurred;
and (3) visual inspections of material
handling and storage areas and other
potential sources of pollution for
evidence of actual or potential pollutant
discharges of contaminated storm water.
The inspection must be made at least
once in each designated period during
daylight hours. Inspections for active
facilities shall be conducted in each of
the following periods: January through
March; April through June; July through
September; October through December.
EPA believes that this quick and
simple description will allow the
permittee to assess the effectiveness of
his/her plan on a regular basis at very
little cost. The frequency of this visual
inspection will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow up
procedures must be used to ensure that
appropriate actions are taken in
response to the inspections. The visual
inspection is intended to be performed
by facility staff. This hands-on
inspection will also enhance the staffs
understanding of the storm water
problems on that site and effects on the
management practices that are included
in the plan.
Under the recordkeeping and internal
reporting procedures of the pollution
prevention plan, the permittee must
describe procedures for developing and
retaining records on the status and
effectiveness of plan implementation.
The plan must address spills,
monitoring, and BMP inspection and
maintenance activities. Ineffective BMPs
must be reported and the date of their
corrective action noted.
Under the sediment and erosion
control requirements of the pollution
prevention plan, permittees must
indicate the location and design for
proposed BMPs to be implemented prior
to land disturbance activities. For sites
already disturbed but without BMPs, the
permittee must indicate the location and
design of BMPs that will be
implemented. The permittee is required
to indicate plans for grading,
contouring, stabilization, and
establishment of vegetative cover for all
disturbed areas, including road banks.
Reclamation activities must continue
until final'closure notice has been
issued.
According to the pollution prevention
runoff requirements, the permittee must
evaluate the appropriateness of each
storm water BMP that diverts,
infiltrates, reuses, or otherwise reduces
the discharge of contaminated storm
•water. In addition, the permittee must
describe the storm water pollutant
source area or activity (i.e., loading and
unloading operations, raw material
storage piles etc.) to be controlled by
each storm water management practice.
a. Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluations that qualified personnel will
conduct to (1) confirm the accuracy of
the description of potential pollution
sources contained in the plan, (2)
determine the effectiveness of the plan,
and (3) assess compliance with the
terms and conditions of this section.
Comprehensive site compliance
evaluations should be conducted once a
year. When annual comprehensive site
compliance evaluations are shown in
the plan to be impractical for inactive
mining sites, due to remote location and
inaccessibility, site evaluations must be
conducted at least once every 3 years.
The individual or individuals who will
conduct the evaluations must be
identified in the plan and should be
members of the pollution prevention
team. Evaluation reports must be
retained for at least 3 years after the date
of the evaluation.
Based on the results of each
evaluation, the description of potential
pollution sources, and measures and
controls, the plan must be revised as
appropriate within 2 weeks after each
evaluation. Changes in the measures
and controls must be implemented on
the site in a timely manner, and never
more than 12 weeks after completion of
the evaluation.
5. Numeric Effluent Limitation
Except as discussed below, there are
no additional numeric effluent
limitations under this section beyond
those stated in section V.B of today's
permit. Part XI.J.4. of today's permit
establishes numeric effluent limitations
for mine dewatering discharges that are
composed entirely of storm water or
ground water seepage from construction
sand and gravel, industrial sand and
crushed stone mines that are located in
Region VI (the States of Louisiana, New
Mexico, Oklahoma, and Texas).
Discharges from these areas may not
exceed a maximum TSS concentration
of 45 mg/L for any one day or 25 mg/
L for the average of daily values for 30
consecutive days. The pH of the
discharges from these areas must be
within the range of 6.0 to 9.0. These
effluent limitations are in accordance
with the Crushed Stone, Construction
Sand and Gravel, and Industrial Sand
Subcategories of the Mineral Mining
and Processing Point Source Categories
(40 CFR 436.20, 436.30 and 40 CFR
436.40). These limitations represent the
degree of effluent reduction attainable
by the application of best practicable
control technology and best
conventional pollutant control
technology. Dischargers subject to these
numeric effluent limitations must be in
compliance with the limits upon
commencement of and for the entire
term of this permit.
6. Monitoring and Reporting
Requirements
a. Monitoring Requirements. Under
the revised methodology for
determining pollutants of concern in the
various industrial categories, dimension
and crushed stone and nonmetallic
minerals (except fuels) mining and sand
and gravel mining facilities are required
to monitor for the pollutants listed in
the applicable table below (Table J-6 or
J-7). The pollutants listed in this table
were found to be above benchmark
levels. EPA is requiring monitoring after
the pollution prevention plan has been
implemented to assess the effectiveness
of the pollution prevention plan and to
help ensure that a reduction of
pollutants is realized.
TABLE J-6.—MONITORING REQUIRE-
MENTS FOR DIMENSION AND
CRUSHED STONE AND NONMETALLIC
MINERALS (EXCEPT FUELS) (MG/L)
Pollutant of concern
Total suspended sol-
ids.
Monitoring cut-off
concentration
100 mg/L.
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50931
TABLE J-7.—MONITORING REQUIRE-
MENTS FOR SAND AND GRAVEL MIN-
ING
TABLE J-8.—SCHEDULE OF
MONITORING—Continued
Pollutants of concern
Total suspended sol-
Ids.
Nitrate plus Nitrite Ni-
trogen.
Monitoring cut-off
concentration
100mg/L
0.68 mg/L.
At a minimum, storm water
discharges from dimension and crushed
stone, sand and gravel and nonmetallic
mineral (except fuels) mining must he
monitored quarterly during the second
year of permit coverage. Samples must
ho collected at least once in each of the
following periods: January through
March; April through June; July through
Soplemhor; and October through
Decomher. At the end of the second year
of permit coverage, a facility must
calculate the average concentration for
each parameter listed in the applicable
table (Table J-6 or J-7). If the permittee
collects more than four samples in this
period, then they must calculate an
average concentration for each pollutant
of concern for all samples analyzed.
If the average concentration for a
parameter is less than or equal to the
cut-off concentration, then the permittee
is not required to conduct quantitative
analysis for that parameter during the
fourth year of the permit. If, however,
the average concentration for a
parameter is greater than the cut-off
concentration, then the permittee is
required to conduct quarterly
monitoring for that parameter during the
fourth year of permit coverage.
Monitoring is not required during the
first, third, and fifth year of the permit.
The exclusion from monitoring in the
fourth year of the permit is conditional
on the facility maintaining industrial
operations and BMPs that will ensure a
quality of storm water discharges
consistent with the average
concentrations recorded during the
second year of the permit. The schedule
for monitoring is presented in Table J—
8.
TABLE J-8.—SCHEDULE OF
MONITORING
2nd year
o» per-
mit
cov-
erage.
Conduct quarterly monitoring.
Calculate the average con-
centration for all parameters
analyzed during this period.
4th year
of per-
mit
cov-
erage.
If average concentration is
greater than the value listed in
Table J-6 or J-7, then quarterly
sampling is required during the
fourth year of the permit.
If average concentration is less
than or equal to the value listed
in Table J-6 or J-7, then no fur-
ther sampling is required for that
parameter.
Conduct quarterly monitoring for
any parameter where the aver-
age concentration in year 2 of
the permit is greater than the
value listed in Table J-6 or J-7.
i If industrial activities or the pollu-
tion prevention plan have been
altered such that storm water
discharges may be adversely af-
fected, quarterly monitoring is
required for all parameters, of
concern.
In cases where the average ,
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will he used to
reassess the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
Alternative Certification. Throughout
today's permit, EPA has included
monitoring requirements for facilities
which the Agency believes have the
potential for contributing significant
levels of pollutants to storm water
discharges. The alternative certification
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports described in
paragraph (2) below, under penalty of
law, signed in accordance with Part
VH.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,
and 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 lieu of monitoring reports required
under paragraph (2) below. The
permittee is required to complete any
and all sampling until the exposure is
eliminated. If the facility is reporting for
a partial year, the permittee must
specify the date exposure was
eliminated. If the permittee is certifying
that a pollutant was present for part of
the reporting period, nothing relieves
the permittee from the responsibility to
sample that parameter up until the
exposure was eliminated and it was
determined that no significant materials
remained. This certification option is
not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
(2) Reporting Requirements.
Permittees are required to submit all
monitoring results obtained during the
second and fourth year of permit
coverage within 3 months of the
conclusion of each year. For each
outfall, one signed Discharge
Monitoring Report Form must be
submitted to the Director per storm
event sampled. For facilities conducting
monitoring beyond the minimum
requirements, an additional signed
Discharge Monitoring Report Form must
be filed for each analysis. The permittee
must include a measurement or estimate
of the total precipitation, volume of
runoff, and peak flow rate of runoff for
each storm event sampled.
(3) Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in'
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
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5OQ32 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
hour interval is representative for local
storm events during the season when
sampling is being conducted. The
required 72-hour storm event interval is
waived where the preceding measurable
storm event did not result in a
measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable, permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(4) 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
outfall(s) provided that the.permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
(5) Adverse Conditions. When a .
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions which may prohibit the
collection of samples include 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.).
B. Quarterly Visual Examination of
Storm Water Quality. Mineral mining
and processing facilities shall perform
and document a visual examination of
a storm water discharge associated with
industrial activity from each outfall,
except discharges exempted below. The
examination(s) must be made at least
once in each of the following three-
month periods: January through March,
April through June, July through
September, and October through
December. The examination shall be
made during daylight hours unless there
is insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) or
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination. . . • . - .
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
(5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
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50933
EPA believes that between quarterly
visual examinations, site compliance
evaluations and the limited analytical
monitoring required of the specified
subsoctors, potential sources of
contaminants can be recognized,
addressed, and then controlled with
BMPs. In determining the monitoring
requirements, EPA considered the
nature of the industrial activities and
significant materials exposed at these
sites and performed a review of data
provided in Part 2 group applications.
c. Compliance Monitoring
Requirements. Today's permit requires
permittees with mine dewatering
discharges from construction sand and
gravel, industrial sand, and crushed
stone mine facilities to monitor for the
presence of TSS and gH. These
monitoring requirements are necessary
to evaluate compliance with the
numeric effluent limitation established
for these discharges. Monitoring shall be
performed quarterly upon a minimum of
one grab sample. All 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 ba taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 minutes is impracticable, a grab
sample can be taken dining 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 30
minutes was impracticable. Monitoring
results shall be submitted on signed
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the month following collection of the
sample. Facilities which discharge
through a large or medium municipal
separate storm sewer system (systems
serving a population of 100,000 or more)
must also submit signed copies of
discharge monitoring reports to the
operator of the municipal separate storm
sewer system.
Alternative Certification provisions
described in Section XI.J.5 do not apply
to facilities subject to compliance
monitoring requirements in this section.
Compliance monitoring is required at
least annually for discharges subject to
effluent limitations. Therefore, EPA
cannot permit a facility to waive
compliance monitoring.
Construction sand and gravel,
industrial sand and crushed stone
mining facilities are not required to
collect and analyze separate samples for
tho presence of TSS to satisfy the
Compliance Monitoring requirements of
Section Xl.J.S.d. during a year in which
the facilities have collected and
analyzed samples for TSS in accordance
with the Analytical Monitoring
requirements of Section Xl.J.S.a. The
results of all TSS Analytical Monitoring
analyses may also be reported as
Compliance Monitoring results in
accordance with Section Xl.J.S.d.(3).
where the monitoring methodologies are
consistent.
7. Definitions
"Overburden" means any material of
any nature, consolidated or
unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar
naturally occurring surface materials
that are not disturbed by mining
operations.
"Overflow" means a precipitation
induced overflow of a facility that is
designed, constructed, and maintained
to contain, or treat, the volume of
wastewater which would result from 10-
year, 24-hour precipitation events.
Storm Water Discharges Associated
With Industrial Activity from Hazardous
Waste Treatment, Storage, or Disposal
Facilities
Industry Profile
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharge
associated with industrial activity."
This definition includes point source
discharges of storm water from 11
categories of facilities, including "* * *
(iv) Hazardous waste treatment, storage,
or disposal facilities, including those
that are operating under interim status
or a permit under Subtitle C of RCRA *
* * ." PartXLK. of today's permit only
covers storm water discharges from
facilities that treat, store, or dispose of
hazardous wastes.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
Some industrial facilities that
generate hazardous waste have onsite
capacity to store, treat, and even dispose
of their waste. Many hazardous waste
generators, however, send their waste
offsite to a treatment, storage, or
disposal facility (TSDF). Generators of
hazardous waste must arrange for a
transporter who has obtained an EPA ID
number to transport the generator's
waste to a designated facility (i.e., a
facility that is permitted under RCRA to
receive and treat, store, or dispose of
hazardous waste).
Once wastes are accepted by the
TSDF, any number of activities may
follow. For example, some wastes are
disposed without any intervening
storage or treatment, while other wastes
are held in storage prior to treatment or
disposal. Hazardous wastes are
generally stored in containers and tanks,
which are enclosed by a bermed area to
prevent any releases to the environment
from the storage units.
The processes for treating hazardous
wastes can be divided into two major
categories based on whether the waste is
organic or inorganic in nature. Organic
wastes are treated by destructive
technologies, like incineration, whereas
inorganic wastes are treated using
fixation technologies, like stabilization,
in which the hazardous constituents are
immobilized in the residual matrix.
Residuals from fixation processes are
usually land-disposed where the
stabilized constituents are much less
likely to leach into the environment.
As mentioned above, some wastes are
treated prior to disposal while others are
disposed as-generated. Hazardous waste
disposal units include landfills, surface
impoundments, waste piles, and land
treatment units. Such disposal units
may have specific requirements under
RCRA Subtitle D. Wastes are also
disposed by being burned in
incinerators. Some liquid hazardous
wastes are underground-injected into
deep wells regulated under the
Underground Injection Control (UIC)
program in 40 CFR Parts 144 to 148. The
RCRA regulations governing the
different types of hazardous waste
treatment, storage, and disposal units
are located in 40 CFR Part 264, Subparts
I through O and Subpart W.
Hazardous wastes are also recycled at
TSDFs. Recycling is considered a form
of treatment, however, the recycling
process' itself is not generally regulated
under RCRA. Recycling activities
include reclamation, regeneration,
reuse, burning for energy or materials
recovery, and use in a manner
constituting disposal (i.e., land
application of hazardous waste or ,
products containing hazardous waste); ,
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2. Pollutants in Storm Water Discharges
Associated With. Hazardous Waste
Treatment, Storage, or Disposal
Facilities
Given the diversity and amount of
hazardous wastes handled at TSDFs,
pollutants in storm water discharges
may vary considerably. Contaminated
storm water discharges may result from
precipitation coming in contact with
spills or leaks of hazardous waste.
TSDFs regulated under RCRA Subtitle
C, however, are required to control
much of their storm water runoff
through secondary containment (e.g.,
secondary containment for tank
systems; 40 CFR 264.193). When a spill
of a listed hazardous waste occurs, for
example, the spilled material and any
storm water that comes into contact
with the material is a hazardous waste
under RCRA and must be cleaned up
and managed in accordance with all
applicable regulations.
In addition to the types of hazardous
materials handled and the procedures
for controlling runoff at a particular
TSDF, several other factors influence to
what extent significant materials from
these types of facilities and processing
operations can affect water quality. ,
Such factors include: hydrology/
geology; volume of wastes handled;
extent of industrial activities at a TSDF
(i.e., only storage, or storage plus
treatment and disposal); and type,
duration, and intensity of precipitation
events. These and other factors will
interact to influence the quantity and
quality of storm water runoff. In
addition, sources of pollutants other
than storm water, such as illicit
connections,16 spills, and other
improperly dumped materials, may
increase the pollutant loadings
discharged into waters of the United
States.
Pollutants in storm water discharges
from TSDFs may consist of, in the case
of spills or leaks which are not properly
contained or cleaned up, hazardous
wastes and/or their constituents. 40 CFR
Part 261 Subpart D contains the lists of
hazardous wastes, and Appendix VII to
Part 261 is a list of the hazardous
constituents for which each of these
wastes is listed.
Based on the similarities of the
facilities included in this sector in terms
of industrial activities and significant
materials, EPA believes it is appropriate
to discuss the potential pollutants at
TSDFs facilities as a whole and not
subdivide this sector. Therefore, Table
K-l lists data for selected parameters '
from facilities in the TSDF sector. These
data include the eight pollutants that all
facilities were required to monitor for
under Form 2F.
TABLE K-1 .—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY HAZARDOUS WASTE TREATMENT STORAGE OR
DISPOSAL FACILITIES SUBMITTING PART II SAMPLING DATA1 (mg/L)
Pollutant
Sample type
BOD5
COD
Nitrate + Nitrite Nitro-
gen
Total Kjeldahl Nitro-
gen
Oil & Grease
pH
Total Phosphorus
Total Suspended Sol-
ids
No. of facilities
Grab
3
3
4
4
4
2
4
3
Comp"
4
4
4
4
N/A
N/A
4
4
No. of Sam-
ples
Grab
8
8
9
9
9
7
9
8
Comp
9
9
9
9
N/A
N/A
9
9
Mean
Grab
17.8
117.6
0.46
1.43
9.3
N/A
0.24
338
Comp
9.44
51.9
0.39
1.07
N/A
N/A
0.11
82.7
Minimum
Grab
0.0
12.0
0.15
0.64
0.0
5.6
0.00
4
Comp
0.0
10.0
0.07
0.25
N/A
N/A
0.00
5
Maximum
Grab
45.0
500.0
0.79
3.00
74.0
7.8
1.60
1100
Comp
45.0
131.0
0.67
3.92
N/A
N/A
0.32
304
Median
Grab
11.5
56.5
0.47
1.30
0.0
7.3
0.07
128
Comp
7.0
45.0
0.34
0.92
N/A
N/A
0.09
32
95th Percent-
He
Grab
49.7
419.2
1.07
2.64
56.3
8.7
0.67
2463
Comp
35.7
158.9
1.06
2.96
N/A
N/A
0.28
397
99th Per-
centile
Grab
82.3
910.3
1.59
3.52
251.8
9.6
1.51
8651
Comp
62.9
285.8
1.72
5.21
N/A
N/A
0.43
1083
•Applications that did not report the units of measurement for the reported values of pollutants were not included
ported as non-detect or below detection limit were assumed to be 0.
"Composite samples.
in these statistics. Values re-
3. Pollutant Control Measures Required
Through Other EPA Programs
As part of the RCRA program, 40 CFR
Part 264 sets standards for treatment,
storage and disposal facilities. EPA
realizes that some of the conditions of
this section are already addressed by the
requirements set forth in Part 264.
Under the RCRA program, for example,
secondary containment is required for
tank systems in order to prevent the
release of hazardous waste or hazardous
constituents to the environment. Such
secondary containment must either be
capable of preventing storm water runon
from entering the system, or have the
capacity to contain the volume of the
''Illicit connections are contributions of
unpermitted non-storm water discharges to storm
sewers from any of a number of sources including
tank plus precipitation from a 25-year,
24-hour rainfall event (40 CFR 264.193).
Conditions such as those set forth for
secondary containment at TSDFs are
pertinent because they may overlap
with aspects of the pollution prevention
plan (PPP) required as part of this
section. Therefore, in developing a
storm water pollution prevention plan,
a TSDF should include as Best
Management Practices (BMPs) any
controls relevant to storm water that
have already been implemented under
40 CFR Part 264.
Other areas where RCRA
requirements may overlap with the
conditions set forth in this section
include inspections and employee
training. Daily and weekly inspections
of tank systems and containers are
required, respectively, under Part 264.
Therefore, these inspections will be
incorporated into the pollution
prevention plan for this storm water
permit. Similarly, employee training,
required under 40 CFR 264.16, does not
need to be repeated as part of
implementation of the pollution
prevention plan, but rather expanded as
necessary to include issues concerning
storm water management.
4. Options for Controlling Pollutants
In evaluating options for controlling
pollutants in storm water discharges,
EPA must achieve compliance with the
sanitary sewers, industrial facilities, commercial
establishments, or residential dwellings. The •
probability of illicit connections at mineral mining
and processing facilities is low yet it still may be
applicable at some operations.
_
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50935
technology-based standards of the Clean
Water Act [Best Available Technology
(BAT) and Best Conventional
Technology (BCT)]. The Agency does
not believe that it is appropriate to
establish specific numeric effluent
limitations or a specific design or
performance standard in this section for
storm water discharges associated with
industrial activity from hazardous waste
treatment, storage, and disposal
facilities to meet BAT/BCT standards of
the Clean Water Act at this time.
Instead, this section establishes
requirements for the development and
implementation of site-specific storm
water pollution prevention plans
consisting of a set of Best Management
Practices (BMPs) that are sufficiently
flexible to address different sources of
pollutants at different sites.
Generally, BMPs are implemented to
prevent and/or minimize exposure of
pollutants from industrial activities to
storm water discharges. EPA beh'eves
the most effective BMPs for reducing
pollutants in storm water discharges are
exposure minimization practices.
Exposure minimization practices lessen
the potential for storm water to come
into contact with pollutants. Good
housekeeping practices ensure that
facilities are sensitive to routine and
nonroutine activities which may
increase pollutants in storm water
discharges. The BMPs which address
good housekeeping and exposure
minimization are easily implemented,
inexpensive, and require little, if any,
maintenance. BMP expenses may
include construction of roofs for storage
areas or other forms of permanent cover
and the installation of berms/dikes.
Other BMPs such as detention/retention
ponds and filtering devices may be
needed at these facilities because of the
contaminant level in the storm water
discharges.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location,
hydrogeology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. EPA believes that
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
hazardous waste treatment, storage, or
disposal facilities that are not already
addressed by RCRA subtitle C.
Facilities covered under this section
must already be in compliance with the
standards for operating a hazardous
waste treatment, storage, or disposal
facility as established by 40 CFR Part
264. As discussed in greater detail in the
previous section (Pollutant Control
Measures Required Through Other EPA
Programs), EPA believes that because of
the requirements previously imposed on
hazardous waste treatment, storage, or
disposal facilities, storm water BMPs are
already employed at most TSDFs. This
belief is supported by part 1 group
application data, which indicated that
97 percent of the representative
sampling facilities already have SPCC
plans in place at their sites.
Because of the potential for spills of
hazardous materials during loading and
unloading operations, and the absence
of an individual discussion of these
operations in 40 CFR Part 264, Table K-
2 is provided to identify BMPs
associated with these activities at
hazardous waste treatment, storage, or
disposal facilities.
TABLE K-2.—GENERAL LOADING AND UNLOADING STORM WATER BMPs FOR HAZARDOUS WASTE TREATMENT,
STORAGE, OR DISPOSAL FACILITIES
Activity
Best management practices (BMPs)
Outdoor Unloading and Loading ....
Confine loading/unloading activities to a designated area.
Consider performing loading/unloading activities indoors or in a covered area.
Consider covering loading/unloading area with permanent cover (e.g., roofs) or temporary cover (e.g.,
tarps).
Close storm drains during loading/unloading activities in surrounding areas.
Avoid loading/unloading materials in the rain.
Inspect the unloading/loading areas to detect problems before they occur.
Inspect all containers prior to loading/unloading of any raw or spent materials.
Consider berming, curbing, or diking loading/unloading areas.
Use dry clean-up methods instead of washing the areas down.
Train employees on proper loading/unloading techniques.
Sources' NPDES Storm Water Group Applications—Part 1. Received by EPA, March 18, 1991 through December 31, 1992 EPA, Office of
Water. September 1992. "Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Prac-
tices.11 EPA 832-R-92-006.
5. Storm Water Pollution Prevention
Plan Requirements.
EPA believes that pollution
prevention is the most effective
approach for controlling contaminated
storm water discharges from hazardous
waste treatment, storage, or disposal
fadlitios. The requirements included in
the pollution prevention plans provide
a flexible framework for the
development and implementation of
site-specific controls to minimize the
pollutants in storm water discharges.
This flexibility is necessary because
each facility is unique in that the
source, type, and volume of
contaminated storm water discharge
will vary from site to site.
There are two major objectives to a
pollution prevention plan: (1) to
identify sources of pollution potentially
affecting the quality of storm water
discharges associated with industrial
activity from a facility; and (2) to
describe and ensure implementation of
practices to minimize and control
pollutants in storm water discharges
associated with industrial activity from
a facility.
The pollution prevention plan
requirement reflects EPA's decision to
allow hazardous waste treatment,
storage, or disposal facilities to utilize
BMPs as the BAT/BCT level of control
for the storm water discharges covered
by this section.
As previously discussed, many of the
storm water pollution prevention plan
requirements discussed in this section
of today's permit and fact sheet are
already addressed by the RCRA program
and employed at hazardous waste
treatment, storage, or disposal facilities.
Please note that if RCRA does not
address a particular condition which is
stipulated in the storm water pollution
prevention plan, the facility still must
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
comply with that requirement of the
plan.
6. Numeric Effluent Limitations.
There are no additional requirements
under this section other than those
stated in Part V.B of the permit.
7. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that
treatment, storage, or disposal facilities
(TSDFs) may reduce the level of
pollutants in storm water runoff from
their sites through the development and
proper implementation of the storm
water pollution prevention plan
requirements discussed in today's
permit. In order to provide a tool for
evaluating the effectiveness of the
pollution prevention plan and to
characterize the discharge for potential
environmental impacts, the permit
requires TSDFs to collect and analyze
samples of their storm water discharges
for the pollutants listed in Table K-3.
The pollutants listed in Table K-3 were
not found to be above benchmark levels
in the limited amount of data that was
submitted in the group application
process, but are believed to be present
based upon the description of industrial
activities and significant materials
exposed. EPA is requiring monitoring
after the pollution prevention plan has
been implemented to assess the
effectiveness of the pollution prevention
plan and to help ensure that a reduction
of pollutants is realized.
At a minimum, storm water
discharges from TSDFs must be
monitored quarterly during the second
year of permit coverage. Samples shall
be collected at least once in each of the
following periods: January through
March; April through June; July through
September; and October through
December. At the end of the second year
of permit coverage, a facility must
calculate the average concentration for
each parameter listed in Table K-3. If
the permittee collects more than four
samples in this period, then they must
calculate an average concentration for
each pollutant of concern for all
samples analyzed.
TABLE K-3.—Industry Monitoring
Requirements
Pollutants of concern
Ammonia
Total Recoverable Magnesium*
Chemical Oxygen Demand
(COD) .
Total Recoverable Arsenic
Total Recoverable Cadmium ....
Total Cyanide"
Total Recoverable Lead
Total Recoverable Mercury
Total Recoverable Selenium ....
Cut-off con-
centration
(mg/L)
19
0.0636
120
16854
0.0159
0.0636
0.0816
0.0024
0.2385
TABLE K-3.—Industry Monitoring
Requirements—Continued
Pollutants of concern
Total Recoverable Silver
Cut-off con-
centration
(mg/L)
0.0318
'The MDL for magnesium is 0.02 mq/L
method 200.6.
"The MDL for cyanide is 0.02 mg/L method
335.1,.2, or .3.
If the average concentration for a
parameter is less than or equal to the
value listed hi Table K-3, then the
permittee is not required to conduct
quantitative analysis for that parameter
during the fourth year of the permit. If,
however, the average concentration for
a parameter is greater than the cut-off
concentration listed in Table K-3, then
the permittee is required to conduct
quarterly monitoring for that parameter
during the fourth year of permit
coverage. Monitoring is not required
during the first, third, and fifth year of
the permit. The exclusion from
monitoring in the fourth year of the
permit is conditional on the facility
maintaining industrial operations and
BMPs that will ensure a quality of storm
water discharges consistent with the
average concentrations recorded during
the second year of the permit. The
schedule for monitoring is presented in
Table K-4.
TABLE K-4.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage .
4th Year of Permit Coverage ,
> Conduct quarterly monitoring.
> Calculate the average concentration for all .parameters analyzed during this period.
' If average concentration is greater than the value listed in Table K-3, then quarterly sampling is required
during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table K-3, then no further samplinq
is required for that parameter. H y
Conduct quarterly monitoring for any parameter where the average concentration in year 2 of the permit
is greater than the value listed in Table K-3.
If industrial activities or the pollution prevention plan have been altered such that storm water discharges
may be adversely affected, quarterly monitoring is required for all parameters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring described in Table K-3,
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,
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50937
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 he retained in
tho storm water pollution prevention
plan and submitted to EPA in
accordance with Part VLB. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (Q below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. For facilities conducting
monitoring beyond the minimum
quarterly requirements an additional
Discharge Monitoring Report Form must
bo filed for each analysis.
d. Sample Type. All discharge data
shall bo reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or non-process water, then
where practicable permittees must
attempt to sample the storm water
discharges before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/. Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
examinations of storm water discharges
from each outfall are required at TSDFs.
The examination must be of a grab
sample collected from each storm water
outfall. The examination of storm water
grab samples shall include any
observations of color, odor, clarity,
floating solids, settled solids, suspended
solids, foam, oil sheen, or other obvious
indicators of storm water pollution. The
examination must be conducted in a
well lit area. No analytical tests are
required to be performed on these
samples.
The examination must be made at
least once in each of the following
designated periods: January through
March; April through June; July through
September; and October through
December, during daylight unless there
is insufficient rainfall or snow-melt to
runoff. Whenever practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 1 hour) of when the runoff
begins discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must.be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the inspections. The visual
examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of storm water problems
on that site and the effects of the
management practices that are included
in the plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not collecting samples. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
8. Region-specific Conditions
Region VI intends for this permit to
cover all eligible hazardous waste
treatment, storage, and disposal
facilities, except those that treat and
dispose exclusively commercial
hazardous waste. Region VI believes
that more careful compliance tracking is
warranted for facilities that treat and
dispose of commercially produced
hazardous waste due to the wide range
of chemicals and large quantities of
hazardous waste materials that are
generally disposed as a service to
generators. Region VI has determined
this to be a priority industry and
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50938
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
required individual permits in the past
with limits. This affects permits issued
by EPA Region VI for Louisiana
(LAR05 *###), New Mexico
(NMR05*###), Oklahoma (OKR05*###),
Texas (TXR05 *###), and Federal Indian
Reservations in these States
(LAR05*##F, NMR05*##F, OKR05*##F,
orTXR05*##F).
L. Storm Water Discharges Associated
With Industrial Activity From Landfills
and Land Application Sites
I. Industry Profile.
This section of today's permit
addresses special requirements for
storm water discharges associated with
industrial activity from landfill and land
application sites. Pursuant to 40 CFR
122.26, storm water discharges from
landfills, land application sites, and
open dumps that receive or have
received industrial waste, including
sites subject to regulation under Subtitle
D of the Resource Conservation and
Recovery Act (RCRA), are required to
seek permit coverage. Under this
section, industrial waste is defined as
waste generated by any of the industrial
activities described at 40 CFR
122.26(b)(14).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
Special conditions contained in this
section apply to land disposal sites that
meet the definition of a landfill under
RCRA Subtitle D contained at 40 CFR
Part 257, which establishes criteria for
the classification of solid waste disposal
facilities and practices. Part 257 defines
landfills as areas of land or excavation
in which wastes are placed for
permanent disposal, and that are not
land application units, surface
impoundments, injection wells, or
waste piles. Included in this definition
are municipal solid waste landfills
(MSWLFs) and industrial solid
nonhazardous waste landfills. (Many,of
the 1,410 landfill facilities participating
in the group application process are
classified as MSWLFs). Therefore, the
special conditions in this section apply
to both MSWLFs and industrial landfills
as defined under Part 257. This section
also applies to industrial waste land
application sites. Land application sites
are defined as facilities at which wastes
are applied onto or incorporated into
the soil surface for the purpose of
beneficial use or waste treatment and
disposal. No open dumps were included
in the facilities participating in the
group application process (open dumps
are defined as solid waste disposal units
not in compliance with State/Federal
criteria established under RCRA Subtitle
D) and operation of an'open dump is
prohibited under RCRA Section 4004.
Therefore, storm water discharges from
open dumps are not addressed by this
section. This section also does not apply
to inactive landfills or inactive land
application sites located on Federal
lands, unless an operator can be
identified. These discharges are more
appropriately covered under a permit
currently being developed by EPA.
The following sections describe
industrial and municipal solid waste
landfills and industrial waste land
application sites.
a. Municipal Solid Waste Landfills. In
1988, EPA estimated that there were
approximately 9,300 MSWLFs in the
United States. The wastes which are
disposed of in MSWLF landfills are
highly variable. Examples include
household waste (including household.
hazardous waste which is excluded
from RCRA hazardous waste regulation),
nonhazardous incinerator ashes,
commercial wastes, yard wastes, tires,
white goods, construction wastes,
municipal and industrial sludges,
asbestos, and other industrial wastes.
Only a small percentage of all wastes
disposed of in MSWLFs are industrial
wastes. In 1988, EPA's Report to
Congress on solid waste generation
indicated that nearly 90 percent of
wastes disposed of in all MSWLFs were
household or commercial (office)
wastes. Industrial process wastes
represented only 2.73 percent of the
total wastestream (although most
MSWLFs currently or have previously
accepted industrial wastes and are
therefore subject to storm water
permitting requirements). The Report
also indicated that about half of the total
number of MSWLFs received small
quantity generator hazardous wastes. In
addition, MSWLFs that operated prior
to the implementation of RCRA
hazardous waste management
requirements in 1980 may have received
wastes that after that date that would
have been classified as hazardous
wastes under current RCRA
requirements.
A typical MSWLF is a constantly
evolving facility which is constructed
over its operating life as received wastes
are spread, compacted, and covered.
Most modern landfills contain one or
more separate "units," planned final
waste containment areas. Active units
continue to receive wastes until they
have reached disposal capacity. When
capacity is reached, a unit is capped
with a final cover, and additional wastes
must be placed in other active units. As
a result, a landfill may consist of
multiple inactive and active units at
various stages of completion.
Within each unit, wastes are added in
layers referred to as lifts. Received
wastes are spread across the working
face of the landfill to a depth of six to
twenty feet and then compacted. At the
end of each working day a thin layer of
soil (daily cover) is spread on top of the
added wastes and compacted. A large
unit may consist of multiple lifts,
depending on the planned final depth.
Historically, landfills have been
constructed according to one of two'
generic designs, the trench method and
the area method, or a combination of
these. The trench method requires the
excavation of a trench into which
wastes will be placed. Soil from the
excavation provides the cover material
as disposal continues. In the area
method, wastes are placed directly on
the ground surface and disposal follows
the natural contours of the land. Some
landfills use combinations of the two
methods at different times depending on
the location of the active unit.
MSWLF construction creates constant
changes in the contours of the facility
resulting in changing patterns of storm
water runon and runoff. Controlling
erosion of landfill slopes is among the
primary concerns of the landfill
operator. Current practices generally
include a combination of temporary
controls (straw bales, silt fences, etc.), in
active disposal areas, and permanent
controls (recontouring, revegetation,
etc.), in areas where waste disposal has
been completed.
Daily and intermediate covers serve
primarily to protect against disease
vectors and to prevent fires and the
blowing of refuse. Typically, daily
covers consist of the minimum amount
of soil excavated from the site needed to
cover exposed wastes in the active areas
of the landfill. After spreading, the
cover is usually compacted to reduce
loss from erosion. Intermediate covers,
which are also typically soil excavated
from the site, are often applied to areas
of a unit which will be inactive for
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50939
periods of 30 days or more. Deeper than
daily covers, intermediate covers may
bo applied in conjunction with runoff
control measures to minimize pooling
and high-velocity flow patterns. Both
daily and intermediate covers promote
infiltration to some extent, depending
on depth and soil material.
When a landfill (or landfill unit) has
reached disposal capacity, a final cover
is applied. Final covers generally
provide a relatively impermeable cap
over which topsoil is placed and
vegetation is established. Permanent
runoff controls (diversion channels,
rccontouring, terracing, etc.) may be
constructed to minimize erosion and
ponding. Final cover materials in older
landfills, which are generally subject to
limited regulatory requirements, often
consist of a single layer of natural soils.
However, at newer landfills subject to
more stringent regulatory requirements,
other cover materials (polymers, sand
and gravel, sewage sludge, etc.) are
frequently combined with soil in
multiple layers.84
b. Industrial Landfills. Industrial
landfills only receive wastes from
industrial facilities such as factories,
processing plants, and manufacturing
sites. These facilities may also receive
hazardous wastes from very small
quantity hazardous waste generators
(loss than 100 kilograms per month), as
defined in RCRA Subtitle C. Included in
these waste streams are some PCB-
contaminated wastes. The Toxic
Substances Control Act PCB disposal
regulations allow limited categories of
PCB materials to be disposed of in
RCRA Subtitle D landfills.85 hi 1988,
EPA estimated that there were at least
3,511 industrial Subtitle D landfills (this
would presumably be the maximum
number of non-MSWLF facilities
regulated by the storm water program).
The specific number of these units that
arc onsite and offsite facilities (i.e.,
centralized waste management units)
was not available. Because wastes
generated by industrial facilities vary
considerably, both between and within
industries, the wastes disposed of at
industrial landfills can be highly
variable. For example, the industrial
nonhazardous waste category includes
wastes from the pulp and paper
industry, the organic chemical industry,
the textile manufacturing industry, and
a variety of other industries.
Consequently, these waste streams may
vary in chemical composition and/or
physical form. Most industrial landfills
are privately owned.86
Currently, there are limited data
.available on industrial landfills.
Specific industrial waste streams have
not been well characterized and little is
known about the hazards they may
pose. Limited data are also available
regarding the design, operation, and
location of these facilities. It has been
documented, however, that there has
been only sporadic application of design
and operating controls at industrial
landfills. In 1988, only about 12 percent
of industrial landfills (including both
onsite and offsite facilities) had any type
of liner, and fewer than. 35 percent
employed runon/runoff controls.87 The
use of these controls (including runon
and runoff controls) at industrial waste
landfills is likely to increase as State
industrial waste programs continue to
evolve.
c. Land Application Sites. In 1988,
EPA estimated that there were
approximately 5,605 land application
sites in the United States. These sites
receive wastes (primarily wastewaters
and sludges) from facilities in virtually
every major industrial category. More
than half of all land application sites
cover less than 50 acres and receive less
than 50 tons of waste annually. The
largest number of active land
application sites in 1988 were observed
in the food and kindred products
industry, however the pulp and paper
industry managed the largest gross
quantity of waste using this practice.
Similar to landfills, the variability in
types of waste that are land applied
precludes any general characterization
of the materials that may be exposed to
storm water. Typically, individual land
applications will only dispose of wastes
with specific characteristics. However,
the criteria for selection are site-specific
depending on type of process used and
the soil characteristics. Waste
application techniques are dependent
on waste characteristics.
In 1988, EPA found that 68.5 percent
of all industrial waste land application
units had runon and runoff controls. No
information was available on the extent
of closure requirements applicable to
land application units.
2. Potential Pollutant Sources and
Options for Controlling Pollutants at
Landfill and Land Application Sites
a. Landfills. At landfill sites, runoff
carrying suspended sediments and
commingling of runoff with
uncontrolled leachate are the two
primary sources of pollutants that this
section is intended to address. Other
potential sources of pollutants at
landfills, those from ancillary areas of
the landfill and which are not directly
associated with landfill activities (i.e.,
vehicle maintenance, truck washing,
etc.) may be subject to requirements in
other sections of today's permit.
Total Suspended Solids. Storm water
discharges from landfill sites often
contain high TSS levels because of the
extensive land disturbance activities
associated with landfill operations.
Suspended solids can adversely affect
fisheries by covering the bottom of a
stream or lake with a blanket of material
that destroys the fish food bottom fauna
or spawning grounds, hi addition, while
they remain in suspension, suspended
solids can increase turbidity, reduce
light penetration, and impair the
photosynthetic activity of aquatic
plants.88 Specific sources of TSS
loadings from landfill operations and
typical Best Management Practices
(BMPs) used to control TSS levels in
storm water runoff are shown in Table
L—1. The listed BMPs are consistent
with the BMPs identified in part 1 of the
permit applications submitted by
landfill group applicants.
*»"Roport 10 Congress: Solid Waste Disposal in
llio United Stales," Vol. H, Office of Solid Waste
and Emergency Responso, Oct. 1988.
"Ibid.
« Ibid.
^EPA. 1974 (October). "Development Document
for the Effluent Limitations Guidelines and New
Source Performance Standards for the Steam
Electric Power Point Source Category."
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50940 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE L-1.—SOURCES OF TSS LOADINGS AND TYPICAL BMPs USED FOR EROSION CONTROL AT LANDFILLS
Potential pollutant sources
BMPs
Erosion from:
Exposed soil from excavating cells/trenches.
Exposed stockpiles of cover materials.
Inactive cells with final cover but not yet finally
stabilized.
Daily or intermediate cover placed on cells or
trenches.
Erosion from haul roads (including vehicle
tracking of sediments).
Stabilize soils with temporary seeding, mulching, and geotextiles; leave vegetative filter strips
along streams.
Implement structural controls such as dikes, swales, silt fences, filter berms, sediment traps
and ponds, outlet protection, pipe slope drains, check dams, and terraces to convey runoff
to divert storm water flows away from areas susceptible to erosion, and to prevent sedi-
ments from entering water bodies.
Frequently inspect all stabilization and structural erosion control measures and perform all
necessary maintenance and repairs.
Stabilize haul roads and entrances to landfill with gravel or stone.
Construct vegetated swales along road,
Clean wheels and body of trucks or other equipment as necessary to minimize sediment track-
ing (but contain any wash waters [process wastewaters]).
Frequently inspect all stabilization and. structural erosion control measures and perform all
necessary maintenance and repairs.
(2) Other Pollutants. Table L-2 presents potential sources of other pollutants in storm water discharges from landfill
operations. The specific pollutants associated with each of these sources are highly variable, depending upon individual
site operations and waste types received. Table L-2 also lists BMPs that would be expected to be used in these areas
to minimize potential pollutant loadings. Several of these BMPs were identified in the group permit applications submitted
by landfill operators.
TABLE L-2.—SOURCES AND BMP CONTROLS OF POTENTIAL POLLUTANTS (OTHER THAN TSS)
Potential pollutant source
BMPs
Application of fertilizers, pesticides, and herbi-
cides.
Exposure of chemical material storage areas to
precipitation (including pesticides, fertilizers,
and herbicides).
Exposure of waste at open face
Waste tracking onsite and haul roads, solids
transport on wheels and exterior of trucks or
other equipment (common with incinerator
ash).
Uncontrolled leachate (commingling of leachate
with runoff or runon).
Observe all applicable Federal, State, and local regulations when using these products.
Strictly follow recommended application rates and methods (i.e., do not apply in excess of
vegetative requirements).
Have materials such as absorbent pads easily accessible to clean up spills
Provide' barriers such as dikes to contain spills.
Provide cover for outside storage areas.
Have materials such as absorbent pads easily accessible to clean up spills.
Minimize the area of exposed open face as much as is practicable.
Divert flows around open face using structural measures such as dikes, berms, swales and
pipe slope drains.
Frequently inspect erosion and sedimentation controls.
Clean wheels and exterior of trucks or other equipment as necessary to minimize waste track-
ing (but contain any wash waters [process wastewaters]).
Frequently inspect leachate collection system and landfill for leachate leaks.
Maintain landfill cover and vegetation.
Maintain leachate collection system.
Based on the similarities of the facilities included in this sector in terms of industrial activities and significant
materials, EPA believes it is appropriate to discuss the potential pollutants at landfills and land applications sites
8u a, W^? and n0t subdivide tisis sector- Therefore, Table L-3 lists data for selected parameters from facilities in
the landfill and land application sector. These data include the eight pollutants that all facilities were required to
monitor for under Form 2F, as well as any pollutants that EPA has determined may merit further monitoring.
TABLE L-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY LANDFILLS AND LAND APPLICATION SITES
SUBMITTING PART II SAMPLING DATA ! (mg/L)
Pollutant
Sample type
BOD5
COD
Nitrate + Nitrite Nitrogen .
Total Kjeldahl Nitrogen ...
Oil & Grease
pH
Total Phosphorus
Total Suspended Solids .
No. of facili-
ties
Grab
30
30
29
30
30
32
29
30
Comp"
28
28
27
28
N/A
N/A
27
27
No. of sam-
ples
Grab
52
52
51
52
54
59
51
52
Comp
50
49
48
49
N/A
N/A
48
48
Me
Grab
13.6
112.9
1.55
3.58
2.9
N/A
0.89
2922
:an
Comp
8.88
100.6
1.36
3.02
N/A
N/A
0.93
1812
Minimum
Grab
0.0
0.0
0.00
0.20
0.0
3.0
0.00
0
Comp
0.0
0.0
0.00
0.0
N/A
N/A
0.0
0
Maximum
Grab
140.0
1220.0
22.20
37.90
40.0
8.9
4.28
39900
Comp
78.0
1200.0
16.6
25.9
N/A
N/A
4.49
18220
Median
Grab
7.0
31.0
0.50
1.10
0.0
7.3
0.50
628
Comp
4.40
28.0
0.50
1.07
N/A
N/A
0.36
336
95th percent-
ile
Grab
39.8
340.7
4.07
10.90
12.3
9.3
3.92
19476
Comp
29.6
278.7
3.88
10.29
N/A
N/A
4.30
10933
99th percent-
jla
Grab
76.3
799.1
8.35
25.88
24.9
10.2
9.30
98449
Comp
54.5
587.5
8.14
24.6
N/A
N/A
11.46
49016
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /Notices
50941
TABLE L-3—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY LANDFILLS AND LAND APPLICATION SITES
SUBMITTING PART II SAMPLING DATA* (mg/L)—Continued
Pollutant
Sample type
Iron, Total
No. of facili-
tins
Grab
6
Comp11
6
No. of sam-
ples
Grab
8
Comp
8
, Mean
Grab
65.7
Comp
30.2
Minimum
Grab
0.0
Comp
0.2
Maximum
Grab
210.0
Comp
150.0
Mec
Grab
17.0
Jian
Comp
9.4
95th percent-
He
Grab
1736.4
Comp
244.8
99th percent-
He
Grab
17684
Comp
1105.9
tlvs a r .
porteaas non-detect or below detection limit were assumed to be 0.
"Composite samples.
b. Land Application Sites. At land
application sites, TSS may also be found
at elevated levels in storm water
discharges (because of the extensive soil
disturbance). The occurrence and levels
of other pollutants in storm water
discharges are dependent on the types
of wastes applied and facility design
and operation (including use of storm
water management/treatment practices.
No part 2 data for TSS or any other
polmtants were submitted for land
application sites nor was such data
available from other sources.
There are no Federal criteria for
industrial landfill or land application
unit design, operation, closure or post-
closure care. State programs that
address industrial landfills and land
application sites vary considerably. As
noted above, in 1988, only 35 percent of
all industrial landfills had runon/runoff
controls. However, many are subject to
closure requirements.
3. Pollutant Control Measures Required
by Other EPA Programs
EPA recognizes that requirements
under other Federal and State programs
currently address reclamation/closure of
and storm water management at landfill
and land application sites. In
developing requirements under this
section, the Agency has considered how
these other program requirements affect
tho characteristics of storm water
discharges (e.g., by limiting contact with
potential pollutant sources). Of specific
note are recently imposed RCRA criteria
at 40 CFR Parts 257 and 258 that
address the design, operation, and
closure of MSWLFs. These regulations
are summarized below.
Regulations at 40 CFR Part 257
classify solid waste disposal facilities
and practices. Regulations at 40 CFR
Part 258 establish criteria for municipal
solid waste landfills. The types of
criteria required include: location
restrictions, operating criteria, design
criteria, ground water monitoring and
corrective action, closure and
postclosure care, and financial
assurance criteria. All States must
implement the Federal MSWLF criteria
primarily through State solid waste
management plans.
As part of the operating criteria, Part
258 requires that all discrete units
within MSWLFs receiving waste
provide for the following by October
1993 (it should be noted that EPA has
proposed an extension of this deadline
to April 1994):
(a) Owners or operators of all MSWLF
units must design, construct, and
maintain:
(1) A runon control system to prevent
flow onto the active portion of the
landfill during the peak discharge from
a 25-year storm:
(2) A runoff control system from the
active portion of the landfill to collect
and control at least the water volume
resulting from a 24-hour, 25-year storm
event.
In addition, all MSWLF units that
received wastes after October 1991 are
required to meet specific closure
standards (see 40 CFR 258.60). These
standards include installation of a final
cover consisting of a minimum of 6
inches of topsoil over a minimum of 18
inches of clay. The cover must be no
more permeable than the unit's liner.
The criteria also imply, but do not
explicitly require, that revegetation
should be performed.
These criteria indicate that for all but
the most severe storm events (i.e.,
greater than the 24-hour, 25-year storm
event), new units within MSWLFs will
be required to separate storm water
discharges from active and inactive
areas. (Active areas are defined as those
that have not yet received a final cover
[as required under 258.60].) Further, the
closure/final cover criteria described
above are intended to prevent contact
with waste materials and minimize
erosion.
4. Storm Water Pollution Prevention
Plans Requirements
The requirements for storm water
pollution prevention plans under this
section build upon the requirements
included in the common pollution
prevention requirements discussed in
the front of this fact sheet. As such, the
following discussion focuses on the
plan requirements that are specific to
landfills and land application sites. The
rationale for the common requirements
applicable to all types of facilities
covered under today's permit (including
landfills) is provided in Part VI of this
fact sheet.
a. Description of Potential Pollutant
Sources. The first step in preventing
pollution of storm water from landfills
is to identify potential sources of storm
water contamination. Consequently,
EPA is requiring that landfill and land
application site operators include, in
their pollution prevention plan, a
narrative description of activities at
their facilities. The Agency is also
requiring landfill permittees to identify
on a site map the locations of active and
closed cells or trenches, any known
leachate springs or other areas where
leachate may commingle with runoff,
the locations of any leachate collection
and handling systems, and the locations
of stockpiles of landfill cover material.
The Agency is requiring land
application site permittees to identify
on their site maps the locations of active
and inactive land application areas and
the types of wastes applied in those
areas, any known leachate springs or
other areas where leachate may
commingle with runoff, the locations of
any leachate collection and handling
systems, and the locations of temporary
waste storage areas. EPA believes these
requirements will, in the event
contamination is detected in storm
water, facilitate the identification of any
source of contamination.
EPA is also requiring owners or
operators to summarize all available
sampling data for storm water and
leachate generated at the site because
the Agency believes these data will help
to determine whether storm water is
commingling with any leachate
produced at the site. Finally, operators
must identify any current NPDES-
permitted discharges at their sites.
b. Measures and Controls. EPA is
requiring good housekeeping practices
for materials storage areas exposed to
precipitation and for vehicle tracking of
sediment and waste. EPA believes good
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50942
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
housekeeping practices provide a
simple and inexpensive means of
controlling pollutants from entering
storm water and therefore will not be
overly burdensome to regulated
facilities. .
EPA believes that frequent and
thorough inspections are necessary to
ensure adequate functioning of:
sediment and erosion controls, leachate
collection systems, intermediate and
final covers, and significant materials
storage containers. Failure of any of the
aforementioned items could cause
contamination of storm water with
sediment, leachate, or significant
materials stored onsite. EPA believes it
is necessary to conduct inspections both
during storm events and during dry
weather. Inspections during dry periods
allow facilities to identify and address
any problems prior to a storm event,
thereby minimizing the chance for
storm water contamination. Inspections
during significant storm events ensure
that measures are functioning as
originally intended and provide an
opportunity for facilities to observe
what materials and/or activities are
exposed to storm water. Pollution
prevention plans must address the
specific inspection requirements for
active and inactive landfills and land
application sites described in Part
XI.L.3.a.(3).(d) of today's permit.
Failures of significant materials
storage containers, leachate collection
and treatment systems, cover materials,
and sedimentation and erosion controls
can result in storm water contamination.
EPA believes it is necessary to maintain
these items in good working order to
prevent storm water contamination.
Consequently, EPA is requiring (in
pollution prevention plans) that owners
or operators ensure the maintenance of
material storage areas to prevent leaking
or rupture and all elements of leachate
collection and treatment systems to
prevent commingling of leachate with ,
storm water.. Pollution prevention plans
must also describe measures to be taken
to protect the integrity and effectiveness
of any intermediate and final covers.
EPA believes controls are needed to
reduce potential TSS contamination.of
storm water and to reduce suspended
solids which have been carried by storm
water before the discharge leaves the
site. Therefore, EPA has chosen to
require that pollution prevention plans
address both stabilization and structural
controls to reduce potential TSS
loadings to surface waters.
5. Monitoring and Reporting .
Requirements
a. Analytical Monitoring ','
Requirements. This section establishes
separate requirements for municipal
solid waste landfills (MSWLFs) and
industrial landfills. These requirements
are discussed below.
(1) MSWLFs. The Agency believes that
the MSWLF criteria in 40 CFR 258.60
will effectively separate runoff from
active and inactive areas at newer
landfills. As a result, separate
requirements have been established for
active and inactive areas at MSWLF
sites.
For discharges from active landfill
areas, the Agency believes that there is
reasonable potential for runoff to
contact waste materials. In these areas,
runoff may also become commingled
with leachate. In fact, a significant
percentage of landfill facilities that
submitted group applications, identified
leachate and wastes as "exposed
, materials." In addition, total suspended
solids (TSS) levels are also likely to be
elevated where contact occurs with
wastes, disturbed areas, and daily/
intermediate cover materials.
At this time, the Agency does not
believe that there are sufficient data
available to establish numeric limits
based on best available technology for
storm water discharges from active
MSWLF areas. The data submitted in
the part 2 applications, as well as
leachate data from available literature,
suggest that a variety of constituents
may be present at levels that are highly
site-specific depending on the types and
extent of contact with exposed wastes
and extent of commingling with
leachate. Furthermore, the volumes of
runoff generated will be dependent on
the frequency and intensity of
precipitation events. For TSS, little or
no data are available to characterize the
TSS levels in active landfill area runoff
and to assess the performance of
treatment technologies/best
management practices currently in use.
Therefore, in this section, EPA is
requiring that landfill operators develop
storm water pollution prevention plans.
For active landfill areas, these plans
should be tailored toward minimizing
contact of storm water with waste
materials. The plans should also include
design and implementation of best
management practices and/or treatment
methods to control the pollutants likely
to be found in runoff at the site. For the
active portion of the landfill, this
section also requires quarterly
monitoring for TSS and total
recoverable iron (see below) to quantify
the performance of BMPs/treatment
measures. These data may be used in
the future in the development of
individual and/or general permits to "
establish numeric limitations based on
best available technology. It should also
be noted that EPA is currently in the
process of developing effluent limitation
guidelines for discharges of leachate
from waste management facilities
(including MSWLFs). Where these
effluent guidelines apply to discharges
from active areas, facilities will be
required to comply with these
requirements on the effective date.
For units/areas that ceased receiving
wastes after October 1991, EPA believes
that closure criteria under 40 CFR
258.60 will minimize or eliminate
pollutant loadings from waste materials
to storm water. For MSWLF units closed
in accordance with these criteria, TSS
should be the only pollutant of concern.
Again, EPA does not believe that
adequate data are currently available to
establish a numeric limitation based on
best available technology (BAT) for TSS
in storm water discharges from inactive
areas. TSS concentrations in untreated
storm water discharges have not been
sufficiently well characterized to
address the site-specific variability
arising from local geology and
topography along with individual cover
materials and reclamation practices.
Furthermore, the available data do not
support an assessment of the relative
performance of specific BMPs/treatment
measures. Quarterly TSS monitoring is
required to provide additional data to
evaluate the effectiveness of specific
control measures.
The Agency is uncertain whether all
MSWLF units which ceased receiving
wastes prior to October 1991 will have
been closed in such a manner to ensure
long term stability and minimize the
potential for runoff to contact wastes
and leachate. Therefore, operators of
units that were closed prior to October
1991 are required to conduct the same
monitoring as required for active areas.
This monitoring is intended to evaluate
the integrity and performance of final
cover materials in minimizing pollutant
loadings to storm water discharges. •
Based on the results of this monitoring,
the permitting authority may elect to
continue/modify or terminate the
"for
re
iquired monitoring, provide fi
additional permit conditions (including
specific BMPs and/or numeric
limitations), or terminate coverage
under the permit, as appropriate.
An exception from most monitoring
requirements is provided for older
landfill areas closed prior to October
1991 in accordance with State
requirements that meet or exceed the
final cover criteria in 40 CFR 258.60.
Similar to newer units, TSS should be
the only pollutant of concern at these
sites and only quarterly TSS monitoring
is required.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995
/ Notices
50943
(2) Industrial Landfills. As discussed
above, minimal data are available to
characterize storm water discharges or
management practices for industrial
solid waste landfills. EPA recognizes
that onsite landfills are likely to be
dedicated waste management units.
However, the 1988 Report to Congress
indicates that these onsite units can be
found at sites in virtually every major
industrial category. Offslte landfills can
receive industrial wastes from almost
any sources. Further, there are no
current or planned Federal minimum
requirements for runon/runoff control
and closure of these onsite and offsite
facilities. As a result, existing State
programs vary. Some States have
extensive permitting and design
standard requirements for industrial
landfills, often for specific waste types.
In contrast, other States have much.
more limited industrial solid waste
programs.
Because of the variability between
sites, the need for representative runoff
characterization data, and the lack of
information on BMP/treatment method
performance, this section does not
establish effluent limitations for storm
water discharges from industrial
landfills. At this time, best available
technology shall consist of development
and implementation of pollution
prevention plans. In addition, to ensure
protection of water quality, the Agency
has established monitoring
requirements based on the potential for
elevated TSS levels (due to erosion) and
the concern that runoff from industrial
landfills may contact waste materials
and/or leachate.
(3) Land Application Sites. This
section includes the same requirements
for land application sites as for
industrial landfills (as described above).
The Agency does not currently have
sufficient data to identify specific
pollutants common to land application
sites and develop numeric limitations.
Therefore, the Agency believes that
requiring implementation of pollution
prevention plans along with TSS and
Total Recoverable iron monitoring
requirements is appropriate.
In. summary, EPA believes that
landfill/land application sites may
reduce the level of pollutants in storm
water runoff from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. In order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan and to characterize the discharge
for potential environmental impacts, the
permit requires landfill/land application
sites to collect and analyze samples of
their storm water discharges for the
pollutants listed in Table L-5.
At a minimum, storm water
discharges from landfill/land
application sites must be monitored
quarterly during the second year of
permit coverage. At the end of the
• second year of permit coverage, a
facility must calculate the average
concentration for each parameter listed
in Table L-5. If the permittee collects
more than four samples in this period,
then they must calculate an average
concentration for each pollutant of
concern for all samples analyzed.
TABLE L-S.-HNDUSTRY MONITORING REQUIREMENTS
Pollutants of concern
Cut-off con-
centration
Total Suspended Solids (TSS) i
Total Recoverable Iron"
100 mg/L.
1.0 mg/L.
in accordance with 40 CFR 258.60 requirements.
If the average concentration for a parameter is less than or equal to the value listed in Table L-5, then the permittee
is not required to conduct quantitative analysis for that parameter during the fourth year of the permit If, however,
L avera|e^oncentration for a parameter is greater than the cut-off concentration listed in Table L-5, then the permittee
£ reqS to conduct quarterly monitoring for that parameter during the fourth year of permit coverage. Momtonng
is notieluired during tirie first; third, and fifth year of the permit. The exclusion from monitoring m the fourth year
of the ^3 is conditional on 'the facility maintaining industrial operations and BMPs that will ensure a quality
of storm water discharges consistent with the average concentrations recorded during the second year of the permit.
Tho schedule of monitoring is presented in Table L-6.
TABLE L-6.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage
4th Year of Permit Coverage
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table L-5, then quarterly sam-
pling is required during the fourth year of the permit.
• If average concentration is less than or equal to the value listed in Table L-5, then no tur-
ther sampling is required for that parameter. .
. Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Table L-5. ,
. If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
The monitoring cut off concentrations
listed in Table L-5 are hot numerical
effluent limitations. These values
represent a level of pollutant discharge
which facilities may achieve through
the implementation of pollution
prevention plans. At least half of the
facilities which submitted Part 2 data,
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50944
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
reported concentrations greater than or
equal to the values listed in Table L-5.
Facilities that achieve average discharge
concentrations which are less than or
equal to the values in Table L-5 are not
relieved from the pollution prevention
plan requirements or any other
requirements of the permit.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
monitoring reports described in (c)
below, 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,
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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (c) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
Such permittees must submit
monitoring results on signed Discharge
Monitoring Report Forms to the
Director. For each outfall,- one Discharge
Monitoring Reporting Form must be
submitted per storm event sampled. For
facilities conducting monitoring beyond
the minimum quarterly requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30"
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/. Quarterly Visual Examination of
Storm Water Quality. Landfills and land
application sites shall perform and
document a visual examination of a
storm water discharge associated with
industrial activity from each outfall,
except discharges exempted under
paragraph (3) below. The examination(s)
must be made at least once in each of
the following three-month periods:
January through March, April through
June, July through September, and
October through December. The
examination shall be made during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any.observed storm water
contamination.
(3) When a facility has two or more
outfalls that, based on a consideration of
industrial activity, significant materials,
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50945
and management practices and activities
within tho area drained by the outfall,
tho permittee reasonably believes
discharge substantially identical
effluents, the permittee may collect a
sample of effluent of one of such
outfalls and report that the observation
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of tho location of the outfalls and
explains 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
tho drainage are (in square feet) and an
estimate of the runoff coefficient of the
drainage area [o.g., low (under 40
percent), medium (40 to 65 percent), or
h!gh (above 65 percent)] shall be
provided in the plan.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
tho collection of samples include
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.).
(5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
oxorciso a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which, the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and effects on the
management practices that are included
in the plan.
M. Storm Water Discharges Associated
With Industrial Activity From
Automobile Salvage Yards
1. Industry Profile
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharges
associated with industrial activity."
This definition included point source
discharges of storm water from eleven
categories of facilities, including "* * *
battery reclaimers, salvage yards, and
automobile recyclers, including but
limited to those classified as Standard
Industrial Classification 5015.* * *"
This section establishes special
conditions for the storm water
discharges associated with industrial
activities at automobile salvage yards.
Washwaters from vehicle, equipment,
and parts cleaning areas are process
wastewaters. Discharges of process
wastewater and discharges subject to
process wastewater effluent limitation-
guidelines are not eligible for coverage
under this section.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
This section has been developed for
storm water discharges associated with
activities related to dismantling of used
motor vehicles for the purpose of selling
parts. As stated above, category (vi) of
the definition of storm water discharges
associated with industrial activity
includes facilities primarily engaged in
the wholesale or retail distribution of
used motor vehicle parts and classified
as SIC code 5015. Dismantlers are a
major source for replacement parts for
motor vehicles in service.
The following description
summarizes operations that might occur
at a typical automobile dismantling
facility. The primary activity involves
the dismantling or wrecking of used
motor vehicles. Some facilities,
however, perform vehicle maintenance
and may rebuild vehicles for resale.
Typically, automobile dismantling
facilities receive vehicles that are either
uneconomical to run or wrecks that are
uneconomical to repair. The nature of
operations generally depends on the
size and location of the facility. In urban
areas where land is more valuable,
vehicles are typically dismantled upon
arrival, parts are segregated, cleaned,
and stored. Remaining hulks are
generally sold to scrap dealers rather
than stored onsite due to limited space.
In more rural areas, discarded vehicles
are typically stored on the lot and parts
removed as necessary. Remaining hulks
are sold to scrap dealers less frequently.
Once a used vehicle is brought to the
site, fluids may be drained and the tires,
gas tank, radiator, engine and seats may
be removed. The dismantler may
separate and clean parts. Such cleaning
may include steam cleaning of the
engine and transmission as well as the
use of solvents to remove oil and grease
and other residues. Usable parts are
then inventoried and stored for resale.
The remaining car and/or truck bodies
are stored onsite for future sale of the
sheet metal and glass. Stripped vehicles
and parts that have no resale value are
typically crushed and sold to a steel
scrapper. Some operations may,
however, convert used vehicles and
parts into steel scrap as a secondary
operation. This is accomplished by
incineration, shearing (bale shearer),
shredding, or baling.
According to the 1987 census, 6,075
establishments reported SIC code 5015
as their primary SIC code, although
some estimates indicate that there may
be as many as 11,000 to 12,000 of these
facilities.89 Vehicle wreckers and
dismantlers are generally small,
privately owned businesses. Most
facilities employ 10 or fewer employees
and derive the majority of their profits
from the sale of usable parts: Only a
small percentage of this universe
consists of large establishments with
fleets of trucks, cranes, mobile balers
and computers to maintain inventories
of parts.ao
Table M-l below lists potential
pollutant sources from activities that
commonly take place at automobile
salvage yards.
89 "The Automobile Scrap Processing Industry,"
Howard Ness, P.E., 1984.
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50946
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE M-1 .—COMMON POLLUTANT SOURCES
Activity
Pollutant source
Pollutants
Vehicle Dismantling .
Used Parts Storage.
Outdoor Vehicle and Equipment Storage
Vehicle and Equipment Maintenance
Vehicle, Equipment, and Parts Washing Areas .
Liquid Storage in Above Ground Storage Tanks
Illicit Connection to Storm Sewer
Oil, anti-freeze, batteries, gasoline, diesel fuel,
hydraulic fluids.
Batteries, chrome bumpers, wheel balance
weights, tires, rims, filters, radiators, cata-
lytic converters, engine blocks, hub caps,
doors, drivelines, galvanized metals, muf-
flers.
Leaking engines, chipping/corroding bumpers,
chipping paint, galvanized metal.
Parts cleaning
Waste disposal of greasy rags, oil filters, air
filters, batteries, hydraulic fluids, trans-
mission fluids, radiator fluids, degreasers.
•Spills of oil, degreasers, hydraulic fluids,
transmission fluid, and radiator fluids.
Fluids replacement, including oil, hydraulic
fluids, transmission fluid, and radiator fluids.
Washing and steam cleaning waters
External corrosion and structural failure .
Installation problems
Spills and overfills due to operator error
Process wastewater.
Sanitary water.,
Floor drain
Vehicle washwaters
Radiator flushing wastewater
Leaking underground storage tanks
Oil and grease, ethylene glycol, heavy metals.
Sulfuric acid, galvanized metals, heavy met-
als, petroleum hydrocarbons, suspended
solids.
Oil and grease, arsenic, organics, heavy met-
als, TSS.
Chlorinated solvents, oil and grease, heavy
metals, acid/alkaline wastes.
Oil, heavy metals, chlorinated solvents, acid/
alkaline wastes oil, heavy metals,
chlorinated solvents, .acid/alkaline wastes,
ethylene glycol.
Oil, arsenic, heavy metals, organics,
chlorinated solvents, ethylene glycol
Oil,- arsenic, heavy metals, organics,
chlorinated solvents, ethylene glycol.
Oil and grease, detergents, heavy metals,
chlorinated solvents, phosphorus, salts,
suspended solids.
Fuel, oil and grease, heavy metals, materials
being stored.
Fuel, oil and grease, heavy metals, materials
being stored.
Fuel, oil and grease, heavy metals, materials
being stored.
Dependent on operations.
Bacteria, biochemical oxygen demand (BOD),
suspended solids.
Oil and grease, heavy metals, chlorinated sol-
vents, fuel, ethylene glycol.
Oil and grease, detergents, metals,
chlorinated solvents, phosphorus, sus-
pended solids.
Ethylene glycol.
Materials stored or previously stored.
Sources:
NPDES Storm Water Group Applications—Part 1. Received by EPA March 18, 1991 through December 31, 1992.
Alabama Department of Environmental Management. September 30, 1992. "Best Management Plan for Automobile Salvage Yards—Final Re-
port."
EPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention—The Automotive Refinishing Industry." EPA/625/7-
91/016.
EPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention—The Automotive Repair Industry." EPA/625/7-91/
013.
EPA, Office of Research and Development. May 1992. "Facilities Pollution Prevention Guide." EPA/600/R-92/088.
EPA, Office of WateK September 1992. "Storm Water Management for Industrial Activities—Developing Pollution
Management Practices." EPA 832-R-92-006.
Prevention Plans and Best
2. Pollutants in Storm Water Discharges
Associated With Automobile Salvage
Yards.
Impacts caused by storm water
discharges from automobile salvage
yards will vary. Several factors
influence to what extent operations at
the site can affect water quality. Such
factors include: geographic location;
hydrogeology; the types of industrial
activity occurring outside (e.g.,
dismantling, vehicle and parts storage,
or steam cleaning); the size of the
operation; and the type, duration, and
intensity of precipitation events. Each of
these, and other factors, will interact to
influence the quantity and quality of
storm water runoff. For example,
outdoor storage of leaking engine blocks
may be a significant source of pollutants
at some facilities, while dismantling
operations is the primary source at
others. In addition, sources of pollutants
other than storm water, such as illicit
connections,91 spills, and other
improperly dumped materials, may
increase the pollutant loading
discharged into waters of the United
States.
*l Illicit connections are contributions of
unpermitted non-storm water discharges to storm
sewers from any number of sources including
improper connections, dumping or spills from
industrial facilities, commercial establishments; or
residential dwellings. The probability of illicit ."-
connections at used motor vehicle parts facilities is
low yet it may be applicable at some operations.
EPA has identified the storm water
pollutants and sources resulting from
various automobile salvage yard
activities in Table M-1. Table M-1
identifies oil, heavy metals, acids, and
ethylene glycol as some of the
parameters of concern at automobile
salvage yards.
Based on the similarities of the
facilities included in this sector in terms
of industrial activities and significant
materials, EPA believes it is appropriate
to discuss the potential pollutants at
automobile salvage yards as a whole and
not subdivide this sector. Therefore,
Table M-2 lists data for selected ,
parameters from facilities in the
automobile salvage yards sector. These
data include the eight pollutants that all
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50947
facilities were required to monitor
tinder Form 2F, as well as the pollutants
that EPA determined merit further
monitoring.
TABLE M-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY AUTOMOBILE SALVAGE YARDS SUBMITTING PART
SAMPLING DATA' (mg/L)
Pollutant
Sample type
BODj
COD
Nitrate* Nitrite Nitrogen ....
Total Klektaht Nitrogen
OH & Grease
pH
Tola! Phosphorus
Total Suspended Solids ....
Aluminum, Total
Iron, Total
Lead, Total
No. of facili-
ties
Grab
45
65
45
37
41
67
39
47
37
37
22
Comp"
59
43
58
51
N/A
N/A
54
60
34
34
22
No. of sam-
ples
Grab
58
83
58
50
58
87
52
60
37
37
24
Comp
74
54
73
68
N/A
N/A
66
76
34
34
22
Mean
Grab
15.9
123.8
1.02
3.19
7.0
:N/A
0.76
,552
13.38
19.1
0.340
Comp
12.37
73.52
2.38
2.20
N/A
N/A
1.22
524.9
9.14
11.2
0.200
Minimum
Grab
2.0
0.0
0.00
0.04
0.0
3.1
0.00
0
0.30
0.9
0.100
Comp
0.0
11.0
0.0
0.04
N/A
N/A
0.00
1.0
0.40
0.7
0.100
Maximum
Grab
216.0
1660.0
6.50
18.0
84.0
9.1
11.20
4200
88.00
95.0
1.400
Comp
,84.0
215.0
69.3
011.0
N/A
N/A
45.0
8565
45.20
54.0
0.600
Median
Grab
7.0
62.0
0.60
2.00
3.0
7.3
0.15
196
8.50
10.7
0.21
Comp
6.0
54.5
0.67
1.68
N/A
N/A
0.11
166.00
5.95
7.5
0.10
95th percent-
He
Grab
42.3
365.2
3.23
10.22
26.8
9.0
2.61
2473
61.05
82.3
0.884
Comp
38.62
177.2
6.96
6.01
N/A
N/A
2.49
2462.6
36.47
43.9
0.467
99th percentile
Grab
82.5
722.3
6.52
19.48
60.5
9.9
7.70
6951
158.90
212.2
1.512
Comp
77.33
279.3
17.0
10.2
N/A
N/A
7.79
7999.9
81.08
98.6
0.731
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values re-
ported as non-doted or below detection limit were assumed to be 0.
"Composite samples.
3. Options for Controlling Pollutants
In evaluating options for controlling
pollutants in storm water discharges,
EPA must achieve compliance with the
technology-based standards of the Clean
Water Act [Best Available Technology
(BAT) and Best Conventional
Technology (BCT)]. The Agency does
not believe that it js appropriate to
establish specific numeric effluent
limitations or a specific design or
performance standard in this section for
storm water discharges associated with
industrial activity from automobile
salvage yard operations to meet the
B AT/BCT standards of the Clean Water
Act. Because of the diversity of
operations at automobile salvage yards
and the lack of sufficient storm water
water quality data currently available to
EPA, establishing numeric effluent
limitations is not feasible at this time.
Rather, this section establishes
requirements for the development and
implementation of a site-specific storm
water pollution prevention plan
consisting of a set of Best Management
Practices that are sufficiently flexible to
address different sources of pollutants at
different sites.
Best Management Practices (BMPs)
are implemented to prevent and/or
eliminate pollutants in storm water
discharges. EPA believes the most
effective BMPs for reducing pollutants
in storm water discharges from
automobile salvage yards is through
exposure minimization practices.
Exposure minimization practices
minimize the potential for storm water
to come in contact with pollutants.
These BMP methods are generally
uncomplicated and inexpensive
practices. They are easy to implement,
and require little or no maintenance. In
some instances, more resources-.
intensive BMPs, including detention
ponds or filtering devices, may be
necessary depending on the type of
discharge, types and concentrations of
contaminants, and volume of flow.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location,
hydrogeology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. EPA believes that
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
automobile salvage yards.
Part 1 group application data indicate
that BMPs have not been widely
implemented at the representative
sampling facilities. Less than 5 percent
of the sampling subgroup list indoor
storage as a material management
practice. Less than 8 percent of the
representative sampling facilities use
covering at their storage areas. Less than
3 percent of the representative facilities
utilize waste minimization practices.
The most commonly listed
(approximately 20 percent) material
management practice is draining fluids
from vehicles prior to storage. Because
BMPs described in part 1 data are
limited, Table M-3 is provided to
identify BMPs associated with activities
that may be employed at automobile
salvage yards;
TABLE M-3.—STORM WATER BMPs FOR AUTOMOBILE SALVAGE YARDS
Activity
BMPs
Dismantling and vehicle maintenance ,
Drain all fluids from vehicles upon arrival at the site. Segregate the fluids and properly store or
dispose of them.
Maintain an organized inventory of materials used in the maintenance shop.
Keep waste streams separate (e.g., waste oil and mineral spirits). Nonhazardous substances
that are contaminated with a hazardous substance is considered a hazardous substance.
Recycle anti-freeze, gasoline, used oil, mineral spirits, and solvents.
Dispose of greasy rags, oil filters, air filters, batteries, spent coolant, and degreasers properly.
Label and track the recycling of waste material (e.g., used oil, spent solvents, batteries).
Drain oil filters before disposal or recycling.
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TABLE M-3.—STORM WATER BMPs FOR AUTOMOBILE SALVAGE YARDS—Continued
Activity
BMPs
Outdoor vehicle, equipment, and parts storage
Vehicle, equipment and parts washing areas ...:
Liquid storage in above ground containers
Improper connection with storm sewers
Store cracked batteries in a nonleaking secondary container.
Promptly transfer used fluids to the proper container. Do not leave full drip pans or other open
containers around the shop. Empty and clean drip pans and containers.
Do not pour liquid waste down floor drains, sinks, or outdoor storm drain inlets.
Plug floor drains that are connected to the storm or sanitary sewer. If necessary, install a
sump that is pumped regularly.
Inspect the maintenance area regularly for proper implementation of control measures.
Filtering storm water discharges with devices such as oil-water separators.
Train employees on proper waste control and disposal procedures.
Use drip pans under all vehicles and equipment waiting for maintenance and during mainte-
nance.
Store batteries on impervious surfaces. Curb, dike or berm this area.
Confine storage of parts, equipment and vehicles to designated areas.
Cover all storage areas with a permanent cover (e.g., roofs) or temporary cover (e.g., canvas
tarps).
Install curbing, berms or dikes around storage areas.
Inspect the storage yard for filling drip pans and other problems regularly.
Train employees on procedures for storage and inspection items.
Avoid washing parts or equipment outside.
Use phosphate-free biodegradable detergents.
Consider using detergent-based or water-based cleaning systems in place of organic solvent
degreasers.
Designate an area for cleaning activities.
Contain steam cleaning washwaters or discharge under an applicable NPDES permit.
Ensure that washwaters drain well.
Inspect cleaning area regularly.
Install curbing, berms or dikes around cleaning areas.
Train employees on proper washing procedures.
Maintain good integrity of all storage containers.
Install safeguards (such as diking or berming) against accidental releases at the storage area.
Inspect storage tanks to detect potential leaks and perform preventive maintenance.
Inspect piping systems (pipes, pumps, flanges, couplings, hoses, and valves) for failures or
leaks.
Train employees on proper filling and transfer procedures.
Plug all floor drains if it is unknown whether the connection is to storm sewer or sanitary
sewer systems. Alternatively, install a sump that is pumped regularly.
Perform dye testing to determine if interconnections exist between sanitary water system and
storm sewer system.
Update facility schematics to accurately reflect all plumbing connections.
Install a safeguard against vehicle washwaters and parts cleaning waters entering the storm
sewer unless permitted.
Maintain and inspect the integrity of all underground storage tanks; replace when necessary.
Train employees on proper disposal practices for all materials.
Sources: NPDES Storm Water Group Applications—Part 1. Received by EPA March 18, 1991 through December 31,1992.
EPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention—The Automotive Refinishing Industry." EPA/625/7-
91/0. •
fPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention—The Automotive Repair Industry." EPA/625/7-91/
013. • • -
EPA, Office of Research and Development. May 1992. "Facility Pollution Prevention Guide." EPA/600/R-92/088.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities—Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-006.
Minnesota Technical Assistance Program. September 1988. "Waste minimization—Auto Salvage Yards."
4. Pollutant Control Measures Required
Through. Other EPA Programs
Because hazardous substance
including oil, gasoline, and lead are
commonly found at automobile salvage
yards, such facilities may be subject to
other State or Federal environmental
protection programs. In particular, as
described below, the Resource
Conservation and Recovery Act (RCRA)
and the Underground Storage Tank
(UST) programs require careful ; :
management of. materials used onsite
which decreases the probability that
storm water from such areas will be
contaminated by these materials.
Under the RCRA program, on
September 10,1992, EPA promulgated
standards in 40 CFR Part 279 for the
management of used oils that are
recycled (57 FR 41566). These standards
include requirements for used oil
generators, transporters, processors/re-
refiners, and burners. The standards for
used oil generators apply to all
generators, regardless of the amount of
. used oil they generate. Do-it-yourself
(DIY) generators which generate used oil
from the maintenance of their personal,
vehicles, however, are not subject to the
management standards in 40 CFR
279.20(a)(l)).
The requirements for used oil
generators were designed to impose a
minimal burden on generators while
protecting human health and the
environment from the risks associated
with managing used oil. Under Subpart
C of 40 CFR Part 279, used oil
generators must not store used oil in
units other than tanks, containers, or
units subject to regulation under 40 CFR
Parts 264/265 (Section 279.22(a)). In
other words, generators may store used
oil in tanks or containers that are not
subject to Subpart J (hazardous waste
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50949
tanks) or Subpart I (containers) of 40
CFR Parts 264/265, as long as such tanks
or containers are maintained in
compliance with the used oil
management standards. This does not
preclude generators from storing used
oil in Subpart J tanks or Subpart I
containers or other units, such as
surface impoundments (Subpart K), that
are subject to regulation under 40 CFR
Part 264 or 265.
Storage units at generator facilities
must bo maintained in good condition
and labeled with the words "used oil."
Upon detection of a release of used oil
to the environment, a generator must
take steps to stop the release, contain
the released used oil, and properly
manage the released used oil and other
materials [40 CFR 279.22 (b) to (d)].
Generators storing used oil in
underground storage tanks are subject to
the UST regulations in 40 CFR Part 280.
If used oil generators ship used oil
offsito for recycling, they must use a
transporter who has notified EPA and
obtained an EPA identification number
[40 CFR 279.24].
The technical standards for USTs at
40 CFR Part 280 require that new UST
systems (defined as systems for which
installation commenced after December
12,1988) use overfill prevention
equipment that will: 1} automatically
shut off flow into the tank when the
tank is no more than 95 percent full; or
2) alert the transfer operator when the
tank is no more than 90 percent full by
restricting the flow into the tank or
triggering a high level alarm. The
preceding requirements do not apply to
systems mat are filled by transfers of no
more than 25 gallons at one time.
Existing UST systems (defined as
systems for which installation has
commenced on or before December 12,
1988) are required to have installed the
described overfill prevention equipment
by December 12,1998.
5. Storm Water Pollution Prevention
Plan Requirements
EPA believes that pollution
prevention is the most effective
approach for controlling contaminated
storm water discharges from automobile
salvage yards. Pollution prevention
plans allow the operator of a facility to
select BMPs based on site-specific
considerations such as: facility size;
climate; geographic location; geology/
hydrology; the environmental setting of
each facility; and volume and type of
discharge generated. This flexibility is
necessary because each facility will be
unique in that the source, type, and
volume of contaminated surface water
discharges will differ from site to site.
Under today's general permit, all
facilities must prepare and implement a
storm water pollution prevention plan.
The establishment of a pollution
prevention plan requirement reflects
EPA's decision to allow operators of
automobile salvage yards to utilize
BMPs as the BAT/BCT level of control
for the storm water discharges covered
by this section. The requirements
included in pollution prevention plans
provide a flexible framework for the
development and implementation of site
specific controls to minimize pollutants
in storm water discharges. This
approach and associated deadlines are
consistent with EPA's storm water
general permits finalized on September
9,1992 and September 25,1992 for
discharges in nonauthorized NPDES
States (57 FR 41236).
There are two major objectives to a
pollution prevention plan: 1) to identify
sources of pollution potentially affecting
the quality of storm water discharges
associated with, industrial activity from
a facility; and 2) to describe and ensure
implementation of practices to
minimize and control pollutants in
storm water discharges associated with
industrial activity from a facility.
Specific requirements for a pollution
prevention plan for automobile salvage
yards are described below. These
requirements must be implemented in
addition to the baseline pollution
prevention plan provisions discussed
previously.
a. Contents of the Plan. Storm water
pollution prevention plans are intended
to aid operators of automobile salvage
yards to evaluate all potential pollution
sources at a site, and assist in the
selection and implementation of
appropriate measures designed to
prevent,' or control, the discharge of
pollutants in storm water runoff. EPA
has developed guidance entitled "Storm
Water Management for Industrial
Activities: Developing Pollution
Prevention Plans and Best Management
Practices," EPA, 1992, (EPA 832-R-92-
006) to assist permittees in developing
and implementing pollution prevention
measures.
(1) Description of Potential Pollution
Sources. There are no requirements
beyond those described in Part VI.C.2 of
this fact sheet.
(2) Measures and Controls. Following
completion of the source identification
and assessment phase, the permittee
must evaluate, select, and describe the
pollution prevention measures, best
management practices (BMPs), and
other controls that will be implemented
at the facility. For the following areas at
the site, the permittee must assess the
applicability of the corresponding
BMPs:
Vehicle Dismantling and Maintenance
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from all areas used for vehicle
dismantling and maintenance. The
facility must consider draining and
segregating all fluids from vehicles upon
arrival at the site, or as soon as feasible
thereafter. The facility must consider
performing all maintenance activities
indoors, maintaining an organized
inventory of materials used in the shop,
draining all parts fluids prior to
disposal, prohibiting the practice of
hosing down the shop floor, using dry
cleanup methods, and/or collecting the
storm water runoff from the
maintenance area and providing
treatment. Where dismantling and
maintenance activities can not take
place indoors, facilities may consider
methods for containing oil or other fluid
spillage during parts removal. Drip
pans, large plastic sheets, or canvas may
be considered for placement under
vehicles or equipment during
maintenance and dismantling activities.
Where drip pans are used, they should
not be left unattended to prevent
accidental spills.
Vehicle, Parts, and Equipment
Storage Areas—The storage of vehicles,
parts, and equipment must be confined
to designated areas (delineated on the
site map). The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from these areas. The facility must
consider the use of drip pans, large
sheets of plastic, canvas (or equivalent
measures) under vehicles, parts, and
equipment. Canvas or sheets of plastic
may be used as temporary coverage of
storage areas. Indoor storage of vehicles,
parts and equipment, as well as the
installation of roofs, curbing, berming
and diking of these areas must be
considered. Large plastic or metal bins
with secure lids should be used to store
oily parts (e.g., small engine parts). Used
batteries should be stored within
nonleaking secondary containment or
by other equivalent means to prevent
leaks of acid into storm water
discharges.
Material Storage Areas—As part of a
good housekeeping program, consider
labeling storage units of all materials
(e.g., used oil, used oil filters, spent
solvents, paint wastes, radiator fluids,
transmission fluids, hydraulic fluids).
Maintain such containers and units in
good condition, so as to prevent
contamination of storm water. The plan
must describe measures that prevent or
minimize contamination of the storm
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water runoff from such storage areas.
The facility may consider indoor storage
of the materials and/or installation of
berming and diking of the area.
Vehicle, Equipment, and Parts
Cleaning Areas—The plan must
describe measures that prevent or
minimize contamination of storm water
from all areas used for vehicle,
equipment, and parts cleaning. The
facility must consider performing all
cleaning operations indoors. In
addition, die facility must consider
covering or benning the cleaning
operation area. Washwaters from
vehicle, equipment, and parts cleaning
areas are process wastewaters that are
not authorized discharges under this
section.
These four areas are sources of
pollutants in storm water from
automobile salvage yards. EPA believes
that the incorporation of BMPs such as
those suggested, in conjunction with a
pollution prevention plan, will
substantially reduce the potential of
storm water contamination from these
areas. In addition, EPA believes that
these requirements continue to provide
the necessary flexibility to address the
variable risk for pollutants in storm
water discharges associated with
different facilities.
(a) Preventive Maintenance—
Permittees are required to develop a
preventive maintenance program that
includes regular inspections and
maintenance of storm water BMPs. The
purpose of the inspections, which may
coincide with the inspections required
in (b) below, is to check on the
effectiveness of the storm water
pollution prevention plan. The
inspections allow facility personnel to
monitor the success or failure of
elements of the plan on a regular basis.
The use of an inspection checklist
should be considered. The checklist will
ensure that all required areas are
inspected, as well as help to meet the
recordkeeping requirements. In addition
to regular inspections, employees
identifying potential problems during
then- daily activities, such as leaks or
spills, shall take appropriate measures
to address these problems as soon as
feasible.
(b) Inspections—This section requires
that in addition to the comprehensive
site evaluation required under Part
XI.M.S.a. of today's permit, qualified
facility personnel shall be identified to
inspect: upon arrival, or as soon as
feasible thereafter, all vehicles for leaks;
any equipment containing oily parts,
hydraulic fluids, or any other fluids, at
least quarterly for leaks; and any
outdoor storage containers for liquids,
including, but not limited to, brake
fluid, transmission fluid, radiator water,
and anti-freeze, at least quarterly for
leaks.
In addition, qualified facility ,
personnel are required to conduct, at a
minimum, quarterly visual inspections
of BMPs. The inspections shall include:
(1) an assessment of the integrity of any •
flow diversion or source minimization
systems; and (2) visual inspections of
dismantling areas; outdoor vehicle,
equipment, and parts storage area;
vehicle and equipment maintenance
areas; vehicle, equipment, and parts
washing areas; and liquid storage in
above ground containers. A set of
tracking or follow-up procedures shall
be used to ensure that appropriate , ,
actions are taken in response to the
inspections.
The quarterly inspections must be
made at least once in each of the
following designated periods during
daylight hours: January through March
(storm water runoff or snow melt); April
through June (storm water runoff); July
through September (storm water runoff);
October through December (storm water
runoff). Records of inspections shall be
maintained as part of the plan.
(c) Employee Training—Permittees are
required to include a schedule for
conducting training in the plan. EPA
recommends that facilities conduct
training annually at a minimum.
However, more frequent training may be
necessary at facilities with high
turnover of employees or where
employee participation is essential to
the storm water pollution prevention
plan. Employee training must, at a
minimum, address the following areas
when applicable to a facility: used oil
management; spill prevention and
response; good housekeeping practices;
used battery management; and proper
handling (i.e., collection, storage, and
disposal) of all fluids. This training
should serve as: (1) training for new
employees; (2) a refresher course for
existing employees; and (3) training for
all employees on any storm water
pollution prevention techniques
recently incorporated into the plan,
where appropriate, contractor personnel
also must be trained in relevant aspects
of storm water pollution prevention.
(d) Recordkeeping analnternal,
Reporting—Permittees must describe
procedures for developing and retaining
records on the status and effectiveness
of plan implementation. The plan must
address spills, monitoring, and BMP
inspection and maintenance activities.
Ineffective BMPs must be reported and
the date of their corrective action noted.
(e) Storm Water Management—The
permittee must evaluate the
appropriateness of each storm water
BMP that diverts, infiltrates, reuses, or
otherwise reduces the discharge of
contaminated storm water. In addition,
the permittee must describe the storm
water pollutant source area or activity
(i.e., loading and unloading operations,
raw material storage piles etc.) to be
controlled by each storm water
management practice.
(3) Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluations that qualified personnel will
conduct to: (1) confirm the accuracy of
the description of potential pollution
sources contained in the plan; (2)
determine the effectiveness of the plan;
and (3) assess compliance with the
terms and conditions of this section.
Comprehensive site compliance
evaluations should be conducted at least
once a year for automobile salvage
yards. These evaluations are intended to
be more in depth than the quarterly
visual inspections. The individual or
individuals who will conduct the
evaluations must be identified in the
plan and should be members of the
pollution prevention team. Evaluation
reports must be retained for at least 3
years after the date of the evaluation.
Based on the results of each
evaluation, the description of potential
pollution sources, and measures and
controls, the plan must be revised as
appropriate within 2 weeks after each :
evaluation. Changes in the measures
and controls must be implemented on
the site in a timely manner, and never
more than 12 weeks after completion of
the evaluation. ,
6. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that
automobile salvage yards may reduce
the level of pollutants in storm water
runoff from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit, hi order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan and to characterize the discharge
for potential environmental impacts, the
permit requires automobile yards to
collect and analyze samples of their
storm water discharges for the
pollutants listed in Table M-4. The
pollutants listed in Table M-4 were
found to be above benchmark levels for
a significant portion of sampling
facilities that submitted quantitative
data in the group application process.
EPA is requiring monitoring for these
pollutants after the pollution prevention
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50951
plan has been implemented to assess the
effectiveness of the pollution prevention
plan and to help ensure that a reduction
of pollutants is realized.
At a minimum, storm water
discharges from automobile salvage
yards must be monitored quarterly
during the second year of permit
coverage, unless the facility exercises
the Alternative Certification in Section
VI.E.3 of this fact sheet. At the end of
the second year of permit coverage, a
facility must calculate the average
concentration for each parameter listed
in Table M-4. If the permittee collects
more than four samples in this period,
then they must calculate an average
concentration for each pollutant of
concern for all samples analyzed.
TABLE M-4.—INDUSTRY MONITORING REQUIREMENTS
Pollutants of concern
Cut-off con-
centration
1 00 mg/L.
0.75 mg/L.
1.0 mg/L.
0.081 6 mg/L.
If the average concentration for a parameter is less than or equal to the value listed in Table M-4, then the permittee
is not required to conduct quantitative analysis for that parameter during the fourth year of the permit. If, however,
the average concentration for a parameter is greater than the cut-off concentration listed in Table M-4, then the permittee
is required to conduct quarterly monitoring for that parameter during the fourth year of permit coverage. Monitoring
Is not required during the first, third, and fifth year of the permit. The exclusion from monitoring in the fourth year
of tho permit is conditional on the facility maintaining industrial operations and BMPs that will ensure a quality
of storm water discharges consistent with the average concentrations recorded during the second year of the permit.
Tho schedule of monitoring is presented in Table M-5.
TABLE M-5.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage
4th Year of Permit Coverage
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table M-4, then quarterly sam-
pling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table M-4, then no fur-
ther sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Table M-4.
If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
tho cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
tho effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
oxerdsQ a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
certification described below is
necessary to ensure that monitoring
requirements are only imposed on those
facilities that do, in fact, have storm
water discharges containing pollutants
at concentrations of concern. EPA has
determined that if materials and
activities are not exposed to storm water
at the site, then the potential for
pollutants to contaminate storm water
discharges does not warrant monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis, in lieu of
sampling described under Part
VHI.M.e.a of this factsheet, under
penalty of law, signed in accordance
with Part VH.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,
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 lieu of
monitoring reports. The permittee is
required to complete any and all
sampling until the exposure is
eliminated. If the facility is reporting for
a partial year, the permittee must
specify the date exposure was
eliminated. If the permittee is certifying
that a pollutant was present for part of
the reporting period, nothing relieves
the permittee from the responsibility to
sample that parameter up until the
exposure was eliminated and it was
determined that no significant materials
remained. This certification is not to be
confused with the low concentration
sampling waiver. The test for the
application of this certification is
whether the pollutant is exposed, or can
reasonably be expected to be present in
the storm water discharge. If the facility
does not and has not used a parameter,
or if exposure is eliminated and no
significant materials remain, then the
facility can exercise this certification.
The Agency does not expect that
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50952 Federal Register / Vol. 60,, No. 189 / Friday, September 29, 1995 / Notices
facilities will be able to use the
alternative certification for indicator
parameters such as TSS and BOD. This
certification option is not applicable to
compliance monitoring requirements
associated with effluent limitations.
EPA does not expect facilities to be able
to exercise this certification for
indicator parameters, such as TSS and
BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report Form must be
submitted per storm event sampled. For
facilities conducting monitoring beyond
the minimum requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 72-hour storm event interval
is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/. Quarterly Visual Examination of
Storm Water Quality. All automobile
salvage yard facilities are required to
conduct quarterly visual examinations
of storm water discharges from each '
outfall. The examination of storm water
grab samples shall include any
observations of color, odor, clarity,
floating solids, settled solids, suspended
solids, foam, oil sheen, or other obvious
indicators of storm water pollution. The
examination must be conducted in a
well lit area. No analytical tests are
required to be performed on these
samples. The examinations must be of a
grab sample collected from each storm
water outfall.
The examination must be made at
least once in each of the following three-
month periods: January through March,
April through June, July through
September, and October through
December. The examinations shall be
made during daylight unless there is
insufficient rainfall or snow-melt to
runoff. Whenever practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 1 hour) of when the runoff
begins discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason .
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
N. Storm Water Discharges Associated
With Industrial Activity From Scrap
Recycling and Waste Recycling
Facilities
1. Industry Profile
Specific requirements have been
established for those facilities that are
engaged in the processing, reclaiming
and wholesale distribution of scrap and
recyclable waste materials. As
background, the storm water regulations
define 11 categories of storm water
discharges associated with industrial
activity in 40 CFR 122.26(b)(14).
Category (vi) includes facilities that are
engaged in the recycling of materials,
including metal scrapyards, battery
reclaimers, and salvage yards, including
but limited to those classified Standard
Industrial Classification (SIC) 5093. For
purposes of this section, special
conditions have been included for those
facilities engaged in the reclaiming and
retail/wholesale distribution of used
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Federal Register 7 Vol. 60, No. 189 / Friday, .September 29, 1995 / Notices
50953
motor vehicle parts identified as SIC
5015 in Part XI.M.
SIC 5093 includes establishments
engaged in assembling, breaking up,
sorting and the wholesale distribution of
scrap and recyclable waste materials
including bag, bottle and box wastes, fur
cuttings, iron and steel scrap, metal and
nonforrous metal scrap, oil, plastics,
rags, rubber, textiles, waste paper,
aluminum and tin cans, and rag wastes.
For purposes of this permit, the term
waste recycling facility applies to those
facilities that receive a mixed
wastestream of non-recyclable and
recyclable wastes. The term recycling
facility applies to those facilities that
receive only source-separated recyclable
materials primarily from non-industrial
and residential sources. For purposes of
this permit the term recycling facility
also applies to those facilities
commonly identified as material
recovery facilities (MRF).
Part XI.N of the permit is segregated
into three separate classes of recycling
facilities: (1) scrap recycling and waste
recycling facilities (non-liquid
recyclable wastes); (2) liquid recyclable
waste facilities; and (3) recycling
facilities. Each of these three classes of
recycling facilities have separate
pollution prevention plan and
monitoring requirements. EPA further
clarifies that battery reclaimers engaged
in the breaking up of used lead-acid
batteries are not eligible for coverage
under this permit. Facilities that
participated in U.S. Environmental
Protection Agency (EPA) Group Permit
Applications 195, 274,467, 596, 647
(except facUities identified as SIC 4212),
826,1035,1145 and 1204 are eligible for
coverage under this section.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another scction(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan soction(s) of this permit (if any) are
applicable to the facility.
2. Pollutants Found in Storm Water
Discharges
This fact sheet is organized into three
major subsections: scrap and waste
recycling facilities (nonliquid wastes);
industrial activities engaged in
reclaiming and recycling liquid wastes,
e.g., used oils, solvents, mineral spirits
and antifreeze; and recycling facilities
(including material recovery facilities)
that receive only source-separated
recyclable materials primarily from non-
industrial and residential sources
including waste paper, newspaper, glass
bottles, plastic containers, aluminum
and tin cans, and cardboard. Industrial
operations and BMPs associated with
these three groups are dissimilar enough
to warrant establishing separate permit
conditions for each group. Therefore,
conditions for each of these three groups
are identified separately.
a. Scrap and Waste Recycling
Facilities (SIC 5093) (nonliquid
recyclable wastes). The scrap recycling
and waste recycling industry reclaims,
processes and provides wholesale
distribution of a diversity of materials
and products. Typical recyclable
materials include ferrous and
nonferrous metals, paper, cardboard,
animal hides, glass and plastic. Inbound
recyclable materials are processed
onsite in order to achieve a uniform
grade product that meets a particular
manufacturer's specifications. A
significant inventory of processing
equipment is frequently required to
process recyclable waste material into a
uniform grade. Processing equipment
typically employ enormous physical
forces such as shearing, shredding, and
compacting in the process of eventually
achieving a desired uniform grade
product.
Individual scrap and waste recycling
facilities may process one or more types
of recyclable materials at a single site.
Depending on the requirements of a
manufacturer, recyclable waste
materials, e.g., paper and cardboard,
may need to be stored under cover to
prevent deterioration. The bulk size of
the recyclable waste materials and the
processing equipment associated with
these facilities frequently necessitates
stockpiling materials and equipment
outdoors. Consequently, there is
significant opportunity for exposure of
storm water runoff to pollutants. The
extent of material potentially exposed to
storm water runoff is illustrated in the
following table based on information ,
provided from one group application
consisting of approximately 1,100
members.
TABLE N-1 .—PERCENTAGE OF APPLI-
CANTS IN ONE GROUP APPLICATION
THAT PROVIDE COVER OVER MATE-
RIALS OR PROCESSES
. Material/processes
Ferrous Materials
Nonferrous Materials
Glass/plastic/paper
Other Materials
Material Processing Equipment
Percent of
applicants
6.6
53
14
1 7
43
There are at least four types of
activities that are common to most scrap
and waste recycling facilities, they
include: scrap waste material
stockpiling, material processing,
segregating processed materials into
uniform grades, and collecting
nonrecyclable materials for disposal.
This fact sheet outlines pollutants of
concern associated with each of these
types of activities. Other operations of
concern, including vehicle and
equipment maintenance, are also
discussed in this fact sheet.
(1) Pollutants Associated With
Material Stockpiling. During material
stockpiling, including unloading and
loading areas, the potential exists for
some types of inbound recyclable
materials to deposit residual fluids on
the ground. Used automotive engines,
radiators, brake fluid reservoirs,
transmission housings, and lead-acid
from batteries may contain residual
fluids that, if not properly managed, can
eventually come in contact with storni
water runoff. For example, sampling
data from two group applications
indicated the presence of oil and grease
in 103 individual grab samples. In
response to other Federal and State
environmental regulations, such as the
Resource Conservation and Recovery
Act (RCRA), many scrapjrecycling and
waste recycling facilities*have instituted
inspection and supplier education
programs to minimize or eliminate the
amount of inbound recyclable materials
containing fluids and other potentially
hazardous materials prior to their
acceptance. Part XI.N.3.a.(3)(a)(i) of
today's permit imposes conditions that
will make an inbound recyclable
materials inspection program part of the
pollution prevention plan.
Another concern of outdoor
stockpiling, including unloading and
loading areas, is associated with
deterioration of materials. Metal
surfaces that are stockpiled for extended
periods may be subject to corrosion.
Corrosion is the deterioration of metal
surfaces that typically results in the loss
of metal to a solution, i.e., water. The
following metals are referred to as the
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50954
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
galvanic (or electromotive) series and
have a tendency to corrode and become
soluble in water; magnesium,
aluminum, cadmium, zinc, steel or iron,
cast iron, chromium, tin, lead, nickel,
soft and silver solder, copper, stainless
steel, silver, gold, platinum, brass and
bronze. For some metals, the extent and
rate of corrosion is dependent on
whether it occurs in an oxygen-starved
or oxygen-abundant atmosphere.
Corrosion of stockpiled materials at
scrap recycling facilities is a potential
source of pollutants given that metals
such as copper, lead, nickel, zinc,
chromium and cadmium were
frequently detected in sampling data. In
addition, the majority of these metals
are associated with recyclable materials
handled by the scrap recycling industry.
Part XI.N.3.a.(3) of today's permit
identifies BMP options to address these
sources.
Another significant material of
concern is the acceptance and
temporary storage of scrap lead acid
batteries from automotive vehicles and
equipment. If a battery casing becomes
cracked or damaged, special precautions
are necessary to ensure that the contents
do not come in contact with storm water
runoff. This includes battery terminals
with visible corrosion. In all cases, used
batteries shall be handled and stored in
such a manner as to prevent exposure to
either precipitation or runoff. Part
XI.N.3.a.(3) addresses conditions for
these sources.
The following table presents a list of
typical materials that may be received
and processed at a scrap and waste
recycling facility and which may be
potential pollutant sources if they are
not managed properly.
TABLE N-2.—SIGNIFICANT MATERIALS POTENTIALLY EXPOSED TO STORM WATER RUNOFF AT SCRAP AND WASTE
RECYCLING FACILITIES 1
Significant materials
Potential sources
Pollutants of concern
White goods (appliances)
Ferrous and nonferrous turnings and cuttings ...
Materials from demolition projects
Electrical components, transformers, switch
gear, mercury float switches, sensors.
Fluorescent lights, light fixtures ,
Food/beverage dispensing equipment,
Hospital and dental waste and equipment
Instruments
Insulated wire
Lawnmowers, snowmobiles, motorcycles
Light gage materials ...
Locomotives, rail cars
Motor vehicle bodies, engines, transmissions,
exhaust systems.
Miscellaneous machinery and obsolete equip-
ment.
Pipes/materials from chemical and industrial
plants.
Sealed containers, hydraulic cylinders
Salvaged construction materials
Tanks, containers, vessels, cans, drums ,
Transformers (oil filled) ,
Leaking oil-filled capacitors, ballasts, leaking
compressors, pumps, leaking pressure ves-
sels, reservoirs, sealed electrical compo-
nents and chipped or deteriorated painted
surfaces.
Cutting oil residue, metallic fines
Deteriorated/damaged insulation, chipped
painted surfaces, lead, copper, and steel
pipes.
Leaking oil-filled transformer casings, oil-filled
switch, float switches, radioactive materials
in gauges, sensors.
Leaking ballasts
Leaking fluorescent light ballasts, chipped
painted surfaces.
Drums/containers of hospital waste, shielding
from diagnostic and other medical equip-
ment, radioactive materials from gauges,
sensors and diagnostic equipment.
Radioactive material from thickness gages
Insulation and other coatings, wire
Leaking engines, transmissions, fuel, oil res-
ervoirs.leaking batteries.
Deteriorating insulation, painted surfaces and
other coatings.
Leaking fuel reservoirs, fittings, hydraulic
components, engines, bearings, compres-
sors, oil reservoirs, worn brake pads, dam-
aged insulation.
Leaking fuel tanks, oil reservoirs, transmission
housings, brake fluid reservoir and lines,
brake cylinders, shock absorber casing, en-
gine coolant, wheel weights, leaking battery
casings/housings and corroded terminals,
painted surfaces and corrosion inhibitors,
exhaust system, catalytic converters.
Leaking reservoirs, damaged or chipped
painted surfaces/coatings.
Chemical residue, insulation, lead piping,
chipped or damaged painted surfaces and
protective coatings.
Leaking liquid reservoirs, containers, cyl-
inders, miscellaneous chemicals.
Chemical residues, oils, solvents, lubricants,
damaged insulation, chipped painted sur-
faces and protective coatings.
Leaking or damaged containers
Leaking transformer housings
PCBs, oil, lubricants, paint pigments or addi-
tives such as lead, and other heavy metals.
Oil, heavy metals.
Asbestos fibers, lead, copper, zinc, cadmium,
other metals, TKN.
PCBs, oils, mercury, ionizing radioactive iso-
topes.
PCBs, oil.
PCBs, oil, heavy metals from paint pigments
and additives.
Infectious/bacterial contamination, lead, ioniz-
ing radioactive isotopes.
Ionizing radioactive isotopes.
Lead, zinc, copper.
Oils, transmission and brake fluids, fuel,
grease, battery acid, lead acid.
Asbestos, lead, chromium:
PCBs, diesel fuel, hydraulic oil, oil, brake
fluid, grease from fittings, asbestos.
Fuel, benzene, oil, hydraulic oil, transmission
fluids, brake fluids, ethylene glycol (anti-
freeze), lead, lead acid, lead oxides, cad-
mium, zinc, other heavy metals.
Fuel, oil, lubricants, lead, cadmium, zinc.
Chemical residue, oil, lubricants, damaged in-
sulation (asbestos), lead, cadmium, zinc,
copper.
Oil, PCBs, solvents, chemical residue.
Chemical residue, oily wastes, asbestos, lead,
, cadmium, zinc.
Chemical residue, oily wastes, petroleum
products, heating oil.
PCBs, oil.
11nstitute of Scrap Recycling Industries, Inc.'s "Environmental Operating Guidelines." (April 1992)
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50955
(2) Material Processing. The type of
E recesses employed at a particular
tcility depends on the type of
recyclable and waste material. Typical
processes include: torch cutting,
shredding, baling, briquetting, wire
stripping and chopping, and
compacting. Processes such as
shredding and shearing reduce the bulk
size of recyclable scrap and waste into
a size that is more easily transportable
and which allows separation into
uniform grades based on manufacturer
specifications. Processes such as
shredding of automotive bodies include
a means of segregating materials into
their ferrous and nonferrous fractions.
Process equipment at scrap recycling
and waste recycling facilities are also
potential sources of pollutants in storm
water runoff. The sources of concern
will be discussed separately. Scrap
process equipment such as shearers are
often actuated by a hydraulic system.
Components such as hydraulic
reservoirs, hydraulic pumps, motors,
cylinders, control valves, accumulators,
filters, and fittings are prone to leaking
hydraulic fluid. Some hydraulic
machinery also require frequent
lubrication of cutting and wear surfaces.
Storm water runoff exposure to
hydraulic fluids and other lubricants is
very likely unless adequate source
control measures such as good
housekeeping, preventive maintenance,
diversion and/or containment are
provided.
Stationary process equipment also
produce a substantial amount of
residual particulate material that tends
to accumulate on and around the
equipment, particularly rotating
machinery, moving parts, bearings,
conveyors and at the output of the
equipment, e.g., storage containers.
Particulate material that accumulates
can become a source of contamination if
it comes in contact with both
precipitation and storm water runoff.
Other sources of residual particulate
and waste material include air pollution
equipment, material handling
equipment and processing equipment.
In the case of shredding equipment,
there are typically three (3) separate
material streams produced. Shredded
material is ultimately separated into its
ferrous and nonferrous fractions, and a
third stream referred to as fluff. The fluff
material consists of a heterogeneous mix
of materials including, but not limited
to, small metal fragments, plastics,
rubber, wood and textiles. After the
material exits the shredder
(hammermill), it typically enters an air
classification system that separates the
lightweight fraction, e.g., particulates,
from the more dense fraction. The
ferrous metal fraction is then separated
from the nonferrous fraction and fluff by
the use of a magnetic separator
(typically a belt- or drum-type magnetic
separator). The separated material may
be collected in a hopper or it may
accumulate on the ground. If recyclable
and nonrecyclable waste material is
allowed to accumulate on the ground, a
greater potential exists for this material
to come in contact with either
precipitation or storm water runoff.
The scrap and recycling industry uses
a diversity of processes to reclaim and
recycle materials that can contribute
pollutants to storm water runoff. The
following table presents a list of typical
scrap equipment operations which are
potential pollutant sources.
TABLE N-8.—TYPICAL PROCESS AND EQUIPMENT OPERATIONS THAT ARE LIKELY SOURCES OF POLLUTANTS'
Activity
Potential sources
.Pollutants of concern
Air Pollution Equipment (Including incinerators,
furnaces, wet scrubbers, filter houses, bag
houses).
Combustion Engines
Material Handling Systems (forklifts, cranes,
conveyors).
Stationary Scrap Processing Facilities (balers,
bffquetters, shredders, shearers, compactors,
engine block/cast iron breakers, wire chop-
per, turnings crusher).
Hydraulic equipment and systems, balers/
briquetter, shredders, shearers, compactors,
engine block/cast iron breaker, wire chopper,
turnings crusher.
Normal equipment operations that include the
collection and disposal of filter bag material
and ash, process wastewater from scrub-
bers, accumulation of particulate matter
around leaking joint connections, malfunc-
tioning pumps and motors, e.g., leaking
gaskets, seels or pipe connections, leaking
oil-filled transformer casings.
Spills and/or leaks from fueling tanks, spills/
leaks from oil/hydraulic fuel reservoirs,
faulty/leaking hose connections, worn gas-
kets, leaking transmission crankcases and
brake systems (if applicable), leaking bat-
tery casings and/or corroded terminals.
Normal operations including spills and leaks
from >fuel tanks, hydraulic and oil reservoirs
due to malfunction parts, e.g., worn gaskets
and parts, leaking hose connections, and
faulty seals. Damaged or faulty electrical
switches (mercury filled) Damaged or leak-
ing battery casings, including exposed cor-
roded battery terminals. Damaged or worn
bearing housings.
Normal equipment operations including leaks
from hydraulic reservoirs, hose and fitting
connections, worn gaskets, spills or leaks
from fuel tanks, particulates/residue from
scrap processing, malfunctioning pumps
and motors, e.g., leaking gaskets, seals or
pipe connections, leaking oil-filled trans-
former casings.
Particulate/residue from material processing,
spills and/or leaks from fueling tanks, spills/
leaks from oil/hydraulic fuel reservoirs,
faulty/leaking hose connections/fittings,
leaking gaskets.
Hydraulic fluids, oils, fuels, grease and other
lubricants, accumulated particulate -matter,
chemical additives, PCBs from oil-fijled
electrical equipment.
Accumulated particulate matter, oil/lubricants,
fuel (gas/diesel), fuel additives, antifreeze
(ethylene glycol), battery acid, products of
incomplete combustion.
Hydraulic fluids, oils, fuels and fuel additives,
grease and other lubricants, accumulated
particulate matter, chemical additives, mer-
cury, lead, battery fluids.
Heavy metals, e.g., zinc, copper, lead, cad-
mium, chromium, hydraulic fluids.
Hydraulic fluids/oils, lubricants, particulate
matter from combustion engines, PCBs (oil-
filled electrical equipment components),
heavy metals (nonferrous, ferrous).
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50956
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE N-3.—TYPICAL PROCESS AND EQUIPMENT OPERATIONS THAT ARE LIKELY SOURCES OF POLLUTANTS'—Continued
Activity
Electrical Control Systems (transformers, elec-
trical switch gear, motor starters).
Torch cuttina
Potential sources
Oil leakage from transformers, leakage from
mercury float switches, faulty detection de-
vices.
Residual/accumulated oarticulates
Pollutants of concern
PCBs, mercury (float switches), ionizing radio-
active material (fire/smoke detection sys-
tems).
Heaw metal fraaments. fines.
'Institute of Scrap Recycling Industries, Inc.'s "Environmental Operating Guidelines." (April 1992)
(3) Segregation of Processed Materials
into Uniform Grades. Processing, e.g.,
shearing, shredding, baling, etc., of
recyclable materials is followed by its
segregation into uniform grades to meet
a particular manufacturer's
specifications. If segregated recyclable
material remains exposed to
precipitation, the potential still exists
for storm water contamination.
(4) Disposal of Nonrecyclable Waste
Materials. During recycling of scrap and
waste materials, a significant fraction of
nonrecyclable waste materials is
generated and must be disposed of
properly. The volume or quantity of
material that remains nonrecyclable
may be too large to allow covered
storage prior to shipment. Consequently,
nonrecyclable waste materials may be
left exposed to both precipitation and
runoff and, therefore, they are a likely
source of storm water pollutants.
(5) Other Operations of Concern.
There are a number of activities of
concern that frequently occur at scrap
and waste recycling facilities including,
heavy vehicle traffic over unstabilized
areas, vehicle maintenance and fueling,
and material handling operations.
Operations associated with the receipt,
handling, and processing of scrap and
waste material frequently occur over
areas that are not stabilized to prevent
erosion. Unless specific measures or
controls are provided to either prevent
erosion or trap the sediment, this
material will be carried away in storm
water runoff and eventually exit the site.
Suspended solids are of significant
concern given the potential amount of
unstabilized area and the significant
amount of particulate matter that is
often produced at these facilities. For
example, many facilities use spray water
for dust control on heavily traveled
areas. Both organic and inorganic
pollutants can become bound up or
absorbed to suspended solids in runoff.
For this reason, today's proposed permit
identifies conditions to minimize the
contribution of suspended solid
loadings from these facilities.
Some scrap and waste recycling
facilities may also conduct vehicle
maintenance onsite. Although vehicle
maintenance frequently occurs indoors,
there are specific activities which could
contribute pollutants to storm water.
This includes washdown of vehicle
maintenance areas, leaks or spills of
fuel, hydraulic fluids and oil and
outdoor storage of lubricants, fluids, oils
and oily rags. Fueling stations are also
frequently located outdoors without any
roof cover. Activities such as topping off
fuel tanks, or overfilling storage tanks
(without high-level alarms or automatic
shut-offs) are also activities that can
cause contamination of runoff. Vehicle
washing can result in accumulated
residue material being discharged to a
storm sewer system.
The following table highlights
activities associated with vehicle
maintenance and material handling that
are potential sources of storm water
contamination.
TABLE N-4.—OTHER POTENTIAL POLLUTANT SOURCE ACTIVITIES
Activity
Potential sources
Pollutants of concern
Material Handling Systems (forklifts, cranes,
conveyors).
Vehicle Maintenance
Fueling Stations
Vehicle and Equipment Cleaning and Washing
Spills and/or leaks from fueling tanks, spills/
leaks from oil/hydraulic fuel reservoirs,
faulty/leaking hose connections/fittings,
leaking gaskets.
Parts cleaning, waste disposal of rags, oil fil-
ters, air filters, batteries, hydraulic fluids,
transmission fluids, brake fluids, coolants,
lubricants, degreasers, spent solvents.
Spills and leaks during fuel transfer, spills due
to "topping off' tanks, runoff from fueling
areas, washdown of fueling areas, leaking
storage tanks, spills of oils, brake fluids,
transmission fluids, engine coolants.
Washing and steam cleaning
Accumulated particulate matter (ferrous and
npnferrous metals, plastics, rubber, other),
oil/lubricants, PCBs (electrical equipment),
mercury (electrical controls), lead/battery
acids.
Fuel (gas/diesel), fuel additives, oil/lubricants,
heavy metals, brake fluids, transmission
fluids, chlorinated solvents, arsenic.
Gas/diesel fuel, fuel additives, oil, lubricants,
heavy metals.
Solvent cleaners, oil/lubricants/additives, anti-
freeze (ethylene glycol).
(6) Pollutants Found in Storm Water Discharges. Sampling data provided in part 2 of the group application process
revealed that storm water discharges from scrap and waste recycling facilities contain pollutants such as heavy metals,
Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD), TSS, nutrients and oil and grease. The following
table summarizes the statistical analysis of sampling data provided in part 2 group applications. Table N-6 provides
a comparison of a selected subset of these pollutants to benchmark concentrations.
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50957
TABLE N-5.—SUMMARY STATISTICS FOR SCRAP AND WASTE RECYCLING FACILITIES! (SIC 5093) (Nonliquid Recyclable
Waste Materials.) All units in mg/L unless otherwise noted
Pollutant
Sample type
oH fetd units)
BODj
COD
TSS
Nitrate + Nitrite N
TKN
O8 and Grease
TotaJ P
Total Pb
TotaJCd
Tola) Cu :
Total Zn
Total Cr
Total Fe
Total Ni :.
Arsenic
Total Al
PCB-1016
PCB-1221
PCB-1 232
PCB-1 242
PCB-1248
PCB-1254
PCB-1260
No. of samples
Grab
136
131
131
131
130
132
136
133
103
75
102
97
103
5
94
9
5
27
26
28
27
26
28
28
Comp"
N/A
120
117
116
117
114
N/A
114
100
73
99
94
100
5
93
8
3
26
24
26
26
24
26
26
Mean
Grab
N/A
23.49
251.33
437.11
1.76
3.44
8.95
0.81
0.85
0.02
0.77
3.16
0.08
25.4
0.202
0.038
4.86
0.001
0.001
0.001
0.001
0.003
0.001
0.002
Comp
N/A
24
204
375
5.9
3.4
N/A
0.77
0.84
0.02
0.60
3.2
0.122
9.80
0.21
0.019
3.327
0.051
0.001
0.001
0.047
0.005
0.001
0.049
Minimum
Grab
4.93
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.000
0.000
0.028
0.000
0.8
0.001
0.00
.68
0.001
0.001
0.001
0.000
0.000
0.000
0.001
Comp
N/A
0.00
0.00
0.00
0.00
0.00
N/A
0.00
0.00
0.000
0.000
0.000
0.000
0.0
0.000
0.00
.68
0.001
0.000
0.000
0.000
0.000
0.000
0.000
Maximum
Grab
10.2
330.0
1588.0
3894
84.0
43.0
85.0
36.0
8.70
0.10
12.0
22.0
2.10
74.0
5.80
0.170
10.0
0.010
0.010
0.010
0.010
0.025
0.010
0.011
Comp
N/A
360
2400
6042
220.0
39.0
N/A
29.0
13.00
0.65
8.20
38.0
2.60
20.0
7.30
0.90
7.6
1.30
0.001
0.001
1.30
0.078
0.006
1.30
Median
Grab
N/A
9.0
120.0
148.0
0.61
2.05
5.0
0.29
0.205
0.0074
0.26
1.50
0.03
10.0
0.05
0.005
4.0
0.001
0.001
0.001
0.001
0.001
0.001
0.001
Comp
N/A
9.0
110.0
84.5
0.80
2.20
N/A
0.28
0.215
0.005
0.22
1.4
0.02
14.0
0.040
0.005
1.70
0.001
0.001
0.001
0.001
0.001
0.001
0.001
99th Percent-
ile
Grab
9.58
330.0
1323
3100
28
25
69
4.7
4.9
0.069
5.98
22.0
0.547
72.7
5.8
0.170
10.0
0.010
0.010
0.010
0.010
0.025
0.010
0.011
Comp
N/A
330.0
1014
4860
129.0
22.0
N/A
10.0
11.00
.65
8.2
38.0
2.3
19.8
7.3
0.090
7.6
1.3
0.001
0.001
1.3
0.078
0.006
1.3
•Applicants that did not report the units of measurement for the reported values were not included in these statistics.
"Composite samples.
TABLE N-6.—COMPARISON SAMPLING DATA FOR SELECTED PARAMETERS VERSUS BENCHMARK CONCENTRATIONS (MG/L)
Pollutant
Sample type
COD
TSS ;
Total Pb
Total Cu
Total Fe
Total Al
Total Zn
Mean
Grab
251
437
0.85
0.77
25.4
4.86
N/A
Comp
204
375
0.84
0.60
9.80
3.327
3.2
Maximum
Grab
1588
3894
8.70
12.0
74.00
10.0
22.0
Comp
2400
6042
13.00
8.20
20.00
7.6
38.0
Median
Grab
120
148
0.205
0.26
10.00
4.0
1.5
Comp
110
84.5
0.215
0.22
14.00
1.70
1.4
Bench-
mark
120
,100
0.0816
0.0636
1.0
0.075
0.117
b. Waste Recycling Facilities (SIC
5093)—(Liquid Recyclable Wastes). This
subsection applies to those facilities
engaged in the reclaiming and recycling
of liquid wastes such as "spent
solvents," "used oil," and "used
ethylene glycol" typically identified
under SIC 5093. This subsection is
particularly applicable to those facilities
that participated in EPA group
application number 195. EPA received a
single group application in this category
of waste recycling facilities. The
following is a profile of industrial
activities and the types of significant
materials associated with facilities
participating in this group activity.
Group application number 195
included 220 facilities of which 214
wero classified as service centers.
Service centers accumulate spent
solvent, used oil and antifreeze, filter
cartridges and still bottoms
contaminated with dry cleaning
solvents (typically perchloroethylene),
and used lacquer thinner from paint gun
cleaning machines. The typical service
center has individual containers with
storage capacity of up to 10,000 gallons
each, and tanks with storage capacity of
up to 20,000 gallons each. Service
centers are typically limited to a
maximum of 6 tanks (a total of 120,000
gallons). Twenty (20) of the service
centers also function as accumulation
centers where they have a maximum
storage capacity of 70,000 gallons of
liquid materials in containers. None of
the containers are opened except under
conditions where a container begins to
leak or is damaged.
The group application also included
four (4) facilities that operated only as
container transfer stations and do not
operate storage tanks. These facilities
are largely enclosed warehouses that
provide secondarily contained storage
areas. Three (3) facilities were identified
as used oil depots where only oily water
and/or used oil are accumulated in
storage tanks. Storage tanks are limited
to a maximum capacity of 20,000
gallons each. Used oil is transported to
the facility in tanker trucks (3,500
gallons) and shipped out in tanker
trucks (7,500 gallons). The used oil is
ultimately transported to a processing or
re-refining facility (not covered under
this section). The following table
summarizes the percentage of facilities
with significant materials stored.
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50958 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE N-7. SIGNIFICANT MATERIALS
REPORTED IN GROUP APPLICATION
NUMBER 195
Significant materials
Mineral Spirits
Immersion Cleaner
Dry Cleaner Solvents
Paint Solvents
Industrial Solvents
Spent Antifreeze
Used Oil
Allied Products
Percent of fa-
cilities
98
98
98
83
81
59
57
98
The types of materials identified in
Table N—7 are potential sources of storm
water runoff contamination. Since these
materials are stored and transported in,
individual drums and bulk storage , ;
tanks, the potential exists for spills and/
or leaks during all phases of waste
transport, waste transfer, container/
drum handling and shipping.
There are a number of operations at
these facilities that have significant
potential to release pollutants to the
environment if recyclable waste
materials are not managed properly.
Potential sources of pollutants are
discussed in Part XI.N.3.a.(2) of today's
permit. However, in response to other
Federal and State environmental
regulations, such as RCRA and 40 CFR
Part 112 (Oil Pollution Prevention),
facilities in this group application
currently employ a range of the BMPs
and structural controls that also benefit
storm water quality. Typical measures
and controls for controlling pollutants
for facilities in this subsection are
presented in Part XI.N.3.a.(3)(b).
(1) Waste Material Handling and
Storage. Given the nature and type of
materials stored and handled at these
facilities, the potential exists for
accidental spills and leaks.
Consequently, the types of activities that
occur at these facilities which could
potentially result in contamination of
storm water runoff is also of concern to
EPA. The following table is a list of
activities which may result in a release
of pollutants.
TABLE N-8. TYPES OF POTENTIAL POLLUTANT-CAUSING ACTIVITIES AT WASTE RECYCLING FACILITIES THAT HANDLE
LIQUID RECYCLABLE WASTES
Activity
Potential sources of pollutants
Pollutants of concern
Drum/Individual Container Storage and Han-
dling.
Return and Fill Stations
Individual Container/Drum Storage Improper
Stacking and Storage of Containers.
Storage Tank Operations
Material Handling Equipment
Leaks or spills due to faulty container/drum in-
tegrity, e.g., leaking seals or ports. Con-
tainer materials incompatible with waste
material. Improper stacking and storage of
containers.
Leaks, spills, or overflows from tanker truck
transfer of wastes and hose drainage.
Leaking pipes, valves, pumps, worn or de-
teriorated gaskets or seals.
Leaks or spills, due to faulty container/drum in-
tegrity, e.g.-, leaking seals or ports.
Overfill of storage tanks, leaking pipes,
valves, worn or deteriorated pumps seals.
Leaking underground storage tanks.
Leaking fuel lines, worn gaskets, leaking hy-
draulic lines and connections.
Mineral spirits, industrial, solvents, immersion
cleaners, dry cleaner solvents, paint sol-
vents, spent antifreeze.
Mineral spirits, industrial solvents, immersion
cleaners, dry cleaner solvents, paint sol-
vents, spent antifreeze.
Mineral spirits, industrial solvents, immersion
cleaners, dry cleaner solvents, paint sol-
vents, spent antifreeze.
Mineral spirits, industrial solvents, immersion
cleaners, dry cleaner solvents, paint sol-
vents, spent antifreeze.
Fuel, hydraulic fluid, oil and grease.
(2). Other Activities of Concern. The following table highlights other types of activities that are potential sources
of storm water contamination.
TABLE N-9. OTHER POTENTIAL SOURCES OF STORM WATER CONTAMINATION
Activity
Potential sources of pollutants
Pollutants of concern
Vehicle and Equipment Maintenance (if appli-
cable).
Vehicle or Equipment Washing (if applicable) ...
Replacement of fluids such as transmission
and brake fluids, antifreeze, oil and other
lubricants, washdown of maintenance
areas, dumping fluids down floor drains
connected to storm sewer system, outside
storage of fluids and oily rags and waste
material.
Wash water or steam cleaning ;...
Oil and grease, fuel, accumulated particulate
matter, antifreeze. . •
Oil, detergents, chlorinated solvents, sus-
pended solids and accumulated particulate
matter.
(3). Pollutants Found in Storm Water Discharges. Based on data provided in group application sampling information,
t frequently reported included TSS, BQD, COD, nitrite plus nitrate, oil and grease. The following
table provides a statistical summary of data.
pollutants that were most
TABLE N-10. SUMMARY STATISTICS FOR WASTE RECYCLING FACILITIES' (SIC 5093)—(RECYCLABLE LIQUID WASTES).
ALL VALUES IN MG/L
Parameter
Sample type
BOD ,
# of Samples
Grab
22
Comp"
17
Mean
Grab
18
Comp
9
Min
Grab
2
Comp
2
Max
Grab
94
Comp
48
Median
Grab
5
Comp
5
99th percent-
lie
Grab
79
Comp
38
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50959
TABLE N-10. SUMMARY STATISTICS FOR WASTE RECYCLING FACILITIES1 (SIC 5093)—(RECYCLABLE LIQUID WASTES).
ALL VALUES IN MG/L—Continued
Parameter
Sample type
COD ....
TSS
Nitrite + Nitrate
TKN
OR and Grease
# of Samples :
Grab1
22
21
22
22
22
Comp"
17
16
17
17
N/A
Mean
Grab
133
51
0.90
3.1
1.8
Comp
83
28
0.78
2.0
N/A
Min
Grab
12
5
0.05
1.0
1.0
Comp
5
5
0.05
1.0
N/A
Max
Grab
660
500
3.70
11.0
5.0
Comp
400
84
3.50
6.0
N/A
Median
Grab
45
28
0.61
1.5
1.5
Comp
45
20
0.38
1.0
N/A
99th percent-
lie
Grab
449
68
3.45
9.9
4.0
Comp
320
59
3.29
5.7
N/A
i Applicants that did not report the units of measurement for the reported values were not Included in these statistics.
11 Composite samples.
c. Recycling Facilities. This particular
group of recycling facilities is
distinguished from scrap recycling
facilities and waste recycling facilities
that accept a mixed wastestream of non-
recyclable and recyclable wastes.
Facilities included in this sub-sector
would include only those facilities that
receive source-separated, recyclable
materials primarily from non-industrial
and residential sources. This includes
source-separated material recovery
facilities (MRF). EPA Group
Applications 274,647,826, and 1145
included significant numbers of
facilities that would fail within this sub-
sector. The recyclable materials in this
sub-sector can be characterized as
common consumer products such as
paper, newspaper, cardboard, plastic
containers, glass bottles, aluminum and
tin cans. These facilities commonly
accept a mix of recyclable materials and
reject non-recyclable materials at the
source.
(1) Pollutant-Causing Activities
Associated ivtfth Recycling Facilities.
There are basically four areas associated
with these facilities that are potential
sources of pollutants, they include: (1)
Inbound recyclable materials; (2)
outdoor material storage; (3) indoor
storage and material processing; and (4)
vehicle maintenance. The potential
exists that recycling facilities may
unknowingly accept nonrecyclable
materials and/or small quantities of
household hazardous wastes (HHW). If
these materials are not handled, stored
or disposed of properly, they could
become potential pollutant sources.
Recycling facilities are already aware of
this issue and have commonly instituted
practices to minimize accepting such
materials. These practices include
public education brochures, training of
curbside pick-up drivers, and rejecting
non-recyclable materials at the source.
Outdoor material storage is another
issue of concern given the practice of
storing degradable, recyclable products
outdoors such as bales of wastepaper
and various types of recyclable
containers containing residual fluids,
e.g., beverage containers. Wastepaper
exposed to weather will deteriorate and
can be a source of oxygen-demanding
substances. For example, biochemical
oxygen demand (BOD) concentrations as
high as 152 mg/1 were measured at
facilities that store wastepaper outdoors.
Similarly, recycling facilities that stored
unprocessed aluminum beverage
containers outdoors can be a
contaminant source of oxygen-
demanding substances. BOD
concentrations as high as 460 mg/1 were
measured at recycling facilities that
store unprocessed recyclable containers
outdoors.
The third area of concern is indoor
processing and storage. EPA is primarily
concerned with the potential for illicit
connections or improper dumping to
floor drains that discharge to a storm
sewer system. Another potential source
of contamination is the practice of
washing down tipping floor areas and
allowing the washwater to drain to the
storm sewer system. EPA believes that
these issues can be readily addressed by
disconnecting floor drains to the storm
sewer, good housekeeping practices and
providing routine employee training.
The practice of allowing tipping floor
washwaters to discharge to a storm
sewer system is prohibited under this
permit.
The last area of concern is vehicle
maintenance. Onsite vehicle
maintenance was infrequently reported
in group permit applications. Although
vehicle maintenance frequently occurs
indoors, the following specific activities
could contribute pollutants to storm
water: washdown of vehicle
maintenance areas, leaks or spills of
fuel, hydraulic fluids, lubricants, and
other fluids, and exposed oils and oily
rags. Fueling areas may lack roof cover,
consequently, topping off fuel tanks or
overfilling storage tanks (without high-
level alarms) could contribute to
contamination of surface runoff. Vehicle
washing can result in accumulated
residue material being discharged to a
storm sewer system. The following
tables identify significant materials that
are exposed to precipitation or runoff
based on information from two group
applications (274 and 647).
TABLE N-11.—SIGNIFICANT MATERIALS REPORTED IN GROUP APPLICATION No. 274
Significant materials
Paper Stock
Wood Pate
Recyclable Waste Paper in Bales .
RocyclabJes Plastic, Glass, and Aluminum
Gasoline/Diesel Fuel (outside oumos) '.
Percent of facili-
ties)
43
83
83
30
28
Pollutant-causing activities
Outdoor exposure could result in deterioration of paper
Residual materials on pallets.
Residual fluids from containers
Leaks or soills. Overtoooina durina fuelina.
'Column totals greater than 100% because many facilities have one or more of these significant materials exposed.
-------
50960
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE N-12.—Significant Materials Reported in Group Application No. 826
Significant materials
Wood Pallets
Waste Paper
Recyclable Waste Paper in Bales
Gasoline/Diesel Fuel (outside pumps)
Lubricatina Fluids
Percent of facili-
ties' :
64
27
41
55
14
Pollutant-causing activity
Residual materials on pallets.
Outdoor exposure could result in deterioration of paper.
Outdoor exposure could result in deterioration of paper.
Leaks or spills. Overtopping during fueling.
Leaks or spills.
'Column totals greater than 100% because many facilities have one or more of these significant materials exposed.
EPA has established special pollution
prevention plan requirements for
recycling facilities that receive only
source-separated recyclable materials.
Specific requirements are discussed in
Part XI.N.3.a.(3)(c) of the permit.
(2) Pollutants Found in Storm Water
Discharges.
Based on data provided in group
applications 274, 647, 826, and 1145,
pollutants that were most frequently
reported included TSS, BOD, COD,
nitrite plus nitrate, TKN, total
phosphorus, oil and grease, and total
aluminum (group 1145 only). The table
N—13 provides a statistical summary of
data.
TABLE N-13.—SUMMARY STATISTICS FOR SELECTED RECYCLING FACILITIES' (SIC 5093) (GROUP APPLICATIONS 247,
647, 826, AND 1145) ALL UNITS IN mg/L UNLESS OTHERWISE NOTED
Pollutant,
Sample type
BOD5
COD
TSS
Nitrate + Nitrite
N
TKN
Oil and Grease
Total P
Total Al'"
#of
Sam-
ples
Grab
Comp"
Mean
Grab
31
179
495
0.60
1.48
9.4
0.22
5.51
Comp
22
118
383
0.76
1.78
0.7
0.19
1.55
Minimum
Grab
0
0
0
0
0
0
0
0
Comp
0
0
0
0
0
0
0
0
Maximum
Grab
460
1200
7440
13
6.90
69.0
7.60
44.0
Comp
220
940
4860
69
16.85
13.0
2.20
5.40
Median
Grab
31
73
73
0.41
1.01
3.0
0.22
1.20
Comp
22
43
40
0.37
0.79
0.0
0.19
0.90
95th percentile
Grab
78
1005
1731
1.61
6.12
32.4
2.17
26.00
Comp
75
441
2754
1.33
7.30
4.9
1.14
4.80
'Applicants that did not report the units of measurement for the reported values were not included in these statistics.
" Composite samples. .
HI Values reported for Group Application No. 1145.
3. Options for Controlling Pollutants
a. Scrap and Waste Recycling
Facilities (SIC 5093) (Nonliquid
recyclable waste materials). This section
addresses source control measures,
BMPs and structural controls that are
specifically applicable to the scrap
recycling facilities (SIC 5093) and waste
recycling facilities (SIC 5093) and which
are engaged in the reclaiming and
recycling of solid materials such as
ferrous and nonferrous metals, plastics,
paper, glass and cardboard and
automotive parts.
The BMPs described in this
subsection are specifically applicable to
scrap recycling and waste recycling
facilities. Scrap recycling and waste
recycling facilities applying for coverage
under Part XI.N. of today's permit shall
employ a broad and comprehensive
range of BMPs and source control
measures to minimize and/or eliminate
the diversity of pollutants associated
with scrap processing operations. In
instances where facilities conduct
certain operations indoors or under
cover, a determination will be made by
the owner/operator of the facility as to
the applicability of these BMPs and
source control measures to these
particular activities.
The following table summarizes
alternative source control measures,
nonstructural BMPs (BMPs), and
structural controls that are associated
with and applicable to scrap and waste
processing facilities (SIC 5093)
, (nonliquid recyclable materials).
TABLE N-14.— SUMMARY OF ALTERNATIVE BMP OPTIONS FOR SCRAP AND WASTE RECYCLING PROCESSING FACILITIES
Activity
BMP alternatives
Inbound Recyclable and Waste Material
Control.
Outside Scrap Material Storage: (liquids)
Establish program to encourage suppliers of scrap, waste and other salvageable materials to
drain residual fluids prior to arrival at the facility.
Establish acceptance program for handling, storage and disposal of lead-acid batteries.
Establish procedures for rejecting or handling, storing and disposal of hazardous wastes and
other nonhazardous residual fluids.
Establish procedures to properly handle industrial turnings and cuttings and prohibiting cutting oils
and metallic fines from coming in contact with runoff.
identify inspector training requirements.
Conduct inspections for fluids, e.g., oils, transmission fluids, antifreeze, brake fluid, and fuels. Es-
tablish handling/ storage/disposal procedures for these materials.
_
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50961
TABLE N-14.— SUMMARY OF ALTERNATIVE BMP OPTIONS FOR SCRAP AND WASTE RECYCLING PROCESSING
FACILITIES—Continued
Activity
BMP alternatives
OuteWo Scrap Material Storage: (bulk solid
materials).
Storage Other: (lightweight materials),
Scrap Processing Operations:,
Supplies for Process Equipment
Drain and collect liquids in a designated area. Provide covered storage or impervious areas with
curbing/berms or other appropriate containment. Stored liquid materials in covered areas or im-
pervious areas with curbing/berms or other appropriate measure.
Establish spill prevention procedures.
Provide adequate supply of materials for dry clean up of spills or leaks.
Prevent runoff into liquid storage areas. Store liquid wastes in materially compatible containers.
Minimize/eliminate the accumulation of liquid wastes.
Establish procedures if hazardous wastes are discovered after material accepted.
Conduct periodic inspections of storage areas.
Conduct preventative maintenance of BMPs as necessary.
Minimize runoff from coming into areas where significant materials are stored, e.g., diversion
structures such as curbing, berms, containment trenches, surface grading, and elevated con-
crete pads or other equivalent measure.
Use adsorbents to collect leaking or spills of oil, fuel, transmission and brake fluids, e.g., dry ab-
sorbent, drip pans.
Install media filters such as catch basin filters and sand filters.
Install oil/water separator in storage areas with vehicle transmissions and engines. Locate spill
plans under stored vehicles.
Provide nonrecyclable waste storage bins and containers.
Conduct periodic inspections.
Conduct preventative maintenance as necessary.
Provide equipment operator training to minimize damage to controls, e.g., curbing and berms.
Identify/provide supplier training or information bulletins on requirements for acceptance of light-
weight materials.
Encourage supplier participation in program to minimize/eliminate, as practicable, volume of semi-
solid and liquid residues in recyclable materials, e.g., residual fluids in aluminum and plastic
containers.
Provide covered storage, container bins or equivalent for lighter-weight materials such as glass,
plastics, aluminum cans, paper, cardboard.
Minimize/eliminate residue from bottles, containers, etc. from coming in contact with runoff. Estab-
lish dry clean up methods.
Establish procedures and employee training for the handling, storage and disposal of residual
fluids from small containers.
Prohibit washdown of tipping floor areas.
Provide good housekeeping to eliminate particulate and residual materials buildup. Establish
cleaning schedule for high traffic areas.
Provide covered disposal containers or equivalent for residual waste materials.
Eliminate floor drains discharging to storm sewer.
Provide training to equipment operators on how to minimize exposure of runoff to scrap process-
ing areas.
Schedule frequent cleaning of accumulated fluids and particulate residue around all scrap proc-
essing equipment
Schedule frequent inspections of equipment for spills or leakage of fluids, oil, fuel, hydraulic
fluids.
Conduct routine preventive maintenance of equipment per original manufacturer's equipment
(OME) recommendations. Replace worn or malfunctioning parts.
Site process equipment on elevated concrete pads or provide runoff diversion structures around
process equipment, berms, containment trenches or surface grading or other equivalent meas-
ure. Discharge runoff from within termed areas to a sump, oil/water separator, media filter or
discharge to sanitary sewer.
Conduct periodic maintenance and clean out of all sumps, oil/water separators, media filters. Dis-
pose of residual waste materials properly, e.g., according to RCRA.
Provide curbing, dikes, and berms around scrap processing equipment to prevent contact with
runoff. . . •
Where practicable, locate process equipment e.g., balers, briquetters, small compactors, under an
appropriate cover.
Provide cover over hydraulic equipment and combustion engines. Provide dry-clean up materials,
e.g.; dry-adsorbents, drip pans, absorbent booms, etc. to prevent contact of hydraulic fluids,
oils, fuels, etc., with storm water runoff.
Provide alarm, pump shutoff, or sufficient containment for hydraulic reservoirs in the event of a
line break.
Stabilize high traffic areas, e.g., concrete pads, gravel, pavement, around processing equipment,
where practicable.
Provide site gages or overfill protection devices for all liquid and fuel storage reservoirs and
tanks. ,
Establish spill prevention and response procedures, including employee training.
Provide containment bins or equivalent for shredded material, especially lightweight materials
such as fluff (preferably at the discharge of these materials from the air classification system).
Locate storage drums containing liquids, including oils and lubricants indoors. Alternatively, site
palletized drums and containers on an impervious surface and provide sufficient containment
around the materials. Provide sumps, oil/water separators, if necessary.
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5O962 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE N-14.— SUMMARY OF ALTERNATIVE BMP OPTIONS FOR SCRAP AND WASTE RECYCLING PROCESSING
FACILITIES—Continued
Activity
BMP alternatives
Scrap lead acid battery Program .
Vehicle and Equipment Maintenance
Fueling
Vehicle and Equipment Washing
Outdoor vehicle parking and storage
Vehicle and Equipment Painting (where ap-
plicable).
Erosion and Sediment Control
Conduct periodic inspections of containment areas and containers/drums for corrosion.
Perform preventive maintenance of BMPs, as necessary.
Instruct employees on proper material handling and storage procedures.
Establish inspection and acceptance procedures for scrap lead-acid batteries.
Provide supplier training on acceptance practices for scrap batteries.
Provide employee training on the safe handling, storage and disposition of scrap batteries.
Separate all scrap batteries from other scrap materials.
Store scrap batteries under coyer or equivalent.
Establish procedures for the storage, handling, disposition of cracked or broken batteries in ac-
cordance with applicable Federal regulations, e.g., RCRA.
Establish procedures to collect and dispose of leaking battery acid according to Federal regula-
tions, e.g., RCRA. ,
Provide covered storage or equivalent to prevent exposure to either precipitation or runoff.
Establish an inventory of materials used in the maintenance shop that could become a potential
pollutant source with storm water runoff, e.g., fuels, solvents, oils, lubricants.
Store and dispose of oily rags, filters (oil and air), batteries, engine coolant, transmission fluid,
use oil, brake fluid, and solvents in a manner that minimizes potential contact with runoff and in
compliance with State and Federal regulations.
Label and track recycling of waste materials, e.g., batteries, solvent, used oil.
Drain oil filters before disposal or recycling.
Drain all fluids from all parts or components that will become scrap material or secondhand parts.
Store liquid waste materials in compatible containers.
Store and dispose used batteries in accordance with scrap lead acid battery program.
Disconnect all floor drains connected to storm sewer system.
Prohibit non-storm water discharges, e.g., dumping.of used liquids down floor drains and
washdown of maintenance areas.
Provide employee training on appropriate storage and disposal of waste materials.
Provide good housekeeping measures.
Conduct inspections of work areas for compliance with BMPs.
Use spill and overflow protection devices.
Provide high level alarm on fuel storage tanks.
Minimize/eliminate runoff onto fueling areas.
Reduce exposure of fueling areas to precipitation by covering the fueling area.
Provide dry adsorbents to clean up fuel spills.
Conduct periodic inspections of fueling areas.
Instruct personnel on proper fueling procedures.
Provide curbing or posts around fuel pumps to prevent collisions during vehicle ingress and
egress.
Avoid washing vehicles and equipment outdoors.
Use biodegradable, phosphate free detergents.
Recycle wash water.
Provide vehicle wash rack with dedicated sediment trap.
Use autoshut-off valves on washing equipment.
Use drip pans under all equipment and vehicles waiting maintenance.
Cover vehicle and equipment storage areas.
Conduct inspections of storage and parking areas for leaks and filled drip pans.
Provide employee training.
Keep paint and solvents away from traffic areas.
Conduct sanding and painting in nonexposed areas, e.g., under cover, in accordance with OSHA
standards.
Cleanup accumulated participate matter.
Minimize overspraying parts.
Dispose or recycle paint, solvents and thinner properly.
Provide training to employees.
Conduct periodic inspections of paint* spraying areas.
Minimize runon from adjacent properties, e.g., diversion dikes, berms, or equivalent.
Trap sediment at downgradient locations and outlets serving unstabilized areas. This may include
filter fabric fences, gravel outlet protection, sediment traps, vegetated or riprap swales, vege-
tated strips, diversion structures, catch-basin filters, retention/detention basins or equivalent.
Runoff containing oil and grease may include the use of absorbent booms or sand filters in front
of outlet structures or other equivalent measures.
Stabilize all high traffic areas, including all vehicle entrances and exit points.
Conduct periodic sweeping of all traffic areas.
Conduct inspections of BMPs.
Perform preventative maintenance as needed on BMPs.
Provide employee training on the proper installation and maintenance of erosion and sediment
controls.
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50963
b. Waste Recycling Facilities (SIC
5093)—(recyclable liquid wastes). This
section addresses source control
measures, BMPs, and structural controls
that are specifically applicable to waste
recycling facilities (SIC 5093) which are
engaged in such activities as reclaiming
and recycling of liquid wastes such as
spent solvents, used oil, and used
antifreeze (ethylene glycol). Waste
recycling facilities applying for coverage
under Part XI.N. of today's proposed
permit will be required to employ a
comprehensive range of BMPs and
source control measures to minimize
contact of pollutants with storm water
runoff and precipitation. In instances
where facilities conduct certain
operations indoors or under cover, a
determination will be made by the
owner/operator of the facility as to the
applicability of these BMPs and source
control measures to their particular
facility. The following table summarizes
the percent breakdown of BMPs that
were reported by applicants
participating in group application
number 195.
TABLE N-15.—TYPES OF BMPs REPORTED IN EPA GROUP APPLICATION NUMBER 195
BMP
Percent of fa-
cilities
Secondary Containment (Includes tanks, piping, and return/fill stations)
Containment Trench (Includes closed loop containment trenches with sumps, sloped floors, and/or berms) ..
Roof (includes canvass tent roofs and enclosed structures)
Contingency Plan (serves as Spill Prevention and Countermeasures Control Plan)
Prevention and Preparedness Plan (includes inspection information and general housekeeping procedures)
70
91
7
100
100
The following table summarizes types of BMPs, and structural control options that are applicable to liquid waste
recycling facilities.
TABLE N-16.—TYPES OF BMP OPTIONS APPLICABLE TO LIQUID WASTE RECYCLING FACILITIES
Activity
BMP alternatives
Individual Drum/Container Storage
Bulk Liquid Storage
Waste Transfer Areas
Inspections....
Preventive Maintenance
Vehtelo Maintenance (if applicable),
Ensure container/drums are in good condition. Store waste materials in materially compatible
drums. Use containers that meet National Fire Protection Association (NFPA) guidelines.
Put individual containers on pallets. Limit stack height of individual containers/drums. Provide
straps, plastic wrap, or equivalent around stacked containers to provided stability.
Label/mark drums. Segregate hazardous and flammable wastes. Comply with NFPA guidelines
for segregation of flammable wastes.
Provide adequate clearance to allow material movement and access by material handling equip-
ment.
Provide semipermanent or permanent cover over wastes.
Provide adequate clearance between stored materials to allow movement and handling.
Establish clean up procedures, including the use of dry adsorbents, in the event of spills or leaks.
Prohibit washing down of material storage areas. Disconnect or seal all floor drains from storm
sewer system.
Develop spill prevention, countermeasures and control (SPCC) procedures for all liquid container
storage :areas. Ensure employees are familiar with SPCC procedures. Schedule/conduct peri-
odic employee training.
Provide secondary containment, dikes, berms, containment trench, sumps, or other equivalent
measure, in all storage areas.
Use welded pipe connections versus flange connections. Inspect all flange gaskets for deteriora-
tion.
Apply corrosion inhibitors to exposed metal surfaces.
Provide high level alarms for storage tanks.
Provide redundant piping, valves, pumps, motors, as necessary, at all pumping stations. Provide
manually activated shutoff valves in the event of spill. Install visible and/or audible alarms in the
event of a spill.
Install manually activated drainage values, or equivalent, versus flapper-type drain values. Pro-
vide adequate security against vandalism and tampering.
Provide secondary containment around all bulk storage tanks, including berms, dikes, surface im-
poundments or equivalent. Ensure surfaces of secondary containment areas are adequately
sealed to prevent leaks.
Provide stationary boxes around all return and fill stations to eliminate/minimize hose drainage
and minor waste transfer spills.
Provide secondary containment or equivalent measures around all liquid waste transfer facilities
Provide cover over liquid waste transfer areas.
Establish clean up procedures for minor spills including the use of dry adsorbents.
Conduct inspections of all material storage, handling and transfer areas.
Document signs of corrosion, worn parts or components on pumps and motors, leaking seals and
gaskets.
Conduct periodic nondestructive testing (NOT) of all bulk storage tanks for signs of deteriorating
structural integrity.
Conduct periodic preventive maintenance of all structural controls, replace worn parts on compo-
nents on valves, pumps, motors per manufacturer's recommendations.
Establish an inventory of materials used in the maintenance shop that could become a potential
pollutant source with storm water runoff, e.g., fuels, solvents, oils, lubricants.
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50964 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE N-16.—TYPES OF BMP OPTIONS APPLICABLE TO LIQUID WASTE RECYCLING FACILITIES—Continued
Activity
BMP alternatives
Vehicle Cleaning (if applicable)
Training
Store and dispose of oily rags, filters (oil and air), batteries, engine coolant, transmission fluid,
use oil, brake fluid, and solvents in a manner that minimizes potential contact with runoff and in
compliance with State and Federal regulations.
Label and track recycling of waste materials, e.g., batteries, solvent, used oil.
Drain oil filters before disposal or recycling.
Drain all fluids from all parts or components that will become scrap material or secondhand parts.
Store liquid waste materials in compatible containers.
Store and dispose used batteries in accordance with scrap lead acid battery program.
Disconnect all floor drains connected to storm sewer system.
Prohibit non-storm water discharges, e.g., dumping of used liquids down floor drains and
washdown of maintenance areas.
Provide employee training on appropriate storage and disposal of waste materials.
Provide good housekeeping measures.
Conduct inspections of work areas for compliance with BMPs.
Avoid washing vehicles and equipment outdoors.
Use biodegradable, phosphate free detergents.
Recycle wash water.
Provide vehicle .wash rack with dedicated sediment trap.
Use autoshut-off valves on washing equipment.
Provide employee training on proper material handling and storage procedures. Require famil-
iarization with applicable SPCC measures.
c. Recycling Facilities (SIC 5093). This
section addresses best management
practices that have been employed by
one or more facilities within group
applications 274, 647, 826, and 1145.
The following table provides examples
of BMPs used by the recycling facilities
within this sub-section:
TABLE N-17.—Types of BMP Options Applicable to Recycling Facilities
Activity
BMP options and alternatives
Inbound Recyclable Materials Control,
Indoor Storage
Recyclable Material Processing
Outdoor Storage
Residual Non-recyclable Materials
Vehicle Maintenance
Fueling ....
Lubricant Storage
Provide public education brochures on acceptable recyclable materials.
Educate curbside pick-up drivers on acceptable materials. Reject unacceptable materials at the
source.
Employee training.
Provide totally-enclosed drop-off containers for public.
Store equivalent of the average daily volume of recyclable materials indoors.
Provide good housekeeping.
Disconnect all floor drains from storm sewer system.
Prohibit illicit discharges and illegal dumping to floor drains that are connected to the storm
sewer.
Direct tipping floor washwaters to sanitary sewer system if permitted by local sanitary authority.
Conduct processing operations indoors. Clean up residual fluids.
Conduct routine preventive maintenance on all processing equipment.
Schedule frequent good housekeeping to minimize particulate and residual materials buildup.
Store only processed materials, i.e., baled plastic and aluminum and glass cutlet.
Provide containment pits with sumps pumps that discharge to sanitary sewer system. Prevent dis-
charge of residual fluids to storm sewer.
Provide dikes and curbs around bales of waste paper.
Use tarpaulins or covers over bales of wastepaper.
Conduct regularly scheduled sweeping of storage areas to minimize particulate buildup.
Store residual non-recyclable materials in covered containers for transport to a proper disposal fa-
cility.
Bale residual non-recyclable materials and cover with tarpaulin or equivalent.
Avoid washing equipment and vehicles outdoors.
Eliminate outdoor maintenance areas.
Establish spill prevention and clean-up procedures.
Provide dry-absorbent materials or equivalent.
Provide employee training, i.e., avoid topping off fuel tanks.
Divert runoff from fueling areas.
Eliminate or minimize outside storage.
Provide employee training on proper, handling, storage.
Divert runoff from storage areas.
4. Discharges Covered under this
Section
The requirements listed under this
section are applicable to storm water
discharges from facilities typically
identified in SIC 5093 (except for
battery reclaimers and auto salvage
yards). This includes facilities that are
engaged in the processing, reclaiming .
and wholesale distribution of scrap and
waste materials such as ferrous and
nonferrous metals, paper, plastic,
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50965
cardboard, glass. For purposes of this
permit, the term waste recycling facility
applies to those facilities within SIC
5093 that receive a mixed wastestream
of recyclable and non-recyclable wastes.
Facilities that are engaged in reclaiming
and recycling liquid wastes such as
used oil, antifreeze, mineral spirits and
industrial solvents and which are
classified SIC 5093 are also covered
under this section. The term recycling
facility is used in this permit to those
facilities that only receive source-
separated recyclable materials primarily
from non-industrial and residential
sources, e.g., common consumer
products including paper, newspaper,
glass, cardboard, plastic containers,
aluminum and tin cans.
5. Special Conditions
The following section identifies
special conditions that are applicable to
permittees applying for coverage under
PartXLN. of today's permit.
o. Prohibition of Non-storm Water
Discharges. This section requires scrap
and waste recycling facilities that are
typically classified in SIC 5093 to certify
mat certain non-storm water discharges
are not occurring at their facilities. A list
of non-storm water discharges that are
not authorized by this section has been
identified. These discharges are
prohibited due to the likelihood these
discharges will contain substantial
pollutant concentrations. The following
non-storm water discharges are not
authorized by this section: waste
discharges to floor drains or sinks
connected to the facilities storm sewer
or storm drainage system; water
originating from vehicle and equipment
washing; steam cleaning wastewater;
process wastewaters; washwater
originating from cleaning tipping floor
areas or material receiving areas that
discharge to any portion of a storm
sower system; wastewater from wet
scrubbers; boiler blowdown; noncontact
and contact cooling water; discharges
originating from dust control spray
water; discharges from oil/water
separators and sumps in the absence of
a storm event; discharges originating
from the cleaning out of oil/water
separators or sumps; and non-storm
water discharges from turnings
containment areas.
The operators of non-storm water
discharges must seek coverage for these
discharges under a separate National
Pollutant Discharge Elimination System
(NPDES) permit if discharging to either
a municipal separate storm sewer
system or to waters of the United States.
If such a permit has been issued, the
plan shall identify the NPDES permit
number and a copy of the NPDES permit
shall be located at the facility and shall
be readily accessible. If a permit
application has been submitted for a
non-storm water discharge, the plan
shall be annotated accordingly and a
copy of the application shall be located
at the facility and shall be readily
accessible.
For facilities that have prohibited
discharges identified under this section
and which discharge to a sanitary sewer
system, the facility operator is required
to take the appropriate notification
actions as may be required by the
operator of the sanitary sewer system.
Any relevant documentation, i.e.,
notification letters and approvals, shall
be kept with the plan. For facilities that
have been issued an industrial user
permit under the pretreatment program
for discharges prohibited under this
section, the plan shall identify the
appropriate NPDES permit number arid
a copy of the permit shall be kept at the
facility and shall be readily accessible.
EPA strongly recommends that
operators keep copies of relevant •
documentation concerning non-storm
water discharges and NPDES permits
with the plan.
6. Storm Water Pollution Prevention
Plan Requirements
a. Contents of the Plan. In addition to
the supplemental information
requirements identified in Part VI.C.,
scrap and waste recycling facilities in
SIC 5093 are required to provide the
additional information applicable to
their industrial sector. The storm water
pollution prevention plan is broken out
into three subcategories; scrap recycling
and waste recycling facilities (nonliquid
materials); waste recycling facilities
(liquid materials); and recycling
facilities.
(1) Description of Potential Pollutant
Sources
(a) Scrap Recycling and Waste
Recycling Facilities (nonliquid
recyclable wastes)—This section
establishes that scrap recycling and
waste recycling facilities shall provide
the following information in their
pollution prevention plan.
(i) Inbound Recyclable and Waste
Material Control Program—The plan
shall include a recyclable and waste
material inspection program to
minimize the likelihood of receiving
non-recyclable materials (e.g.,
hazardous materials) that may be
significant pollutant sources to storm
water discharges. At a minimum, the
plan shall address the following:
Information/education measures to
encourage major suppliers of scrap and
recyclable waste materials to drain
residual fluids, whenever applicable,
prior to its arrival at the facility. This
includes vehicles and equipment
engines, radiators, and transmissions,
oil-filled transformers, white goods
(appliances) and individual containers
or drums;
Activities which accept scrap and
materials that may contain residual
fluids, e.g., automotive engines
containing used oil, transmission fluids,
etc., shall describe procedures to
minimize the potential for these fluids
from coming in contact with either
precipitation or runoff. The description
shall also identify measures or
procedures to properly store, handle,
dispose and/or recycle these residual
fluids;
Procedures pertaining to the
acceptance of scrap lead-acid batteries.
Additional requirements for the
handling, storage and disposal or
recycling of batteries shall be in
conformance with conditions for a scrap
lead-acid battery program, see below;
A description of training requirements
for those personnel engaged in the
inspection and acceptance of inbound
recyclable materials; and
Liquid wastes, including used oil,
shall be stored in materially compatible
and nonleaking containers and disposed
or recycled in accordance with all
requirements under the Resource
Recovery and Conservation Act (RCRA),
and other State or local requirements.
(ii) Scrap and Waste Material
Stockpiles (outdoors)—The plan shall
address areas where significant
materials are exposed to either storm
water runoff or precipitation. The plan
must describe those measures and
controls used to minimize contact of
storm water runoff with stockpiled
materials. The plan should include
measures to minimize the extent of
storm water contamination from these
areas. The operator shall consider
(within the plan) 'the use of the
following BMPs (either individually or
in combination) or their equivalent to
minimize contact with storm water
runoff:
Diversion devices or structures such
as dikes, berms, containment trenches,
culverts and/or surface grading;
Media filtration such as catch basin
filters and sand filters;
Silt fencing; and,
Oil/water separators, sumps and dry
adsorbents in stockpile areas that are
potential sources of residual fluids, e.g.,
automotive engine storage areas.
The operator may consider the use of
permanent or semipermanent covers, or
other similar forms of protection over
stockpiled materials where the operator
determines that such measures are
reasonable and appropriate.
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5O966
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
The operator may consider the use of
sediment traps, vegetated swales and/or
vegetated strips to facilitate settling of.
filtering out of pollutants and sediment.
(Hi) Stockpiling of Turnings
Previously Exposed to Cutting Fluids
(outdoors)—The plan shall address all
areas where stockpiling of industrial
turnings (previously exposed to cutting
fluids) occurs. The plan shall
implement those measures necessary to
minimize contact of surface runoff with
residual cutting fluids. The operator
shall consider implementation of either
of the following two alternatives or a
combination of both or equivalent •
measures:
Alternative 1: Storage of all turnings
previously exposed to cutting fluids
under some form of permanent or semi-
permanent cover. Discharges of residual
fluids from these areas to the storm
sewer system in the absence of a storm
event is prohibited. Discharges to the
storm sewer system as a consequence of
a storm event is permitted provided the
discharge is first directed through an
oil/water separator or its equivalent.
Procedures to collect, handle, and
dispose or recycle residual fluids that
may be present shall be identified in the
plan.
Alternative 2: Establish dedicated
containment areas for all turnings that
have been exposed to cutting fluids
where runoff from these areas is
directed to a storm sewer system,
providing the following:
Containment areas constructed of
either concrete, asphalt or other
equivalent type of impermeable
material;
A perimeter around containment
areas to prevent runoff from moving
across these areas. This would include
the use of shallow berms, curbing, or
constructing an elevated pad or other
equivalent measure;
A suitable drainage collection system
to collect all runoff generated from
within containment areas. At a
minimum, the drainage system shall
include a plate-type oil/water separator
or its equivalent. The oil/water
separator or its equivalent shall be ;
installed according to the
manufacturer's recommended
specifications, whenever available,
specifications will be kept with the
plan;
A schedule to maintain the oil/water
separator (or its equivalent) to prevent ,
the accumulation of appreciable
amounts of fluids. In the absence of a
storm event, no discharge from
containment areas to the storm sewer
system are permitted unless the '-•--'
discharge is covered by a separate
NPDES permit; and
Identify procedures for the proper
disposal or recycling of collected
residual fluids. : -
(iv) Scrap and Waste Material
Stockpiles (covered or indoors)—The'
plan shall address, at a minimum,
measures and controls to minimize and,
whenever feasible, eliminate residual
liquids and particulate matter from
materials stored indoors from coming in
contact with surface runoff. The
operator shall consider including in
their plan: good housekeeping measures
to collect residual liquids from
aluminum, glass and plastic containers
and prohibiting the practice of allowing
washwater from tipping floors or other
indoor processing areas from
discharging to a storm sewer system,
inspections to ensure that material
stockpile areas with existing floor drains
are not connected to the storm sewer
system or any portion of the storm
sewer system, and the disconnection of
any floor drains to the storm drainage
system.
(v) Scrap and Recyclable Waste
Processing Areas—The plan shall
address areas where scrap and
recyclable waste processing equipment
are sited. This includes measures and ,
controls to minimize surface runoff from
coming in contact with scrap processing
equipment. In.the case of processing
equipment that generate visible amounts
of particulate residue, e.g., shredding
facilities, the plan shall describe good
housekeeping and preventive
maintenance measures to minimize
contact of runoff with residual fluids
and accumulated particulate matter. At
a minimum, the operator shall consider
including the following:
A schedule of periodic inspections of
equipment for leaks, spills,
malfunctioning, worn or corroded parts
or equipment; preventive maintenance
program to repair and/or maintain
processing equipment; measures to
minimize shredder fluff from coming in
contact with surface runoff; use of dry-
absorbents or other cleanup practices to
collect and to dispose or recycle spilled
or leaking fluids; and installation of
low-level alarms or other equivalent
protection devices on unattended
hydraulic reservoirs over 150 gallons in
capacity. Alternatively, provide
secondary containment with sufficient
volume to contain the entire volume of.
the reservoir.
The operator shall consider using the
following types of BMPs:
(a) Diversion structures such as dikes,
berms, culverts, containment trenches,
elevated concrete pads, grading to
minimize contact df storm water runoff
with outdoor processing equipment;
(b) Oil/water separators or sumps in
processing areas that are potential
sources of-residual fluids and grease;
(c) Permanent or semipermanent
covers, or other similar measures;
(d) Retention and detention basins or
ponds, sediment traps or vegetated
swales and strips, to facilitate settling or
filtering out of pollutants hi runoff from
processing areas; or
(e) Media filtration such as catch
basin filters and sand filters.
(vi) Scrap Lead-acid Battery
Pfogram^-the plan shall address
measures and controls for the proper
receipt, handling, storage and
disposition of scrap lead-acid batteries
(battery reclaiming is not eligible for
coverage under this permit). The
operator shall consider including:
procedures for accepting scrap batteries
and describing how they will be
segregated from other scrap materials;
procedures for managing battery casings
that may be cracked or leaking,
including the proper handling and
disposal of residual fluids; measures to
minimize and, whenever possible,
eliminate, exposure of scrap batteries to
either runoff or precipitation; the
schedule for conducting periodic
inspections of scrap battery storage
areas and applicable source control
measures; and measures to provide
employee training on the management
of scrap batteries.
(vii) Erosion and Sediment Control—
The plan shall identify all areas
associated with industrial activity that
have a high potential for soil erosion
and suspended solids loadings, i.e.,
areas that tend to .accumulate significant
particulate matter. Appropriate source
control, stabilization measures,
nonstructural, structural controls, or an
equivalent shall be provided in these
areas. The plan shall also contain a
narrative discussion of the reason(s) for
selected erosion and sediment controls.
At a minimum, the operator shall
consider in the plan, either individually
or hi combination, the following erosion
and sediment control measures:
Filtering or diversion practices, such
as filter fabric, sediment filter boom,
earthen or gravel berms, curbing or
other equivalent measure;
Catch basin filters, filter fabric, or
equivalent measure, placed in or around
inlets or Catch basins that receive runoff
from scrap and waste storage areas, and
processing equipment; and
Sediment traps, vegetative buffer
strips, or equivalent, that effectively trap
or remove sediment prior to discharge
through an inlet or Catch basin.
In instances where significant erosion
and suspended solids loadings continue
after implementation of source control
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measures and nonstructural controls,
tho operator shall consider providing in
tho plan for a detention or retention
basta or other equivalent structural
control. All structural controls shall be
designed using good engineering
practice. All structural controls and
outlets that are likely to receive
discharges containing oil and grease
must include appropriate measures to
minimize the discharge of oil and grease
through the outlet. This may include the
use of an absorbent boom or other
equivalent measure.
where space limitations (e.g.,
obstructions caused by permanent
structures such as buildings and
permanently-sited processing
equipment and limitations caused by a
restrictive property boundary) prevent
tho siting of a structural control, i.e.,
retention basin, such a determination
will be noted in the plan. The operator
will identify in the plan what existing
practices shall be modified or additional
measures shall be undertaken to
minimize erosion and suspended
sediment loadings in lieu of a structural
BMP.
(viil) Spill Prevention and Response
Procedures—To prevent or minimize
storm water contamination at loading
and unloading areas, and from
equipment or container failures, the
operator shall consider including in the
plan the following practices:
Description of spill prevention and
response measures to address areas that
are potential sources of leaks or spills of
fluids;
All significant leaks and spills should
bo contained and cleaned up as soon as
possible. If malfunctioning equipment is
responsible for the spill or leak, repairs
should also be conducted as soon as
possible;
Cleanup procedures should be
identified in the plan, including the use
of dry absorbent materials or other
cleanup methods. Where dry absorbent
cleanup methods are used, an adequate
supply of dry absorbent material should
bo maintained onsite. Used absorbent
material should be disposed of properly;
Drums containing liquids, including
oil and lubricants, should be stored
indoors; or in a bermed area; or in
ovcrpack containers or spill pallets; or
in similar containment devices;
Overfill prevention devices should be
installed on all fuel pumps or tanks;
Drip pans or equivalent measures
should be placed under any leaking
piece of stationary equipment until the
leak is repaired. The drip pans should
bo inspected for leaks and checked for
potential overflow, and be emptied
regularly to prevent overflow and all
liquids will be disposed of in
accordance with all requirements under
RCRA; and
An alarm and/or pump shut off
system should be installed and
maintained on all outside equipment
with hydraulic reservoirs exceeding 150
gallons (only those reservoirs not
directly visible by the operator of the
equipment) in order to prevent draining
the tank contents in the event of a line
break. Alternatively, the equipment may
have a secondary containment system
capable of containing the contents of the
hydraulic reservoir plus adequate
freeboard for precipitation. Leaking
hydraulic fluids should be disposed of
in accordance with all requirements
under RCRA.
(ix) Quarterly Inspections—A
quarterly inspection shall include all
designated areas of the facility and
equipment identified in the plan. The
inspection shall include a means of
tracking and conducting follow up
actions based on the results of the
inspection. The inspections shall be
conducted by members of the Storm
Water Pollution Prevention team. At a
minimum, quarterly inspections shall
include the following areas:
All outdoor scrap processing areas;
All material unloading and loading
areas (including rail sidings) that are
exposed to either precipitation or storm
water runoff;
Areas where structural BMPs have
been installed;
All erosion and sediment BMPs;
Outdoor vehicle and equipment
maintenance areas;
Vehicle and equipment fueling areas;
and
All areas where waste is generated,
received, stored, treated, or disposed
and which are exposed to either
precipitation or storm water runoff.
If exposed to precipitation or storm
water runoff, the inspection shall
attempt to identify any corroded or
leaking containers, corroded or leaking
pipes, leaking or improperly closed
valves and valve fittings, leaking pumps
and/or hose connections, and
deterioration in diversionary or
containment structures. Spills or leaks
shall be immediately addressed
according to the facilities. A record of
inspections shall be maintained with
the plan.
The BMPs identified above have been
employed by scrap recycling and waste
recycling facilities are believed to be
appropriate given the types of pollutants
found in storm water discharges from
these facilities. In addition, the diversity
of options allows permittees to select
those BMPs that are most applicable to
the extent of the risk that exists at a
particular facility. In instances where
nonstructural measures are not
sufficient, the conditions direct the
permittee to more stringent
requirements such as structural
controls.
(b) Waste Recycling Facilities
(Recyclable liquid wastes)—This section
establishes that waste recycling facilities
(recyclable liquid wastes) shall provide
the following information.
(i) Waste Material Storage (indoors)—
The operator shall consider including in
the plan measures and controls to
minimize residual liquids from waste
materials stored indoors from coming in
contact with surface runoff and
provisions to maintain a sufficient
supply of dry-absorbent materials or a
wet vacuum system or other equivalent
measure to promptly respond to minor
leaks or spills. Measures for secondary
containment or its equivalent and
procedures for proper material handling
(including labeling and marking) and
storage of containerized materials
should be considered. Drainage from
bermed areas should be discharged to an
appropriate treatment facility or sanitary
sewer system. Discharges from bermed
areas should be covered by a separate
NPDES permit or industrial user permit
under the pretreatment program. The
drainage system, where applicable,
should include appropriate
appurtenances such as pumps or
ejectors and manually-operated valves
of the open-and-clpse design.
(U) Waste Material Storage
(outdoors)—The plan will address areas
where waste materials are exposed to
either storm water runoff or
precipitation. The plan must include
measures to provide appropriate
containment, drainage control and/or
other appropriate diversionary
structures. The plan must describe those
measures and controls used to minimize
contact of storm water runoff with
stored materials. The operator shall
consider including in the plan the
following preventative measures or an
equivalent:
An appropriate containment structure
such as dikes, berms, curbing or pits, or
other equivalent measure. The
containment should be sufficient to
store the volume of the largest single
tank and should include sufficient
freeboard for precipitation;
A sufficient supply of dry-absorbent
materials or a wet vacuum system to
collect liquids from minor spills and
leaks in contained areas; and
Discharges of precipitation from
containment areas containing used oil
shall be in accordance with applicable
sections of 40 CFR Part 112.
(Hi) Truck and Rail Car Waste
Transfer Areas—The plan will describe
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measures and controls for truck and rail
car loading and unloading areas. This
includes appropriate containment and
diversionary structures to minimize
contact with precipitation and/or storm
water runoff. The plan will also address
measures to clean up minor spills and/
or leaks originating from the transfer of
liquid wastes. This may include dry-
clean up methods, roof coverings, and
other runoff controls.
(iv) Erosion and Sediment Control—
The plan shall identify all areas
associated with industrial activity that
have a high" potential for soil erosion.
Appropriate stabilization measures,
nonstructural and structural controls
shall be provided in these areas. The
plan shall contain a narrative
consideration of the appropriateness for
selected erosion and sediment controls.
Where applicable, the facility shall
consider the use of the following types
of preventive measures: sediment traps;
vegetative buffer strips; filter fabric
fence; sediment filtering boom; gravel
outlet protection; or other equivalent
measures that effectively trap or remove
sediment prior to discharge through an
inlet or catch basin.
(v) Spill Prevention and Response
Procedures—The plan will address
measures and procedures to address .
potential spill scenarios that could
occur at the facility. This includes all
applicable handling and storage
procedures, containment, diversion
controls and clean-up procedures. The
plan will specifically address all
outdoor and indoor storage areas, waste
transfer areas, material receiving areas
(loading and unloading), and waste
disposal areas.
(vi) Quarterly Inspections—Quarterly
visual inspections shall be conducted by
a member, or members, of the storm
water pollution prevention team. The
quarterly inspection shall include all
designated areas of the facility and
equipment identified in the plan. The
inspection shall include a means of
tracking and conducting follow up
actions based on the results of the
inspection. At a minimum, the
inspections shall include the following
areas:
Material storage areas;
Material unloading and loading areas
(including rail sidings) that are exposed
to either precipitation or storm water
runoff;
Areas where structural BMPs have
been installed;
All erosion and sediment BMPs;
Outdoor vehicle and equipment
maintenance areas (if applicable);
Vehicle and equipment fueling areas
(if applicable); and
All areas where waste is generated,
received, stored, treated, or disposed
and which are exposed to either
precipitation or storm water runoff.
If exposed to precipitation or storm
water runoff, the inspection shall
identify the presence of any corroded or
leaking containers, corroded or leaking
pipes, leaking or improperly closed
valves and valve fittings, leaking pumps
and/or hose connections, and
deterioration in diversionary or
containment structures. Spills or leaks
shall be immediately addressed
according to the facility's spill
prevention and response procedures.
(c) Recycling Facilities.—This section
establishes that recycling facilities
(including MRFs) that receive only
source-separated recyclable materials
primarily from non-industrial and
residential sources shall provide the
following information in their pollution
prevention plan.
(i) Inbound Recyclable Material
Control Program. The plan shall include
a recyclable material inspection
program to minimize the likelihood of
receiving non-recyclable materials (e.g.,
hazardous materials) that may be
significant source of pollutants in
surface runoff. At a minimum, the
operator shall consider addressing in
the plan the following:
A description of information and
education measures to educate the
appropriate suppliers of recyclable
materials on the types of recyclable
materials that are acceptable and those
that are not acceptable, e.g., household
hazardous wastes;
A description of training requirements
for drivers responsible for pickup of
recyclable materials;
Clearly mark public drop-off
containers as to what materials can be
accepted;
Rejecting non-recyclable wastes or
household hazardous wastes at the
source; and
A description of procedures for the
handling and disposal of nonrecyclable
materials.
(ii) Outdoor Storage. The plan shall
include BMPs to minimize or reduce the
exposure of recyclable materials to
surface runoff and precipitation. The
plan, at a minimum, shall include good
housekeeping measures to prevent the
accumulation of visible quantities of
residual particulate matter and fluids,
particularly in high traffic areas. The
plan shall consider tarpaulins or their
equivalent to be used to cover exposed
bales of recyclable waste paper. The
operator shall consider within the plan
the use of the following types of BMPs
(individually or in combination) or their
equivalent:
Provide totally-enclosed drop-off
containers for public.
Provide a sump and sump pump with
each containment pit. Prevent the
discharge of residual fluids to storm
sewer system. Prevent discharging to the
storm sewer system;
Provide dikes and curbs around bales
of recyclable waste paper;
Divert surface runoff away from
outside material storage areas;
Provide covers over containment bins,
dumpsters, roll-off boxes; and,
Store the equivalent one day's volume
of recyclable materials indoors.
(Hi) Indoor Storage and Material
Processing. The plan shall address
BMPs to minimize the release of
pollutants from indoor storage and
processing areas to the storm sewer
system. The plan shall establish specific
measures to ensure that all floor drains
do not discharge to the storm sewer
system. The following BMPs shall be
considered for inclusion in the plan:
Schedule routine good housekeeping
measures for all storage and processing
areas;
Prohibit the practice of allowing
tipping floor washwaters from draining
to any portion of a storm sewer system;
Provide employee training on
pollution prevention practices;
(iv) Vehicle and Equipment
Maintenance. The plan shall also
• provide for .BMPs in those areas where
vehicle and equipment maintenance is
occurring outidoors. At a minimum, the
following BMPs shall be considered for
inclusion in the plan:
Prohibit vehicle and equipment
washwater from discharging to the
storm sewer system;
Minimize or eliminate outdoor
maintenance areas, wherever possible;
Establish spill prevention and clean-
up procedures in fueling areas;
Provide employee training on
avoiding topping off fuel tanks;
Divert runoff from fueling areas;
Store lubricants and hydraulic fluids
indoors;
Provide employee training on proper,
handling, storage of hydraulic fluids
and lubricants.
Monitoring and Reporting Requirements
Analytical Monitoring Requirements.
EPA believes that scrap recycling and
waste recycling facilities (nonsource-
separated facilities only) may reduce the
level of pollutants in storm water runoff
from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. In order to
provide a tool for evaluating the
effectiveness of the pollution prevention
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50969
plan and to characterize the discharge
for potential environmental impacts, the
permit requires scrap recycling and
waste recycling facilities to collect and
analyze samples of their storm water
discharges for the pollutants listed in
Table N-18. Hie pollutants listed in
Table N-18 were found to be above
benchmark levels for a significant
portion of scrap and waste recycling
facilities that submitted quantitative
data in the group application process, or
are believed to be present based upon
the description of industrial activities
and significant materials exposed.
Because these pollutants have been
reported above benchmark levels, EPA
is requiring monitoring after the
pollution prevention plan has been
implemented to assess the effectiveness
of the pollution prevention plan and to
help ensure that a reduction of
pollutants is realized.
At a minimum, storm water
discharges from scrap recycling and
waste recycling facilities must be
monitored quarterly during the second
year of permit coverage. Samples must
bo collected at least once in each of the
following periods: January through
March; April through June; July through
September; and October through
December. At the end of the second year
of permit coverage, a facility must
calculate the average concentration for
each parameter listed in Table N—18. If
the permittee collects more than four
samples in this period, then they must
calculate an average concentration for
each pollutant of concern for all
samples analyzed.
TABLE N-18.—INDUSTRY MONITORING
REQUIREMENTS
Pollutants of concern 1
Chemical Oxygen De-
mand (COD).
Total Suspended Solids
(TSS).
Total Recoverable Alu-
minum.
Total Recoverable Cop-
per.
Total Recoverable Iron ...
Total Recoverable Lead .
Total Recoverable Zinc ...
Cut-off concentra-
tion
120 mg/L
100mg/L
0.75 mg/L
0.0636 mg/L
1.0 mg/L
0.0816 mg/L
0.1 17 mg/L
If the average concentration for a
parameter is less than or equal to the
value listed in Table N-18, then the
permittee is not required to conduct
quantitative analysis for that parameter
during the fourth year of the permit. If,
however, the average concentration for
a parameter is greater than the cut-off
concentration listed in Table N-18, then
the permittee is required to conduct
quarterly monitoring for that parameter
during the fourth year of permit
coverage. Monitoring is not required
during the first, third, and fifth year of
the permit. The exclusion from
monitoring in the fourth year of the
permit is conditional on the facility
maintaining industrial operations and
BMPs that will ensure a quality of storm
water discharges consistent with the
average concentrations recorded during
the second year of the permit.
'Several congeners of RGBs (PCB-1016,
-1221, -1242, -1248, -1260) were above es-
tablished benchmarks, however, EPA believes
that these constituents will readily bound up
with sediment and particulate matter. There-
fore, EPA feels that monitoring for TSS will
serve as an adequate indicator for the control
of PCBs.
TABLE N-19.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage,
4lh Year of Permit Coverage .
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table N-18, then quarterly sampling
is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table N-18, then no further
sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2 of
the permit is greater than the value listed in Table N-18.
If industrial activities or the pollution prevention plan have been altered such that storm water
discharges may be adversely affected, quarterly monitoring is required for all parameters of
concern.
In cases where the average
concentration of a parameter exceeds
Iho cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.'
Throughout today's permit, EPA has
proposed monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then'the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required, 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
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 the case
of certifying that a pollutant is not
present, the permittee must submit the
certification along with the monitoring
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reports required under paragraph (c)
below. If the permittee cannot certify for
an entire period, they must submit the
date exposure was eliminated and any
monitoring required up until that date.
This certification option is not
applicable to compliance monitoring
requirements associated with efflu'ent
limitations. EPA does not expect
facilities to be able to exercise this
certification for indicator parameters,
such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. For facilities conducting
monitoring beyond the minimum
quarterly requirements an additional
Discharge Monitoring Report Form must
be filed for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is-waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/.Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
examinations of storm water discharges
from each outfall are required. The
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, or other obvious indicators of
storm water pollution. The examination
must be conducted in a well lit area. No
analytical tests are required to be
performed on these samples. The
examination must be conducted at least
once in each of the following periods:
January through March; April through
June; July through September; and
October through December.
The examination must be made at
least once in each quarter of the permit
during daylight unless there is
insufficient rainfall or snow-melt to
generate runoff. Where practicable, the
same individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 60 minutes) of when the
runoff begins discharging. Reports of the
visual examination include: the
examination date and time, examination
personnel, visual quality of the storm
water discharge, and probable sources of
any observed storm water
contamination. The visual examination
reports must be maintained onsite with
the pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the .
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the inspections. The visual
examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staff's
understanding of the storm water
problems on that site and effects on the
management practices that are included
in the plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation on-site with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
g. Retention of Records
(1) The permittee shall retain records
of all inspections and monitoring
information, including certification
reports, noncompliance reports,
calibration and maintenance records
and all original strip chart recordings for
continuous monitoring instrumentation,
copies of all reports, and supporting
data, requested by the permitting
authority for at least 3 years after the
date of the sampling event or
inspection.
O. Storm Water Discharges Associated
With Industrial Activity From Steam
Electric Power Generating Facilities,
Including Coal Handling Areas
1. Industrial Profile
The conditions in this section apply
to storm water discharges from steam
electric power generating facilities. The
steam electric power generating category
_
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50971
Includes facilities which are coal, oil,
gas, or nuclear fired. Heat captured co-
generation facilities are not covered
under the definition of storm water
discharge) associated with industrial
activity, however, dual fuel co-
gonoration facilities are included in the
definition. When an industrial facility,
described by the above coverage
provisions of this section, has industrial
activities being conducted onsite that
meal the description(s) of industrial
activities in another section(s), that
industrial facility shall comply with any
and all applicable monitoring and
pollution prevention plan requirements
of the other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
Storm water discharges from coal
piles are eligible for coverage under this
permit, where these discharges are not
already subject to an existing NPDES
permit.
The production of electrical energy
always involves the conversion of some
other form of energy. The two most
important sources of energy which are
converted to steam electric energy are
the chemical energy of fossil fuels and
the atomic energy of nuclear fuels.
Current uses of fossil fuels are based on
a combustion process, followed by
steam generation to convert the heat
first into mechanical energy and then to
convert the mechanical energy into
electrical energy. Nuclear power plants
Utilize a cycle similar to that used in
fossil fueled power plants except that
the source of heat is atomic interactions
rather than the combustion of fossil fuel.
The steam electric power generating
process for fossil fuel systems are
typically enclosed and subject to
effluent limitations guidelines [40 Code
of Federal Regulations (CFR) Part 423],
as is coal pile runoff. However, the
unloading and transport of coal within
the facility is subject to the conditions
sot forth in this section of today's
permit. Likewise, the unloading and
storage areas for liquid fuels and
chemicals are subject to the conditions
in this section of today's permit.
Industrial activities occurring at steam
electric power generating facilities that
pertain to the storm water rule include,
"* * * hut [are] not limited to, storm
water discharges from industrial plant •
yards; material handling sites; refuse
sites; sites used for the application or
disposal of process wastewaters (as
defined at 40 CFR Part 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 materials;
and areas where industrial activity has
taken place in the past and significant
materials remain and are exposed to
storm water" (40 CFR 122.26(b)(14)J.
Common industrial activities at steam
electric power generating facilities
include the unloading, transport, and
storage of raw materials, and the
disposal of waste materials.
Significant materials include, "* * *
but [are] not limited to: raw materials;
fuels; materials such as solvents,
detergents, and plastic pellets; finished
materials such as metallic products;
* * * hazardous substances designated
under Section 101(14) of CERCLA; any
chemical facilities required to report
pursuant to Section 313 of Title m of
SARA; fertilizers; pesticides; and waste
products such as ashes, slag, and sludge
that have the potential to be released
with storm water discharges" (40 CFR
122.26(b)(12)). Significant materials
commonly found at steam electric
power generating facilities include: coal;
diesel fuel; and waste materials.
Historically, steam electric power
generating facilities were categorized in
accordance with the type of fuel they
burned. Recently, however, steam
electric; power generating facilities have
modified their equipment to enable
them to use more than one fuel.
Presented below are brief descriptions
of the industrial activities and
significant materials associated with the
production of steam electric power. Due
to the increase in facilities burning
multiple fuels the industrial activities
and significant materials are discussed
together. However, the industrial
activities and significant materials for
nuclear poWered facilities are discussed
separately. Unique practices are noted.
a. Industrial Activities: Fossil Fuel
Powered Plants. Steam electric power
generation can be divided into four
stages. In the first operation, fossil fuel
(coal, oil, or natural gas) is burned in a
boiler furnace. The evolving heat is used
to produce pressurized and superheated
steam. This steam is conveyed to the
second stage, the turbine, where it gives
energy to the rotating blades and, in the
process, loses pressure and increases in
volume. The rotating blades of the
turbine act to drive an electric generator
or alternator to convert the imparted
mechanical energy into electrical .
energy. The steam leaving the turbine
enters the third state, the condenser,
where it is condensed to water. The
liberated heat is transferred to a cooling
medium which is normally water.
Finally, the condensed steam is
reintroduced into the boiler by a pump
to complete the cycle.
Features unique to coal-fired plants
include coal storage and preparation
(transport, beneficiation, pulverization,
drying), coal-fired boiler, ash handling
and disposal systems, and flue gas
cleaning, and desulfurization.
b. Significant Materials: Fossil Fuel
Powered Plants. The type of fuel (coal,
oil, gas, nuclear) used to fire power
plant boilers most directly influences
the number of waste streams. The
influence comes principally from the
effect of fuel on the volume of ash
generated. Stations using heavy or
residual oils generate fly ash in large
quantities and may generate some
bottom ash. Stations which burn coal
create both fly ash and bottom ash.
Bottom ash is the residue which
accumulates on the furnace bottom, and
fly ash is the lighter material which is
carried over in the flue gas stream.
c. Industrial Activities: Nuclear
Powered Plants. Nuclear power plants
utilize a cycle similar to that used in
fossil fueled power plants except that
the source of heat is atomic interactions
rather than the combustion of fossil fuel.
Water serves as both moderator and
coolant as it passes through the nuclear
reactor core. In a pressurized water
reactor, the heated water then passes
through a separate heat exchanger
where steam is produced on the
secondary side. This steam, which
contains radioactive materials, drives
the turbines. In a boiling water reactor,
steam is generated directly in the reactor .
core and is then piped directly to the
turbine. This arrangement produces
some radioactivity in the steam and
therefore requires some shielding of the
turbine and condenser.
d. Significant Materials: Nuclear
Powered Plants. Few if any significant
materials are exposed to storm water at
nuclear powered steam electric
facilities. Materials that are potentially
exposed do not involve steam electric
generating equipment, raw materials, or
waste products. The materials that are
exposed to storm water are office wastes
and ground maintenance equipment and
tools.
2. Pollutants in Storm Water Discharges
Associated With Steam Electric Power
Generating Facilities
Steam electric generating facilities are
subject to effluent limitations guidelines
that limit the number and variety of
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industrial activities that are included in
the storm water program. Pollutants
may be present in storm water as a
result.of outdoor activities associated
with steam electric power generating
facilities such as: material handling and
transport operations; waste disposal;
and deposition of airborne particulate
matter. In addition, sources of
pollutants other than storm water, such
as illicit connections,92 spills, and other
improperly dumped materials, may
increase the pollutant loadings
discharged into waters of the United
States.
Many of the part 2 group application
data submittals did not identify
individual site characteristics or sources
of storm water pollutants which may be
responsible for pollutant loadings. In
addition, because the industry has been
moving toward combined fuel
generating facilities, -the part 2 sampling
data was reviewed in the aggregate.
Table O-l lists potential pollutant
source activities and related pollutants
associated with steam electric power
generating facilities. The primary and
largest potential source of storm water
pollutants from fossil-fueled steam
electric generating facilities is ash refuse
piles.
TABLE O-1 .—INDUSTRIAL ACTIVITIES, POLLUTANT SOURCES, AND POLLUTANTS FOR STEAM ELECTRIC POWER
GENERATING FACILITIES
Activity
Pollutant source
Pollutant
Above Ground Liquid Storage
Tank.
External corrosion and structural failure
Installation problems
Spills due to operator error
Failure of piping systems
Leaks or spills during pumping of liquids from barges,
trucks, rail cars to a storage facility.
Vehicle and Equipment Main-
tenance.
Parts cleaning ....
Fueling Operations
Coal Handling Areas
Spills of oil, degreasers, hydraulic fluids, transmission
fluid, radiator fluids.
Fluids replacement
Spills & leaks during fuel delivery
Spills caused by "topping off" fuel tanks
Leaking storage tanks
Allowing rainfall on the fuel area or storm water to run
onto the fuel area.
Fugitive dust emissions from coal handling
Spills during delivery
Offsite tracking of coal dust
Ash Handling Areas, Ash
Landfills.
Scrapyards, Refuse Sites
Spills during transfer of ash to landfills
Offsite tracking of ash
Discarded material
Fuel, oil, heavy metals, ammonia, chlorine, sulfuric
acid, sodium hydroxide, and other materials being
stored.
Fuel, oil, heavy metals, ammonia, chlorine, sulfuric
acid, sodium hydroxide, and other materials being
stored.
Fuel, oil, heavy metals, ammonia, chlorine, sulfuric
acid, sodium hydroxide, and other materials being
stored.
Fuel, oil, heavy metals, ammonia, chlorine, sulfuric
acid, sodium hydroxide, and other materials being
stored.
Fuel, oil, heavy metals, ammonia, chlorine, sulfuric
acid, sodium hydroxide, and other materials being
stored.
Oil, heavy metals, chlorinated solvents, acid/alkaline
wastes, ethylene glycol.
Oil, arsenic, heavy metals, organics, chlorinated sol-
vents, ethylene glycol.
Oil, arsenic, heavy metals, organics, fuel.
Fuel, oil, heavy metals.
Fuel, oil, heavy metals.
Fuel, oil, heavy metals.
Fuel, oil, heavy metals.
Suspended solids, copper, iron, aluminum, nickel, and
trace metals.
Suspended solids, copper, iron, aluminum, nickel, and
trace metals.
Suspended solids, copper, iron, aluminum, nickel, and
trace metals.
Suspended solids, chromium, copper, iron, zinc, oil
and grease, aluminum.
Suspended solids, chromium, copper, iron, zinc, oil
and grease, aluminum.
Fuel, oils, heavy metals.
The ash composition from oil, on a
weight percent basis, is much lower
than that of coal. Oil ash rarely exceeds
0.3 percent of the input oil whereas coal
ash comprises from 3 to 30 percent of
the coal. In general, the ash content
increases with increasing asphaltic
constituents in which the sulfur acts
largely as a bridge between aromatic
rings.
The many elements which may
appear in oil ash deposits include
92 Illicit connections are contributions of
unpermitted non-storm water discharges to storm
sewers from any of a number of sources including '
vanadium, sodium, and sulfur.
Compounds containing these elements
are found in almost every deposit in
boilers fired by residual fuel oil and
often constitute the major portion of
these deposits. Oil ash, especially from
plants using Venezuelan and certain
Middle Eastern oil can contain
significant amounts of nickel.
Some of the ash-forming constituents
in the crude oil had their origin in
animal and vegetable matter from which
sanitary sewers, industrial facilities, commercial
establishments, or residential dwellings. The
probability of illicit connections at steam electric
the oil was derived. The remainder is
extraneous material resulting from
contact of the crude oil with rock
structures and salt brines or picked up
during refining processes, storage, and
transportation. Vanadium, iron, sodium,
nickel, and calcium in fuel oil are
common in rock strata, but elements
including vanadium, nickel, zinc, and
copper are believed to come from
organic matter from which the
petroleum was created.
facilities is low yet it still may be applicable at some
operations.
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50973
The ash residue resulting from the
combustion of coal is primarily derived
from the inorganic matter in the coal.
Tho chemical composition of dry
bottom ash and fly ash are quite similar.
The major constituents present in coal
ash are silica, alumina, ferric oxide,
calcium oxide, magnesium oxide, and
minor amounts of sodium and
potassium oxides. Other parameters
which may be present include sulfur
trioxide, carbon, boron, phosphorus,
uranium, and thorium. The
concentration differences can vary
considerably from one site to another.93
When conducting their data analysis
for their 1980 Development Document,
the U.S. Environmental Protection
Agency (EPA) found that there was no
correlation between arsenic, nickel,
zinc, copper, and selenium and total
suspended solids, whenever their value
was 30 mg/L or less.94
The quality of storm water runoff
from coal handling areas is dependent
on pH, as pH influences the release of
toxic and heavy metals. Suspended
solids levels result when storm water
suspends coal particulates. Most of the
total dissolved solids concentrations are
a consequence of enhanced pyritic
oxidation.
Storm water runoff from exposed
sources of coal tends to be of an acid
nature, primarily as a result of the
oxidation of iron sulfide in the presence
of oxygen and water.95 The presence of
certain acidophilic, chemoautotrophic
bacteria, and a pH of 2.0 to 4.5 generally
indicates storm water runoff high in
iron, manganese, and total dissolved
solids.96
Based on the similarities of the
facilities included in this sector in terms
of industrial activities and significant
materials, EPA believes it is appropriate
to discuss the potential pollutants at
steam, electric power generating
facilities as a whole and not subdivide
this sector. Therefore, Table O-2 lists
data for selected parameters from
facilities in the steam electric power
generating sector. These data include
the eight pollutants that all facilities
were required to monitor for under
Form 2F, as well as the pollutants that
EPA has determined may merit further
monitoring.
TABLE O-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY STEAM ELECTRIC GENERATING FACILITIES
SUBMITTING PART II SAMPLING DATA' (mg/L)
PcAitant,
Simple type
BOOj ......................................
COO ........... ,,,.™..........,.....»...
Mtato + NHfita NHrogon .........
Total KJeMaN Nitrogen
OS & Gfo&so .......................
DH ,*M,.«««.......»M.....
Total Phosphorus .......
Total Suspended SdWs
too. Total .....
Zinc, Total ...............................
fof Facilities
Grab
29
30
30
30
34
30
30
30
29
14
Comp
33
33
33
33
N/A
N/A
33
33
32
17
* of Samples
Grab
78
78
78
78
90
72
77
78
67
33
Comp
80
79
79
80
N/A
N/A
80
79
73
38
Mean
Grab
5.8
102.5
5.47
2.36
1.4
N/A
0.81
504
7.0
0.300
Comp
5.7
68.7
0.73
1.90
N/A
N/A
0.65
208
6.3
0.250
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
3.8
0.00
0
0.0
0.000
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.00
0
0.0
0.000
Maximum
Grab
45.0
1410.0
350.00
22.30
20.0
9.0
6.00
22790
67.0
5.500
Comp
37.0
540.0
3.90
19.1
N/A
N/A
7.20
5554
191.0
4.200
Median
Grab
4.3
32.5
0.36
1.20
0.0
7.4
0.30
44
1.8
0.07
Comp
4.0
39.0
0.41
0.99
N/A
N/A
0.28
40
1.4
0.08
95lh Percentile
Grab
20.3
332.8
4.34
7.35
7.3
8.9
3.56
1561
34.7
1.164
Comp
16.8
188.3
2.41
5.37
N/A
N/A
2.62
967
19.9
0.725
99th Percentile
Grab
38.4
739.8
11.17
14.95
19.5
9.7
9.27
6077
117.0
3.389
Comp
29.5
333.6
4.66
10.26
N/A
N/A
6.45
3292
58.1
1.607
'AppSeslions tfwl rfd not report tha units of measurement for the reported values of pollutants were not Included in these statistics. Values reported as non-detect or below detection limit
weta usumed to ba 0.
"Composite MmpWo.
3. Pollutant Control Measures Required
Under Other EPA Programs.
Tho Agency recognizes that other EPA
programs address pollution prevention
ot steam electric power generating
facilities. The Oil Pollution Prevention
Program (40 CFRPart 112) has
established procedures to prevent the
discharge of oil from nontransportation
related onshore and offshore facilities.
This program requires owners or
operators of onshore and offshore
facilities to prepare a Spill Prevention
Control and Countermeasure Plan
(SPCC Plan) for their facility if they
could reasonably be expected to
discharge oil, into or upon the navigable
waters of the United States or adjoining
shorelines, in quantities that violate
applicable water quality standards, or
cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines or cause a sludge
or emulsion to be deposited beneath the
surface of the water or upon adjoining
shorelines. Guidelines for the
preparation and implementation of a
Spill Prevention Control and
Countermeasure Plan can be found at 40
CFR 112.7.
Under the Resource Conservation and
Recovery Act (RCRA) specific
requirements have been established
which address generators of hazardous
wastes. Regulations have been
developed which address the
accumulation of hazardous waste onsite
prior to transport to a hazardous waste
disposal facility. These regulations
address proper storage of hazardous
wastes, emergency planning, and
training personnel in proper handling
procedures for hazardous wastes.
" EPA. Effluent Gu idoline j Division.
"Development Document for Effluent Limitations
Guidelines and Standards for tho Steam Electric
Point Source Cttegory." September 1980. (EPA 440/
l-BO/029-b). Pago 131.
"EPA. Effluent Guidelines Division.
"Development Document for Effluent Limitations
4. Storm Water Pollution Prevention
Plan Requirements
The conditions that apply to steam
electric power generating facilities are
based on the requirements set forth in
the common permit conditions for storm
water discharges from industrial
activities discussed in today's fact sheet.
The discussion that follows only
addresses conditions that differ from
those common conditions. There are no
additional pollution prevention
requirements beyond the common
conditions for nuclear powered steam
electric generating facilities.
a. Description of Pollutant Sources.
Under the description of pollutant
sources in the storm water pollution
prevention plan requirements,
permittees are required to include a site
map of the facility. The areas required
to be identified on the site map now
also include the following: landfills,
Guidelines and Standards for the Steam Electric
Point Source Category." September 1980. (EPA 440/
1-80/029-b). Page 138.
"EPA. Effluent Guidelines Division.
"Development Document for Effluent Limitations
Guidelines and Standards for the Steam Electric
Point Source Category." September 1980. (EPA 440/
1-80/029-b). Page 138.
96 EPA. Effluent Guidelines Division.
"Development Document for Effluent Limitations
Guidelines and Standards for the Steam Electric
Point Source Category." September 1980. (EPA 440/
1-80/029-b). Page 138.
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50974
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
treatment ponds, scrap yards, general
refuse areas, locations of short and long
term storage of general materials, and
the location of stock pile areas. EPA
believes this is appropriate since these •
areas may potentially be significant
sources of pollutants to storm water. In
addition, the site map must also
indicate the outfall locations and the
types of discharges contained in the
drainage areas of the outfalls (e.g., storm
water and air conditioner condensate).
In order to increase the readability of
the map, the inventory of the types of
discharges contained in each outfall
may be kept as an attachment to the site
map.
b. Measures and Controls. Under the
description of measures and controls in
the storm water pollution prevention
plan requirements, this section requires
that all areas that may contribute
pollutants to storm water discharges
shall be maintained in a clean, orderly
manner. This section also requires that
the following 15 areas must be '
specifically addressed:
(1) Fugitive Dust Emissions. The plan
must describe measures that prevent or
minimize fugitive dust emissions from
coal handling areas. The permittee shall
consider establishing procedures to
minimize offsite tracking of coal dust.
To prevent offsite tracking the facility
may consider specially designed tires,
or washing vehicles in a designated area
before they leave the site, and
controlling the wash water.
(2) Delivery Vehicles. The plan must
describe measures that prevent or
minimize contamination of storm water
runoff from delivery vehicles arriving
on the plant site. At a minimum the
permittee should consider the
following:
(a) Develop procedures for the
inspection of delivery vehicles arriving
on the plant site, and ensure overall
integrity of the body or container.
(b) Develop procedures to control
leakage or spillage from vehicles or
containers, and ensure that proper
protective measures are available for
personnel and environment.
(3) Fuel Oil Unloading Areas. The
plan must describe measures that
prevent or minimize contamination of
storm water runoff from fuel oil
unloading areas. At a minimum the
facility operator must consider using the
following measures or an equivalent:
(a) Use containment curbs in
unloading areas.
(b) During deliveries station personnel
familiar with spill prevention and
response procedures must be present to
ensure that any leaks or spills are
immediately contained and cleaned up.
(c) Use spill and overflow protection
(drip pans, drip diapers, and/or other
containment devices shall be placed
beneath fuel oil connectors to contain
any spillage that may occur during
deliveries or due to leaks at such
connectors).
(4) Chemical Loading/Unloading
Areas. The plan must describe measures
that prevent or minimize the
contamination of storm water runoff
from chemical loading/unloading areas.
At a minimum the permittee must
consider using the following measures
or an equivalent: ,
(a) Use containment curbs at chemical
loading/unloading areas to contain
spills.
(b) During deliveries station personnel
familiar with spill prevention and
response procedures must be present to
ensure that any leaks or spills are
immediately contained and cleaned up.
Where practicable chemical loading/
unloading areas should be covered, and
chemicals should be stored indoors.
(5) Miscellaneous Loading/Unloading
Areas. The plan must describe measures
that prevent or minimize the
contamination of storm water runoff
from loading and unloading areas. The
facility may consider covering the
loading area, minimizing storm water
runon to the loading area by grading,
berming, or curbing the area around the
loading area to direct storm water away
from the area, or locate the loading/
unloading equipment and vehicles so
that leaks can be controlled in existing
containment and flow diversion
systems.
(6) Liquid Storage Tanks. The plan
must describe measures that prevent or
minimize contamination of storm water
runoff from above ground liquid storage
tanks. At a minimum the facility
operator must consider employing the
following measures or an equivalent:
(a) Use protective guards around
tanks.
(b) Use containment curbs.
(c) Use spill and overflow protection
(drip pans, drip diapers, and/or other
containment devices shall be placed
beneath chemical connectors to contain
any spillage that may occur during
deliveries or due to leaks at such
connectors).
(dj Use dry cleanup methods.
(7) Large Bulk Fuel Storage tanks.
The plan must describe measures that
prevent or minimize contamination of
storm water runoff from liquid storage
tanks. At a minimum the facility
operator must consider employing the
following measures or an equivalent: •
(a) Comply with applicable State and
Federal laws, including Spill Prevention
Control and Countermeasures (SPCC)
(b) Containment berms.
(8) The plan must describe measures
to reduce the potential for an oil or
chemical spill, or reference the
appropriate section of their SPCG plan.
At a minimum the structural integrity of
all above ground tanks, pipelines,
pumps and other related equipment
shall be visually inspected on a weekly
basis. All repairs deemed necessary
based on the findings of the inspections
shall be completed immediately to
reduce the incidence of spills and leaks
occurring from such faulty equipment.
(9) Oil Bearing Equipment in
Switchyards. The plan must describe
measures to reduce the potential for
storm water contamination from oil
bearing equipment in switchyard areas.
The facility may consider level grades
and gravel surfaces to retard flows and
limit the spread of spills; collection of
storm water runoff in perimeter ditches.
(10) Residue Hauling Vehicles. All
residue hauling vehicles shall be
inspected for proper covering over the
load, adequate gate sealing and overall
integrity of the body or container.
Vehicles without load covers or
adequate gate sealing, or with poor body
or container conditions must be
repaired as soon as practicable.
(11) Ash Loading Areas. Plant
procedures shall be established to
reduce and/or control the tracking of
ash or residue from ash loading areas
including, where practicable,
requirements to clear the ash building
floor and immediately adjacent
roadways of spillage, debris and excess
water before each loaded vehicle
departs.
(12) Areas Adjacent to Disposal Ponds
or Landfills. The plan must describe
measures that prevent or minimize
contamination of storm water runoff
from areas adjacent to disposal ponds or
landfills. The facih'ty must develop
procedures to:
(a) Reduce ash residue which may be
tracked on to access roads traveled by
residue trucks or residue handling
vehicles.
(b) Reduce ash residue on exit roads
leading into and out of residue handling
areas.
(13) Landfills, Scrapyards, and
General Refuse Sites. The plan must
address landfills, scrapyards, and
general refuse sites. The permittee is
referred to Parts XI.L. and XI.N. of
today's permit (Storm Water Discharges
From Landfills and Land Application
Sites and Scrap and Waste Material
Processing and Recycling Facilities,
respectively) for applicable Best
Management Practices.
(14) Maintenance Activities. For
vehicle maintenance activities
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50975
performed on the plant site, the
permittee shall consider the applicable
Host Management Practices outlined in
Part XI.P. of today's permit (Storm
Water Discharges From Vehicle
Maintenance or Equipment Cleaning
Operations at Motor Freight
Transportation Facilities, Passenger
Transportation Facilities, Petroleum
Bulk Oil Stations and Terminals, or the
United States Postal Service).
(15) Material Storage Areas. The plan
must describe measures that prevent or
minimize contamination of storm water
from material storage areas (including
areas used for temporary storage of
miscellaneous products and
construction materials stored in lay
down areas). The facility operator may
consider flat yard grades, runoff
collection in graded swales or ditches,
erosion protection measures at steep
outfall sites (e.g., concrete chutes,
riprap, stilling basins), covering lay
down areas, storing the materials
indoors, covering the material with a
temporary covering made of
polyethylene, polyurethane,
polypropylene, or hypalon. Storm water
runon may be minimized by
constructing an enclosure or building a
berm around the area.
Based on information provided in part
1 of the group application process, the
management practices applicable to the
15 areas listed above are commonly
used at many steam electric power
generating facilities. EPA believes that
tho incorporation of management
practices to accomplish the objectives
described above, in conjunction with
the baseline requirements, will
substantially reduce the potential for
those activities and areas to significantly
contribute to the pollution of storm
water discharges. EPA believes that
these requirements provide the
necessary flexibility to address the
variable risk for pollutants in storm
water discharges associated with
different facilities.
(c) Inspections. Under the inspection
requirements of the storm water
pollution prevention plan elements, this
section requires that in addition to the
comprehensive site evaluation required
under Part Vin.C.4. of today's permit,
qualified facility personnel shall be
identified to inspect designated
equipment and areas of the facility on
a monthly basis. The following areas
shall bo included in the inspection: coal
handling areas, fueling areas, loading/
unloading areas, switchyards, bulk
storage areas, ash handling areas, areas
adjacent to disposal ponds and landfills,
maintenance areas, liquid storage tanks
and long term and short term material
storage areas. A set of tracking or follow-
up procedures shall be used to ensure
that appropriate actions are taken in
response to the inspections. Records of
inspections shall be maintained onsite.
The purpose of the inspections is to
check on the implementation of the
storm water pollution prevention plan.
The inspections allow facility personnel
to monitor the success or failure of
elements of the plan on a regular basis.
d. Employee Training. Steam electric
power generating facilities are required
to identify periodic training dates in the
pollution prevention plan, but in all
cases training must be held at least
annually. EPA believes that such a
frequency is necessary due to the many
areas with a high potential for
contamination of storm water.
5. Numeric Effluent Limitations
Coal pile runoff is subject to the
effluent guidelines described in Part V.B
of today's permit. However, steam
electric generating facilities must
comply with the requirement of Part V.B
immediately upon permit issuance.
Steam electric generating facilities are
not permitted to take 3 years to meet
this requirement.
6. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that steam
electric power generating facilities may
reduce the level of pollutants in storm
water runoff from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. In order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan and to characterize the discharge
for potential environmental impacts, the
permit requires steam electric power
generating facilities to collect and
analyze samples of their storm water
discharges for the pollutant listed in
Table O-3. The pollutant listed in Table
O—3 was found to be above levels of
concern for a significant portion of
steam electric power generating
facilities that submitted quantitative
data in the group application process.
Because this pollutant has been reported
at or above levels of concern from steam
electric power generating facilities, EPA
is requiring monitoring after the
pollution prevention plan has been
implemented to assess the effectiveness
of the pollution prevention plan and to
help ensure that a reduction of
pollutants is realized.
Under the Storm Water Regulations at
40 CFR 122.26(b)(14), EPA defined
"storm water discharge associated with
industrial activity". The focus of today's
permit is to address the presence of
pollutants that are associated with the
industrial activities identified in this
definition and that might be found in
storm water discharges. Under the
methodology for determining analytical
monitoring requirements, described in
section VI.E.l of this fact sheet, zinc is
above the bench mark concentrations for
the steam electric generating facilities
sector. After a review of the nature of
industrial activities and the significant
materials exposed to storm water
described by facilities in this sector,
EPA has determined that the higher
concentrations of zinc are not likely to
be caused by the industrial activity, but
may be primarily due to non-industrial
activities on-site. Today's permit does
not require steam electric generating
facilities to conduct analytical
monitoring for this parameter.
At a minimum, storm water
discharges from steam electric power
generating facilities must be monitored
quarterly during the second year of
permit coverage. Samples must be
collected at least once in each of the
following periods: January through
March; April through June; July through
September; and October through
December. At the end of the second year
of permit coverage, a facility must
calculate the average concentration for
each parameter listed in Table O-3. If
the permittee collects more than four
samples in this period, then they must
calculate an average concentration for
each pollutant of concern for all
samples analyzed.
TABLE O-3.—MONITORING REQUIRE-
MENTS FOR STEAM ELECTRIC
POWER GENERATING FACILITIES
Pollutant of concern
Total Recoverable Iron ...
Cut-Off concentra-
tion
1.0 mg/L
If the average concentration for a
parameter is less than or equal to the
value listed in Table O-3, then the
permittee is not required to conduct
quantitative analysis for that parameter
during the fourth year of the permit. If,
however, the average concentration for
a parameter is greater than the cut-off
concentration listed in Table O-3, then
the permittee is required to conduct
quarterly monitoring for that parameter
during the fourth year of permit
coverage. Monitoring is not required
during the first, third, and fifth year of
the permit. The exclusion from
monitoring in the fourth year of the
permit is conditional on the facility
maintaining industrial operations and
BMPs that will ensure a quality of storm
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5O97G
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
water discharges consistent with the
average concentrations recorded during
the second year of the permit.
TABLE O-5.—Schedule of Monitoring
2nd Year of Permit Coverage .
4th Year of Permit Coverage ,
conduct quarterly monitoring.
calculate the average concentration for all parameters analyzed during this period.
if average concentration is greater than the value listed in Table O-3, then quarterly sampling
is required during the fourth year of the permit.
if average concentration is less than or equal to the value listed in Table O-3, then no further
sampling is required for that parameter.
conduct quarterly monitoring for any parameter where the average concentration in year two of
the permit is greater than the value listed in Table O-3.
if industrial activities or the pollution prevention plan have been altered such that storm water
discharges may be adversely affected, quarterly monitoring is required for all parameters of
concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
The monitoring cut off concentrations
listed in Table O-3 are not numerical
effluent limitations. These values
represent a level of pollutant discharge
which facilities may achieve through
the implementation of pollution
prevention plans. At least half of the
facilities which submitted Part 2 data,
reported concentrations greater than or
equal to the values listed in Table O-3.
Facilities which achieve average
discharge concentrations which are less
than or equal to the values in Table O—
3 are not relieved from the pollution
prevention plan requirements or any
' other requirements of the permit.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities which do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
the monitoring reports required under
paragraph c. below, 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
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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph c. below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within
three months of the conclusion of each
year. For each outfall, one signed
Discharge Monitoring Report form must
be submitted to the Director per storm
event sampled. For facilities conducting
monitoring beyond the minimum '
requirements an additional Discharge
Monitoring Report Form must be filed
for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. 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.
If storm water discharges associated
with industrial activity commingle with
process or non-process water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50977
Includes in the storm water pollution
Erovontion plan a description of the
>cation of Die outfalls and explaining
in detail why the outfalls are expected
to discharge substantially identical
effluent. In addition, for each outfall
that tho permittee believes is
representative, an estimate of the size of
tho 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.
/. Compliance Monitoring
Requirements. Today's permit requires
permittees with coal pile runoff
associated with steam electric power
generation to monitor for the presence
of total suspended solids and pH at least
annually. Those monitoring
requirements are necessary to evaluate
compliance with the numeric effluent
limitation imposed on these discharges.
Monitoring shall be performed upon a
minimum of one grab sample. All
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. Tho grab sample shall be taken
during the first 30 minutes of the
discharge. If the collection of a grab
sample during the first 30 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 30 minutes was impracticable.
Monitoring results shall be submitted on
Discharge Monitoring Report Form(s)
postmarked no later than the last day of
tho month following collection of the
sample. For each outfall, one Discharge
Monitoring Report from must be
submitted per storm event sampled.
Facilities which discharge through a
large or medium municipal separate
storm sewer system (systems serving a
population of 100,000 or more) must
also submit signed copies of discharge
monitoring reports to the operator of the
municipal separate storm sewer system.
Alternative Certification provisions
described in Section XI.O.5 do not
apply to facilities subject to compliance
monitoring requirements in this section.
Compliance monitoring is required at
least annually for discharges subject to
effluent limitations. Therefore, EPA
cannot permit a facility to waive
compliance monitoring.
g. Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
examinations of storm water discharges
from each outfall are required at steam
electric generating facilities. The
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, or other obvious indicators of
storm water pollution. The examination
must be conducted in a well lit area. No
analytical tests are required to be
performed on these samples.
The examination must be made at
least once in each quarter of the permit
during daylight unless there is
insufficient rainfall or snow-melt to
runoff. Where practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 60 minutes) of when the
runoff begins discharging. Reports of the
visual examination include: the
examination date and time, examination
personnel, visual quality of the storm
water discharge, and probable sources of
any observed storm water
contamination. The visual examination
reports must be maintained onsite with
the pollution prevention plan.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands on
examination will enhance the staffs
understanding of the storm water
problems on that site and effects on the
management practices that are included
in the plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
P. Storm Water Discharges Associated
With Industrial Activity From Motor
Freight Transportation Facilities,
Passenger Transportation Facilities,
Petroleum Bulk Oil Stations and
Terminals, Rail Transportation
Facilities, and United States Postal
Service Transportation Facilities
1. Discharges Covered Under This
Section
Special conditions have been
developed for ground transportation
facilities and rail transportation
facilities that have vehicle and
equipment maintenance shops (vehicle
and equipment rehabilitation,
mechanical repairs, painting, fueling
and lubrication) and equipment
cleaning operations. Vehicle and
equipment maintenance is a broad term
used to include the following activities:
vehicle and equipment fluid changes,
mechanical repairs, parts cleaning,
sanding, refinishing, painting, fueling,
locomotive sanding (loading sand for
traction), storage of vehicles and
equipment waiting for repair or
maintenance, and storage of the related
materials and waste materials, such as
oil, fuel, batteries, tires, or oil filters.
Equipment cleaning operations include
areas where the following types of
activities take place: vehicle exterior
wash down, interior trailer washouts,
tank washouts, and rinsing of transfer
equipment. Any storm water discharges
from facilities where such activities take
place are subject to the special
conditions described in Part XI.P. of
today's permit.
The conditions in this section apply
to storm water discharges from vehicle
and equipment maintenance shops or
cleaning operations located on any of
the industrial facilities covered under
the storm water application regulations
(40 CFR 122.26) and applying for
coverage under this permit.
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50978
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
As background, the storm water
application regulations define storm
water discharge associated with
industrial activity at 40 CFR
122.26(b)(14). Category (viii) of this
definition includes transportation
facilities classified as Standard
Industrial Classification (SIC) codes 40,
41, 42 (except 4221-25), 43, 44, 45, and
5171 that have vehicle and equipment
maintenance shops, equipment cleaning
operations, or airport deicing
operations. The category further states
that only those portions of the facility
that are either involved in vehicle and
equipment maintenance (including
vehicle and equipment rehabilitation,
mechanical repairs, painting, fueling,
and lubrication), equipment cleaning
operations, or airport deicing operations
are associated with industrial activity.
The facilities that would potentially be
covered by this section of today's permit
are transportation facilities (commonly
assigned SIC codes 40, 41, 42,43, and
5171).
This sector includes facilities
primarily engaged in furnishing
transportation by line-haul railroad, and
switching and terminal establishments
(SIC code 40). The following are
examples of these types of facilities:
electric railroad line-haul operation,
railroad line-haul operation, interurban
railways, beltline railroads, logging
railroads, railroad terminals, and
stations operated by railroad terminal
companies.
Facilities primarily engaged in
furnishing local and suburban
transportation (SIC code 41), such as
those providing transportation in and
around a municipality by bus, rail, or
subway are also covered under this
section. Examples include: bus line
operation, airport transportation service
(road or rail), cable car operation,
subway operation, ambulance service,
sightseeing buses, van pool operation,
limousine rental with drivers, taxicab
operation, and school buses not
operated by the educational institution.
In addition, facilities providing local
or long-distance trucking, transfer, and/
or storage services (SIC code 42) are
included in this sector. The following
are examples of such facilities: hauling
by dump truck, trucking timber,
contract mail carriers, furniture moving,
garbage collection without disposal,
over-the-road trucking, long distance
trucking, and freight trucking terminal.
All establishments of the United
States Postal Service (SIC code 43) and
establishments engaged in the wholesale
distribution of crude petroleum and
petroleum products from bulk liquid
storage facilities (SIC code 5171) are
also covered under this sector.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Pollutants Found in Storm Water
Discharges From Vehicle and
Equipment Maintenance and Cleaning
Operations
The following table lists potential
pollutant source activities that
commonly take place at vehicle and
equipment maintenance and equipment
cleaning operations.
TABLE P-1.—POTENTIAL POLLUTANT SOURCE ACTIVITIES AT VEHICLE AND EQUIPMENT MAINTENANCE AND EQUIPMENT
CLEANING OPERATIONS
Activity
Pollutant source
Pollutant
Fueling.
Vehicle and equipment main-
tenance.
Outdoor vehicle and equip-
ment storage and parking.
Painting areas
Railroad locomotive sanding ...
Vehicle or equipment washing
areas.
Liquid storage in above
ground storage.
Spills and leaks during fuel delivery
Spills caused by "topping off' fuel tanks
Rainfall falling on the fuel area or storm water running
onto the fuel area.
Hosing or washing down fuel area
Leaking storage tanks
Parts cleaning ...
Waste disposal of greasy rags, oil filters, air filters,
batteries, hydraulic fluids, transmission fluid, radiator
fluids, degreasers.
Spills of oil, degreasers, hydraulic fluids, transmission
fluid, radiator fluids.
Fluids replacement, including oil, hydraulic fluids,
transmission fluid, radiator fluids.
Leaking vehicle fluids including hydraulic lines and ra-
diators, leaking or improperly maintained locomotive
on-board drip collection systems, brake dust..
Paint and paint thinner spills
Spray painting
Sanding or paint stripping
Paint clean-up
Loading traction sand on locomotives ....
Washing or steam cleaning
External corrosion and structural failure ....
Installation problems
Spills and overfills due to operator error
Failure of piping systems (pipes, pumps, flanges, cou-
plings, hoses, and valves).
Fuel, oil, heavy metals.
Fuel, oil, heavy metals.
Fuel, oil, heavy metals.
Fuel, oil, heavy metals.
Fuel, oil, heavy metals.
Chlorinated solvents, oil, heavy metals, acid/alkaline
wastes.
Oil, heavy metals, chlorinated solvents, acid/alkaline
wastes, ethylene glycol.
Oil, arsenic, heavy metals, organics, chlorinated sol-
vents, ethylene glycol.
Oil, arsenic, heavy metals, organics, chlorinated sol-
vents, ethylene glycol.
Oil, hydraulic fluids, arsenic, heavy metals, organics,
fuel.
Paint, spent chlorinated solvents, heavy metals.
Paint solids, heavy metals.
Dust, paint solids, heavy metals.
Paint, spent chlorinated solvents, heavy metals.
Sediment.
Oil, detergents, heavy metals, chlorinated solvents,
phosphorus, salts, suspended solids.
Fuel, oil, heavy metals, materials being stored.
Fuel, oil, heavy metals, materials being stored.
Fuel, oil, heavy metals, materials being stored.
Fuel, oil, heavy metals, materials being stored
_
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50979
TABLE P-1.—POTENTIAL POLLUTANT SOURCE ACTIVITIES AT VEHICLE AND EQUIPMENT MAINTENANCE AND EQUIPMENT
CLEANING OPERATIONS—Continued
Activity
Pollutant source
Pollutant
Cold weather activities
Improper connections to storm
sewer.
Leaks or spills during pumping of liquids from barges,
trucks, or rail cars to a storage facility.
Salt application
Dirt/ash application
Process wastewater
Sanitary water
Floor drains ,
Vehicle washwaters,
Radiator flushing wastewater
Leaky underground storage tanks
Fuel, oil, heavy metals, materials being stored.
Sodium chloride.
Suspended solids, heavy metals
Dependent op operations.
Bacteria, biochemical oxygen demand (BOD), sus-
pended solids.
Oil, heavy metals, chlorinated solvents, fuel, ethylene
glycol.
Oil, detergents, metals, chlorinated solvents, phos-
phorus, suspended solids.
Ethylene glycol.
Materials stored or previously stored.
Sources: EPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention—The Automotive Refinishinq Industry."
EPA/625/7-91/016.
EPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention—The Automotive Repair Industry." EPA/625/7-91/
013<
EPA, Office of Research and Development. May 1992. "Facility Pollution Prevention Guide." EPA/600/R-92/088.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities—Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-006.
U.S. Postal Service. May 1992. "NPDES/Storm Water Guide." AS-554.
Based on the \vide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the land
transportation industry into subsectors
to properly analyze sampling data and
determine monitoring requirements. As
a result, this sector has been divided
into the following subsectors: railroad
transportation; local and highway
passenger transportation; motor freight
transportation and warehousing; United
States Postal Service; and petroleum
TABLE P-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY RAILROAD
PART II SAMPLING DATA' (mg/L)
bulk stations and terminals. The tables
below include data for the eight
pollutants that all facilities were
required to monitor for under Form 2F.
The tables also list those parameters that
EPA has determined may merit further
monitoring.
TRANSPORTATION FACILITIES SUBMITTING
Pefettnt,
Stmpfa
BOOj ,
o ,„.,„„„„„„.„„.„,„.„„,„„„.,..,
N*ai« + NWe Nitrogen
Total KjokUhl Nitrogen
OH ft GfMM .,.„„.„„„„„„.,„,„„, ,
pH „
Total Phosphoroi ...»
Tottl Suspended SoSdj ___.„.„
Uid, Total „„„„„„„..,.„,„„ .........
Tine, Total
I of Facilities
Grab
100
102
103
103
104
95
103
103
3
3
Comp"
89
89
89
89
N/A
H'A
89
89
4
4
1 of Samples
Grab
141
143
144
144
144
133
144
144
4
3
Comp
126
124
124
124
N/A
N/A
124
124
6
5
Mean
Grab
17.3
320.0
1.57
4.35
33.7
N/A
2.85
474
0.088
0.487
Comp
9.6
179.8
1.32
3.00
N/A
N/A
1.02
221
0.048
0.337
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
3.6
0.00
0
0.042
0.140
Comp
' 0.0
0.0
0.00
0.00
N/A
N/A
0.00
0
0.012
0.160
Maximum
Grab
310.0
11800
19.50
72.00
3340.0
10.2
180.00
4680
0.130
0.920
Comp
155.0
3470.0
19.00
58.00
N/A
N/A
23.00
2620
0.070
0.510
Median
Grab
7.0
145.0
0.92
1.90
0.0
7.3
0.55
176
0.09
0.40
Comp
6.0
89.0
0.78
1.50
N/A
N/A
0.44
77
0.06
0.28
95th Percentile
Grab
51.8
879.3
5.66
13.63
46.92
9.2
7.05
2717
0.208
1.756
Comp
26.8
475.3
3.68
8.79
N/A
N/A
3.51
1000
0.151
0.704
99th Percentile
Grab
102.8
1848.1
12.01
29.13
140.26
10.2
19.63
9367
0.313
3.341
Comp
44.8
927.8
6.76
17.39
N/A
N/A
8.19
2853
0.268
0.995
lAppScatkxu tturt tSd nd report the units ol measurement (or the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
SMumGu IOMO.
» Composite tampto*. . '
TABLE P-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY LOCAL AND HIGHWAY PASSENGER
TRANSPORTATION FACILITIES SUBMITTING PART II SAMPLING DATA1 (mg/L)
Polutant.
Sumplo
"fify ,„-„-,-„„,,„-, ,-„ , ,
CO" ,„-„„„„„„,„„„„„„„„„.„„„„„., „„„.„„,„„„ , ,
MSVata + Nitrttft NSfogflfl
Total KfeJdaM N&ogen
OflftOfWIO .......,..„,.„„„„„ ,„ ,,
PH ....,...,..,...,..,.....,„„.„„„ „„„„ , 4. u
Total Phosphorus
ToW Suspended SoBd* „_
* of Facilities
Grab
46
47
46
45
53
52
47
46
Comp"
45
45
43
44
N/A
N/A
45
46
t of Sam-
ples
Grab
50
51
50
49
59
58
52
50
Comp
50
50
48
49
N/A
N/A
50
51
Mean
Grab
15.9
51.4
14.39
422
47.1
N/A
0.92
246
Comp
12.3
39.2
7.66
2.37
N/A
N/A
0.65
134
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
4.7
0.00
0
Comp
0.0
0.0
0.10
0.00
N/A
N/A
0.00
0
Maximum
Grab
235.3
376.0
181.40
81.26
771.0
9.4
7.50
2320
Comp
104.8
216.0
104.00
15.74
N/A
N/A
7.00
802
Median
Grab
8.5
18.5
1.79
1.82
6.0
7.0
0.33
70
Comp
6.3
18.4
1.30
1.20
N/A
N/A
0.33
41
95th Percentile
Grab
46.4
186.2
66.44
11.84
183.0
8.8
3.40
1319
Comp
41.3
123.8
28.71
8.23
N/A
N/A
2.32
725
99th Percentile
Grab
' 91.6
411.4
265.35
24.12
621.6
9.7
8.20
4590
Comp
85.4
228.8
96.75
16.53
N/A
N/A
5.12
2397
•AppteMiafll ttfflj did not report the units ol measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
"Compoilo somptoj.
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5OQ80
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE P-4.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY MOTOR FREIGHT TRANSPORTATION AND
WAREHOUSING FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
Pollutant,
Sample
BOD3 „
COD
Total Kjeldahl Nitrogen
Oil & Grease
pH
Total Phosphorus
Total Suspended Solids
Zinc, Total ;
* of Facilities
Grab
183
185
179
185
188
161
184
185
7
Comp"
159
158
159
159
N/A
N/A
157
158
5
* of Sam-
ples
Grab
237
242
234
242
245
215
238
242
7
Comp
212
210
210
211
N/A
N/A
208
210
5
Mean
Grab
16.5
146.1
1.47
2.25
14.0
N/A
1.09
466
0594
Comp
9.1
82.0
1.30
1.46
N/A
N/A
0.61
360
0.159
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
2.6
0.00
0
0.031
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.00
0
0.020
Maximum
Grab
510.0
1800.0
90.80
24.00
1340.0
9.5
37.40
4700
1.100
Comp
66.0
600.0
60.50
15.00
N/A
N/A
6.80
20900
0.370
Median
Grab
7.0
79.0
0.61
1.40
2.8
7.3
0.32
159
0.17
Comp
5.5
50.5
0.49
1.10
N/A
N/A
0.29
90
0.08
95th Percentile
Grab
48.9
475.6
3.86
6.73
37.8
9.6
3.64
2638
1.111
Comp
27.4
253.8
3.63
4.23
N/A
N/A
2.16
1448
0.680
99lh Percentile
Grab
1002
968.6
821
12.70
95.1
11
9.30
9012
2.434
Comp
49.6
479.8
8.16
7.39
N/A
N/A
4.72
4615
1.496
1 Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
TABLE P-5.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY UNITED STATES POSTAL SERVICE FACILITIES
SUBMITTING PART II SAMPLING DATA! (mg/L)
Pollutant,
Sample
BOD5
COD ;
Nitrate + Nitrite Nitrogen
Total Kjektahl Nitrogen
pH
Total Suspended Solids
Zinc, Total .'.
* of Facilities
Grab
16
16
16
16
16
16
16
15
14
Comp"
16
16
16
16
N/A
N/A
16
16
15
if of Sam-
ples
Grab
22
22
22
22
22
22
22
21
18
Comp
22
22
22
22
N/A
N/A
22
22
18
Mean
Grab
8.1
51.4
0.52
1.80
5.4
N/A
0.46
16
0528
Comp
9.2
33.8
0.75
1.91
N/A
N/A
0.47
13
0.175
Minimum
Grab
0.0
5.6
0.11
0.00
0.0
0.1
0.00
0
0.000
Comp
0.0
0.0
0.07
0.00
N/A
N/A
0.00
0
0.000
Maximum
Grab
25.0
350.0
1.30
11.00
21.0
8.4
2.50
77
1.400
Comp
62.0
190.0
1.80
11.00
N/A
N/A
3.40
86
0.660
Median
Grab
5.5
26.5
0.40
1.05
4.4
6.7
0.28
4
0.11
Comp
4.8
19.5
0.61
0.97
N/A
N/A
0.20
1
0.11
95th Percentile
Grab
22.6
148.2
1.47
5.01'
16.0
1.41
88
1.870
Comp
25.2
95.5
2.51
6.08
N/A
N/A
1.79
77
1.069
99th Percentile
Grab
38.0
291.5
2.57
8.98
27.3
2.77
210
6.335
Comp
44.5
167.6
4.81
12.22
N/A
N/A
4.48
254
2.836
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
TABLE P-6.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY PETROLEUM BULK STATIONS AND TERMINALS
SUBMITTING PART II SAMPLING DATA' (mg/L)
Pollutant,
Sample
BODj
COD
Nitrate + Nitrite Nitrogen
Total Kjeldahl Nitrogen
pH „...
Total Suspended Solids
f of Facilities
Grab
11
11
11
10
11
10
11
11
Comp"
10
10
10
9
N/A
N/A
10
10
* of Sam-
ples
Grab
11
11
11
10
11
10
11
11
Comp
10
10
10
9
N/A
N/A
10
10
Mean
Grab
27.7
118.3
1.07
2.60
8.8
N/A
0.61
253
Comp
10.2
75.9
0.74
2.02
N/A
N/A
0.45
151
Minimum
Grab
1.3
15.0
0.00
0.00
0.0
6.0
0.00
6
Comp
0.0
9.3
0.00
0.00
N/A
N/A
0.04
0
Maximum
Grab
120.0
390.0
5.10
5.80
28.0
9.3
4.60
1090
Comp
31.0
200.0
2.90
4.60
N/A
N/A
2.0
560
Median
Grab
8.0
94.0
0.35
2.80
5.4
7.8
0.12
106
Comp
9.0
60.5
0.39
2.00
N/A
N/A
057
93
,95th Percentile
Grab
111.5
432.7
4.83
7.14
36.7
9.6
1.90
1612
Comp
26.0
232.4
350
4.39
N/A
N/A
1.71
633
99th Percentile
Grab
303.4
900.6
13.44
11.47
78.5
10.5
4.82
5567
Comp
40.6
412.4
7.51
6.11
N/A
N/A,
3.92
1387
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
3. Options for Controlling Pollutants
The measures commonly
implemented to reduce pollutants in
storm water associated with vehicle and
equipment maintenance and equipment
cleaning operations are generally
uncomplicated practices. The following
table identifies best management
practices (BMPs) associated with
different activities that routinely take
place at vehicle and equipment
maintenance and equipment cleaning
operations.
TABLE P-7.—COMMON STORM WATER MANAGEMENT CONTROLS FOR ACTIVITIES AT VEHICLE AND EQUIPMENT
MAINTENANCE SHOPS
Activity
BMPs
Fueling
Vehicle and equipment maintenance
Use spill and overflow protection.
Minimize runon of storm water into the fueling area by grading the area such that storm water
only runs off.
Reduce exposure of the fuel area to storm water by covering the area.
Use dry cleanup methods for fuel area rather than hosing the fuel area down.
Use proper petroleum spill control.
Perform preventive maintenance on storage tanks to detect potential leaks before they occur.
Inspect the fueling area to detect problems before they occur.
Train employees on proper fueling techniques.
Maintain an organized inventory of materials used in the maintenance shop.
Dispose of greasy rags, oil filters, air filters, batteries, spent coolant, and degreasers properly.
Label and track the recycling of waste material (e.g., used oil, spent solvents, batteries).
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50981
TABLE P-7.—COMMON STORM WATER MANAGEMENT CONTROLS FOR ACTIVITIES AT VEHICLE AND EQUIPMENT
MAINTENANCE SHOPS—Continued
Activity
BMPs
Outdoor vehicle and equipment storage and
parking.
Locomotive sanding areas.
Palnling areas
Vehicle or equipment washing areas
Liquid storage In above ground storage.
Cold weather activities
Improper connections to storm sewer,
Drain oil filters before disposal or recycling.
Drain and contain all fluids from wrecked vehicles and "parts" cars.
Store cracked batteries in a nonleaking secondary container.
Promptly transfer used fluids to the proper container; do not leave full drip pans or other open
containers around the shop. Empty and clean drip pans and containers.
Do not pour liquid waste down floor drains, sinks, or outdoor storm drain inlets.
Plug floor drains that are connected to the storm or sanitary sewer; if necessary, install a sump
that is pumped regularly.
Inspect the maintenance area regularly for proper implementation of control measures.
Train employees on proper waste control and disposal procedures.
Use drip pans under all vehicles and equipment waiting for maintenance.
Cover the storage area with a roof.
Inspect the storage yard for filling drip pans and other problems regularly.
Train employees on procedures for storage and inspection items.
Cover sand storage piles.
Install sediment traps.
Install curbs or dikes around storage piles to minimize storm water runon.
Keep paint and paint thinner away from traffic areas to avoid spills.
Spray paint in an Occupational Safety and Health Act (OSHA) approved hood.
Use effective spray equipment that delivers more paint to the target and less over-spray.
Avoid sanding in windy weather and collect and dispose of waste properly.
Recycle paint, paint thinner, and solvents.
Inspect painting procedures to ensure that they are conducted properly.
Train employees on proper sanding, painting, and spraying techniques.
Avoid washing parts or equipment outside.
Use phosphate-free biodegradable detergents.
Designate an area for cleaning activities.
Contain and recycle washwaters.
Ensure that washwaters drain well.
Inspect cleaning area regularly.
Train employees on proper washing procedures.
Maintain good integrity of all storage containers.
Install safeguards (such as diking or berming) against accidental releases at the storage area.
Inspect storage tanks to detect potential leaks and perform preventive maintenance.
Inspect piping systems (pipes, pumps, flanges, couplings, hoses; and valves) for failures or leaks.
Train employees on proper filling and transfer procedures.
Minimize salt application.
Use uncontaminated dirt or ash, if use is necessary.
Train employees on proper salt, dirt, sand, or ash application
Plug all floor drains connected to sanitary or storm sewer or if connection is unknown. Alter-
natively, install a sump that is pumped regularly.
Perform smoke or dye testing to determine if interconnections exist between sanitary water sys-
tem and storm sewer system.
Update facility schematics to accurately reflect all plumbing connections.
Install a safeguard against vehicle washwaters entering the.storm sewer Unless permitted.
Maintain and inspect the integrity of all underground storage tanks; replace when necessary.
Train employees on proper disposal practices for all materials.
Sources: NPDES Storm Water Group Applications—Part 1. Received by EPA March 18,1991, through December 31,1992.
EPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention—The Automotive Refinishing Industry." EPA/625/7-
91/016.
EPA, Office of Research and Development October 1991. "Guides to Pollution Prevention—The Automotive Repair Industry." EPA/625/7-91/
013.
EPA, Office of Research and Development. May 1992. "Facility Pollution Prevention Guide." EPA/600/R-92/088. _
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities—Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-006.
U.S. Postal Service. May 1992. "NPDES/Storm Water Guide." AS-554.
4. Pollutant Control Measures Required
Through Other EPA Programs
EPA recognizes that other programs
address the operation of vehicle and
equipment maintenance and equipment
cleaning operations. In particular, as
described below, the Resource
Conservation and Recovery Act (RCRA)
and the Underground Storage Tank
(UST) programs require careful
management of materials used onsite
which decreases the probability that
storm water from such areas will be
contaminated by these materials.
Under the RCRA program, on
September 10,1992, EPA promulgated
standards in 40 CFR Part 279 for the
management of used oils that are
recycled (57 FR 41566). These standards
include requirements for used oil
generators, transporters, processors/re-
refmers, and burners. The standards for
used oil generators apply to all
generators, regardless of the amount of
used oil they generate. Do-it-yourself
(DIY) generators which generate used oil
from the maintenance of their personal
vehicles, however, are not subject to the
management standards (Section
279.20(a)(l)).
The requirements for used oil
generators were designed to impose a
minimal burden on generators while
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50983
not authorized by this section and must
be covered under a separate NPDES
permit or discharged to a sanitary sewer
in accordance with applicable industrial
pretreatment requirements.
(5) Vehicle and Equipment
Maintenance Areas. The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from all areas used for
vehicle and equipment maintenance.
The facility shall consider performing
all maintenance activities indoors, using
drip pans, maintaining an organized
inventory of materials used in the shop,
draining all parts of fluids prior to-
disposal, prohibiting the practice of
hosing down the shop floor where the
practice would result in the exposure of
pollutants to storm water, using dry
cleanup methods, collecting the storm
water runoff from the maintenance area
and providing treatment or recycling, or
other equivalent measures.
(6) Locomotive Sanding (Loading
Sand for Traction) Areas. The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from areas used for
locomotive sanding (including
locomotive sanding). The facility shall
consider covering sanding areas,
minimizing storm water runon/runoff,
appropriate sediment removal practices
to minimize the offsite transport of
sanding material by storm water, or
other equivalent measures.
As documented earlier, these six areas
are the common sources of pollutants in
storm water from vehicle and
equipment cleaning and maintenance
activities. Based upon the information
provided in part 1 of the group
application process, the suggested
management measures are commonly
used at ground transportation facilities.
EPA believes that the incorporation of
management practices such as those
suggested, in conjunction with the
baseline requirements, will substantially
reduce the potential that these activities
and areas will significantly contribute to
the pollution of storm water discharges.
In addition, EPA believes that these
requirements continue to provide the
necessary flexibility to address the
variable risk for pollutants in storm
water discharges associated with
different facilities. Further, many
facilities will find that management
measures that they have already
incorporated into the facility's
operation, such as the installation of
overfill protection equipment and
labelling and maintenance of used oil
storage units, that are already required
under existing EPA programs will meet
the requirements of this section.
Under the inspection requirements of
the storm water pollution prevention
plan elements, this section requires that
in addition to the comprehensive site
evaluation required under Part XI of
today's permit, qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility, at a minimum, on a quarterly
basis. The following areas shall be
included in all inspections: storage
areas for vehicles and equipment
awaiting maintenance, fueling areas,
vehicle and equipment maintenance
areas (both indoors and outdoors),
material storage areas, vehicle and
equipment cleaning areas, and loading
and unloading areas. A set of tracking or
follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of all inspections shall be
maintained.
The purpose of the inspections is to
check on the implementation of the
storm water pollution prevention plan.
The inspections allow facility personnel
to monitor the success or failure of
elements of the plan on a regular basis.
The discharger is encouraged to
coordinate these quarterly inspections
with the quarterly visual examinations
of storm water discharges required
under the monitoring section of the
permit. The use of an inspection
checklist is recommended. The
checklist will ensure that all required
areas are inspected, as well as help to
meet the recordkeeping requirements.
Under the employee training
component of the storm water pollution
prevention plan requirements, the
permittee is required to identify annual
(once per year) dates for such training.
Employee training must, at a minimum,
address the following areas when
applicable to a facility: used oil
management; spent solvent
management; spill prevention and
control; fueling procedures; general
good housekeeping practices; proper
painting procedures; and used battery
management. Unlike some industrial
operations, the industrial activities
associated with vehicle and equipment
maintenance that may affect storm water
quality require the cooperation of many
employees, not just one or two people.
EPA, therefore, is requiring that
employee training take place at least
once a year to serve as: (1) training for
new employees that may be involved in
storm water pollution prevention; (2) a
refresher course for existing employees
involved in storm water pollution
prevention; and (3) training for all
affected employees on any storm water
pollution prevention techniques
recently incorporated into the plan.
7. Monitoring and Reporting
Requirements
a. Monitoring Requirements. The
regulatory modifications at 40 CFR
122.44(i)(2) established on April 2,
1992, grant permit writers the flexibility
to reduce monitoring requirements in
storm water discharge permits. EPA has
determined that the potential for storm
water discharges to contain pollutants
above benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
support sampling at facilities in this
section of today's permit. Based on a
consideration of the BMPs typically
used at these facilities, and generally
low pollutant values from the
application data, EPA believes that the
pollution prevention plan with visual
observations of storm water discharges
will help to ensure storm water
contamination is minimized. Because
permittees are not required to conduct
sampling, they will be able to focus
their resources on developing and
implementing the pollution prevention
plan.
Under the Storm Water Regulations at
40 CFR 122.26(b)(14), EPA defined
"storm water discharge associated with
industrial activity". The focus of today's
permit is to address the presence of
pollutants that are associated with the
industrial activities identified in this
definition and that might be found in
storm water discharges. Under the
methodology for determining analytical
monitoring requirements, described in
section VI.E.l of this fact sheet, nitrate
plus nitrite nitrogen, lead and/or zinc
are above the bench mark
concentrations for the railroad
transportation, local and highway
passenger transportation, motor freight
transportation and warehousing, and
United States Postal services subsectors.
After a review of the nature of industrial
activities and the significant materials
exposed to storm water described by
facilities in these subsectors, EPA has
determined that the higher
concentrations of nitrate plus nitrite
nitrogen, lead and/or zinc are not likely
to be caused by the industrial activity,
but may be primarily due to non-
industrial activities on-site. Today's
permit does not require railroad
transportation, local and highway
passenger transportation, motor freight
transportation and warehousing, and
United States Postal services facilities to
conduct analytical monitoring for these
parameters.
Quarterly visual examinations of a
storm water discharge from each outfall
are required at ground transportation
facilities. The examination must be of a
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50982
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
protecting human health and the
environment from the risks associated
with managing used oil. Under Subpart
C of 40 CFRPart 279, used oil
generators must not store used oil in
units other than tanks, containers, or
units subject to regulation under Part
264 or 265 of 40 CFR (Section
279.22(a)). In other words, generators
may store used oil in tanks or containers
that are not subject to Subpart J
(Hazardous Waste Tanks) or Subpart I
(Containers) of Parts 264/265, as long as
such tanks or containers are maintained
in compliance with the used oil
management standards. This does not
preclude generators from storing used
oil in Subpart J tanks or Subpart I
containers or other units, such as
surface impoundments (Subpart K), that
are subject to regulation under Part 264
or 265.
Storage units at generator facilities
must be maintained in good condition
and labeled with the words "used oil."
Upon detection of a release of used oil
to the environment, a generator must
take steps to stop the release, contain
the released used oil, and properly
manage the released used oil and other
materials (Sections 279.22(b) to (d)).
Generators storing used oil in
underground storage tanks are subject to
the UST regulations in 40 CFR Part 280.
If used oft generators ship used oil
offsite for recycling, they must use a
transporter who has notified EPA and
obtained an EPA identification number
(Section 279.24).
The technical standards for USTs at
40 CFR Part 280 require that new UST
systems (defined as systems for which
installation commenced after December
12,1988) use overfill prevention
equipment that will: 1) automatically
shut off flow into the tank when the
tank is no more than 95 percent full; or
2) alert the transfer operator when the
tank is no more than 90 percent full by
restricting the flow into the tank or
triggering a high level alarm. The
preceding requirements do not apply to
systems that are filled by transfers of no
more than 25 gallons at one time.
Existing UST systems (defined as
systems for which installation has
commenced on or before December 12,
1988) are required to have installed the
described overfill prevention equipment
by December 12,1998.
5. Special Conditions
The permit conditions that apply to
ground transportation facilities build
upon the requirements set forth in the
common permit conditions for storm
water discharges from industrial
activities described in the front of this
fact sheet. The discussion that follows, ,
therefore, only addresses conditions that
differ from those required in that
section.
Due to concern that many non-storm
water discharges may be present at
vehicle and equipment cleaning and
maintenance facilities, EPA is requiring
that all facilities provide proof that
these discharges are not commingled
and are appropriately controlled so as to
protect all receiving waters.
Today's permit clarifies in Part HI.A.2.
(Prohibition of Non-storm Water
Discharges) that non-storm water
discharges, including vehicle and
equipment washwaters, are not
authorized by this permit. The operators
of such non-storm water discharges
must obtain coverage under a separate
NPDES permit if discharged to waters of
the U.S. or through a municipal separate
storm sewer system or comply with
applicable industrial pretreatment
requirements if discharged to a
municipal sanitary sewer system. In a
related requirement under the storm
water pollution prevention plan
requirements, the permittee is required
to attach a copy of the NPDES permit
issued for vehicle washwaters or, if an
NPDES permit has not yet been issued;
a copy of pending application to the
plan. For facilities that discharge
vehicle and equipment washwaters to
the sanitary sewer system, the operator
of the sanitary system and associated
treatment plant must be notified. A copy
of the notification letter must be
attached to the plan. If an industrial
user permit is issued under a
pretreatment program, a copy of that
permit must be attached in the plan as
does any other permit to which the
facility is subject. Some facilities may
use other methods of disposal, such as
collecting and hauling the wash water
offsite. In these cases, the facility must
document how the wash water is
disposed and attach all pertinent
documentation of that disposal practice
to the plan.
6. Storm Water Pollution Prevention
Plan Requirements
a. Description of Potential Pollutant
Sources. Under the description of
potential pollutant sources in the storm
water pollution prevention plan
requirements, permittees are required to
include storage areas for vehicles and
equipment awaiting maintenance on
their facility site map. EPA believes that
this is appropriate since this area may
potentially be a significant source of
pollutants to storm water.
b. Measures and Controls. Under the
description of measures and controls in
the storm water pollution prevention
plan requirements, this section requires
that all areas that may contribute
pollutants to storm waters discharges
shall be maintained in a clean, orderly
manner. This section also requires that
the following areas must be specifically
addressed:
(1) Vehicle and Equipment Storage
Areas. The storage of vehicles and
equipment with actual or potential fluid
leaks must be confined to designated
areas (delineated on the site map). The
plan must describe measures that
prevent or minimize contamination of
the storm water runoff from these areas.
The facility shall consider the use of
drip pans under vehicles and
equipment, indoor storage of the
vehicles and equipment, installation of
berming and diking of this area, use of
absorbents, roofing or covering storage
areas, cleaning pavement surface to
remove oil and grease, or other
equivalent methods.
(2) Fueling Areas. The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from fueling areas. The
facility shall consider covering the
fueling area, using spill and overflow
protection and cleanup equipment,
minimizing runon of storm water to the
fueling area, using dry cleanup
methods, collecting the storm water
runoff and providing treatment or
recycling, or other equivalent measures.
(3) Material Storage Areas. Storage •
units of all materials (e.g., used oil, used
oil'filters, spent solvents; paint wastes,
radiator fluids, transmission fluids,
hydraulic fluids) must be maintained in
good condition, so as to prevent
contamination of storm water, and
plainly labeled (e.g., "used oil," "spent
solvents," etc.). The plan must describe
measures that prevent or minimize
contamination of the storm water runoff.
from such storage areas. The facility
shall consider indoor storage of the
materials, installation of berming and
diking of the area or other equivalent
methods.
(4) Vehicle and Equipment Cleaning
Areas. The plan must describe measures
that prevent or minimize contamination
of the storm water runoff from all areas
used for vehicle and equipment
cleaning. The facility shall consider
performing all cleaning operations
indoors, covering the cleaning
operation, ensuring that all washwaters
drain to the intended collection system
(i.e., not the storm water drainage
system unless NPDES permitted),
collecting the storm water runoff from
the cleaning area and providing
treatment or recycling, or other
equivalent measures. The discharge of
vehicle and equipment wash waters,
including tank cleaning operations, are
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50992
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the inspections. The visual
examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
R. Storm Wflter Discharges Associated
With Industrial Activity From Ship and
Boat Buifding or Repairing Yards
1. Discharges Covered Under This
Section
The storm water application
regulations define storm water
discharges associated with industrial
activity at 40 CFR 122.26(b)(14).
Category (ii) of this definition includes
facilities commonly identified by
Standard Industrial Classification (SIC)
codes 24 (except 2434), 26 (except 265
and 267), 28 (except 283 and 285), 29,
311, 32 (except 323), 33, 3441, and 373.
The conditions in this section apply to
those facilities primarily engaged in
ship and boat building and repairing
services (SIC code 373). The following
is a list of the types of facilities engaged
in ship and boat building and repairing
services:
a. Ship Building and Repairing (SIC
code 3731)—These are establishments
primarily engaged in building and
repairing ships, barges, and lighters,
whether self-propelled or towed by
other crafts. The industry also includes
the conversion and alteration of ships
and the manufacture of off-shore oil and
gas well drilling and production
platforms (whether or not self-
propelled). Examples include building
and repairing of barges, cargo vessels,
combat ships, crew boats, dredges,
ferryboats, fishing vessels, lighthouse
• tenders, naval ships, offshore supply
boats, passenger-cargo vessels, patrol
boats, sailing vessels, towboats,
trawlers, and tugboats.
b. Boat Building and Repairing (SIC
code 3732)—These facilities .are
primarily engaged in building and
repairing boats. Examples include
building and repairing of fiberglass
boats, motor-boats, sailboats, rowboats,
canoes, dinghies, dories, small fishing
boats, houseboats, kayaks, lifeboats,
pontoons, and skiffs.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Pollutants Found in Storm Water
Discharges
Special conditions have been
developed for boat and ship building
and repairing operations. Common
activities at ship and boat yards include:
vessel and equipment cleaning fluid
changes, mechanical repairs, parts
cleaning, sanding, blasting, welding,
refinishing, painting, fueling, and
storage of the related materials and
waste materials, such as oil, fuel,
batteries, or oil filters. All of these areas
are potential sources of pollutants to -
storm water discharges. Table R—1 lists
pollutants associated with activities that
commonly take place at Ship Building
and Repairing Facilities (SIC 3731) and
Boat Building and Repairing Facilities
(SIC 3732).
TABLE R-1 .—COMMON POLLUTANT SOURCES AT SHIP AND BOAT BUILDING AND REPAIRING FACILITIES
Activity
Pollutant source
Pollutant
Pressure Washing
Surface Preparation, Paint Removal, Sanding
Painting ,
Engine Maintenance and Repairs
Material Handling: Transfer Storage Disposal
Shipboard Processes improperly discharged to
storm sewer or into receiving water.
Wash water
Sanding; mechanical grinding; abrasive blast-
ing; paint stripping.
Paint and paint thinner spills; spray painting;
paint stripping; sanding; paint cleanup.
Parts cleaning; waste disposal of greasy rags,
used fluids, and batteries; use of cleaners
and degreasers; fluid spills; fluid replace-
ment.
Fueling: spills; leaks; and hosing area
Liquid Storage in Above Ground Storage:
spills and overfills; external corrosion; fail-
ure of piping systems.
Waste Material Storage and Disposal: paint
solids; solvents; trash; spent abrasives, pe-
troleum products.
Process and cooling water; sanitary waste;
bilge and ballast water.
Paint solids, heavy metals, suspended solids.
Spent abrasives, paint solids, heavy metals,
solvents, dust.
Paint solids, spent solvents, heavy metals,
dust.
Spent solvents, oil, heavy metals, ethylene
glycol, acid/alkaline wastes, detergents.
Fuel, oil, heavy metals.
Fuel, oil, heavy metals, material being stored.
Paint solids, heavy metals, spent solvents, oil.
Biochemical oxygen demand (BOD), bacteria,
suspended solids, oil, fuel.
Sources: Executive Office of the President, Office of Management and Budget, 1987. Standard Industrial Classification Manual 1987. National
Technical Information Service Order no. PB 87-100012.
NPDES Storm Water Group Applications—Part 1 and Part 2. Received by EPA March 18,1991 through December 31, 1992.
EPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention the Automotive Refinishing Industry." EPA/625/7-
91/016.
EPA, Office of Research and Development. October 1991. "Guides to Pollution Prevention the Automotive Repair Industry." EPA/625/7-91/
016.
EPA, Office of Research and Development. May 1992. "Facility Pollution Prevention Guide." EPA/600/R-92/088.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities—Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-006.
EPA, Office of Water and Hazardous Materials. December 1979. "Draft Development Document for Proposed Effluent Limitations Guidelines
and Standards for the Shipbuilding andflepair Industry." EPA/440/1-79/076-b.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50993
University of South Alabama, College of Engineering. September 1992. "Best Management Practices for the Shipbuilding and. Repair Industry
and for Bridge Maintenance Activities." College of Engineering Report No. 92-2.
Based on the similarities of the
facilities included in this sector in terms
of industrial activities and significant
materials, EPA believes it is appropriate
to discuss the potential pollutants at
ship and boat building and repairing
facilities as a whole and not subdivide
this sector. Therefore, Table R-2 lists
data for selected parameters from
facilities in the ship and boat building
and repairing sector. These data include
the eight pollutants that all facilities
were required to monitor for under
Form 2F, as well as the pollutants that
EPA determined may merit further
monitoring.
TABLE R-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY SHIP AND BOAT BUILDING OR REPAIRING YARDS
SUBMITTING PART II SAMPLING DATA' (mg/L)
PoJutant
SimpfoType
BOO,
coo ,„.,.,„...,.,
Nfolrto + NHrtofl NHrogflo
Total KfMtH Nitrogen .....
01 & Gre**a «™~_™ .....«......__.......
f*1 ....MM.,,,,,..,,.,,,,.,,,.,,,,.,.,,..,,,,,.,,, u, , ,
T0(*l PtWff^bOfUf ....t.i..m.....t.i....i............
Total Suspended SoBd» ..
No. o( Facilities
Grab
29
29
29
' 29
29
23
29
29
Comp"
28
28
28
28
N/A
N/A
28
27
No. of Samples
Grab
51
51
51
51
52
43
51
51
Comp
48
49
49
49
N/A
N/A
48
48
Mean
Grab
4.4
732
0.79
1.19
1.0
N/A
021
92
Comp
6.3
70.0
0.82
220
N/A
N/A
0.86
45
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
4.7
0.00
'0
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.00
0
Maximum
Grab
23.0
450.0
6.00
3.40
14.0
8.7
2.20
1200
Comp
138.0
810.0
5.00
48.00
N/A
N/A
32.00
300
Median
Grab
2.3
53.0
0.72
1.00
0.0
7.3
0.00
17
Comp
0.8
33.0
0.71
0.97
N/A
N/A
0.06
10
95th Percentile
Grab
17.1
259.1
2.36
2.57
5.1
8.8
0.94
525
Comp
25.5
264.3
2.35
4.69
N/A
N/A
1.75
366
99th Percentile
Grab
32.6
503.9
4.28
3.73
15.9
9.6
1.98
2294
Comp
67.4
579.8
422
8.67
N/A
N/A
4.51
1537
>AppSca!!ofl* thai did not report Iho unlU of measurement for the reported values of pollutants were not Included In these statistics. Values reported as non-detect or below detection limit were
Msucnod to bo 0.
"Composes umptaa.
3. Options for Controlling Pollutants
The measures commonly implemented to reduce pollutants in storm water discharges from boat and ship building
and repairing facilities are generally uncomplicated and simple to implement. Table R-3 identifies Best Management
Practices (BMPs) associated with various activities that routinely occur at boat and ship building and repair facilities.
TABLE R-3.—COMMON MANAGEMENT PRACTICES FOR STORM WATER POLLUTION PREVENTION AT SHIP AND BOAT
BUILDING AND REPAIRING FACILITIES
Activity
BMPs
Pressure washing
Surface preparation, sanding, and paint re-
moval.
PalnUng ...
Drydock maintenance
Collect discharge water and remove all visible solids before discharging to a sewer system, or
where permitted by an individual NPDES permit, to a drainage system, or receiving water.
Perform pressure washing only in designated areas where wash water containment can be ef-
fectively achieved.
Use no detergents or additives in the pressure wash water.
Direct deck drainage to a collection system sump for settling and/or additional treatment.
Implement diagonal trenches or berms and sumps to contain and collect wash water at marine
railways.
Use solid decking, gutters, and sumps at lift platforms to contain and collect wash water for
possible reuse.
Enclose, cover, or contain blasting and sanding activities to the maximum extent practical to
prevent abrasives, dust, and paint chips from reaching storm sewers or receiving water.
Where feasible, cover drains, trenches, and drainage channels to prevent entry of blasting de-
bris to the system.
Prohibit uncontained blasting or sanding activities over open water.
Prohibit blasting or sanding activities during windy conditions which render containment inef-
fective.
Inspect and clean sediment traps to ensure the interception and retention of solids prior to en-
tering the drainage system.
Sweep accessible areas of the drydock to remove debris and spent sandblasting material prior
to flooding.
Collect spent abrasives routinely and store under a cover to await proper disposal.
Enclose, cover, or contain painting activities to the maximum extent practical to prevent
overspray from reaching the receiving water.
Prohibit uncontained spray painting activities over open water.
Prohibit spray painting activities during windy conditions which render containment ineffective.
Mix paints and solvents in designated areas away from drains, ditches, piers, and surface wa-
ters, preferably indoors or under a shed.
Have absorbent and other cleanup items readily available for immediate cleanup of spills.
Allow empty paint cans to dry before disposal.
Keep paint and paint thinner away from traffic areas to avoid spills.
Recycle paint, paint thinner, and solvents.
Train employees on proper painting and spraying techniques, and use effective spray equip-
ment that delivers more paint to the target and less overspray.
Clean and maintain drydock on a regular basis to minimize the potential for pollutants in the
storm water runoff.
Sweep accessible areas of the drydock to remove debris and spent sandblasting material prior
to flooding.
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50984 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
grab sample collected from each storm
water outfall. The examination of storm
water grab samples shall include any
observations of color, odor, turbidity,
floating solids, foam, oil sheen, or other
obvipus indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on these samples.
The examination must be made at
least once in each designated period
during facility operation in the daylight
hours unless there is insufficient rainfall
or snow-melt to runoff. EPA expects
that, whenever practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Examinations
shall be conducted in each of the
following periods for the purposes of
inspecting storm water quality
associated with storm water runoff and
snow melt: January through March;
April through June; July through
September; October through December.
Grab samples shall be collected within
the first 30 minutes (or as soon
thereafter as practical,, but not to exceed
60 minutes) of when the runoff begins
discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the .
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the results of
the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water .discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
As discussed above, EPA does not
believe that chemical monitoring is
necessary for facilities in this section of
today's permit. EPA believes that
between quarterly inspections, quarterly
visual examinations, and site
compliance evaluations potential
sources of contaminants can be
recognized, addressed, and then
controlled with BMPs. In determining
the monitoring requirements, EPA
considered the nature of the industrial
activities and significant materials
exposed at these sites, and performed a
review of data provided in Part 2 group
applications.
Q. Storm Water Discharges Associated
With Industrial Activity From Water
Transportation Facilities That Have
Vehicle Maintenance Shops and/or
Equipment Cleaning Operations
1. Discharges Covered Under This
Section
Special conditions have been
developed for water transportation
facilities that have vehicle and
equipment maintenance shops (vehicle
and equipment rehabilitation,
mechanical repairs, painting, fueling,
and lubrication) and equipment
cleaning operations. Vehicle and
equipment maintenance is a broad term
used to include the following activities:
vessel and equipment fluid changes,
mechanical repairs, parts cleaning,
sanding, blasting, welding, refinishing,
painting, fueling, and storage of the
related materials and waste materials,
such as oil, fuel, batteries, or oil filters.
Equipment cleaning operations include
areas where vessel and vehicle exterior
washdown takes place. The conditions
in this section apply to storm water
discharges from vehicle and equipment
maintenance shops or cleaning
operations located at water
transportation facilities covered under
the storm water application regulations
(40 CFR 122.26) and applying for
coverage under today's permit.
The storm water application
regulations define storm water
discharges associated with industrial
activity at 40 CFR 122.26(b)(14).
Category (viii) of this definition
includes transportation facilities
classified as Standard Industrial
Classification (SIC) codes 40,41,42
(except 4221-25), 43, 44,45, and 5171
that have vehicle and equipment
maintenance shops, equipment cleaning
operations, or airport deicing
operations. The category further states
that only those portions of the facility
that are either involved in vehicle and
equipment maintenance (including
vehicle and equipment rehabilitation,
mechanical repairs, painting, fueling,
and lubrication), equipment cleaning
operations, or airport deicing operations
are associated with industrial activity.
The conditions in this section only
apply to water transportation facilities.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other sectipn(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co.-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permitftf any) are
applicable to the facility.
Facilities covered by this section of
today's permit are commonly identified
by SIC code major group 44.
SIC code 44 includes facilities
primarily engaged in furnishing water
transportation services. The following
types of facilities are examples of those
covered under SIC code 44:
a. Deep Sea Foreign Transportation of
Freight (SIC 4412).
b. Deep Sea Domestic Transportation
of Freight (SIC 4424).
c. Freight Transportation on the Great
Lakes—St. Lawrence Seaway (SIC 4432).
d. Water Transportation of Freight,
Not Elsewhere Classified (SIC 4449).
Including: canal barge operations; canal
freight transportation; intracoastal
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50985
freight transportation lake freight
transportation, except on the Great
Lakes; log rafting and towing; river
freight transportation, except on the St.
Lawrence Seaway; and transportation of
freight on hays and sounds of the
oceans.
e. Deep Sea Transportation of
Passengers, Except by Ferry (SIC 4481).
/. Ferries (SIC 4482). Including: car
lighters (ferries); and railroad femes.
g. Water Transportation of Passengers,
Not Elsewhere Classified (SIC 4489).
Including: airboats (swamp buggy rides);
excursion boat operations; passenger
water transportation on rivers and
canals; sightseeing boats; and water
taxis.
h. Marine Cargo Handling (SIC 4491).
Including: docks, including buildings
and facilities; loading vessels; marine . ,
cargo handling; piers, including
buildings and facilities; ship hold
cleaning; stevedoring; unloading
vessels; and waterfront terminal
operation.
/. Towing and Tugboat Services (SIC
4492). Including: docking of ocean
vessels; shifting of floating equipment
within harbors; towing services, marine;
tugboat service; and undocking of ocean
vessels.
/. Marinas (SIC 4493J.97 Including:
boat yards, storage and incidental
repair; and yacht basins.
k. Water Transportation Services, Not
Elsewhere Classified (SIC 4499).
Including: boat cleaning; boat hiring,
except pleasure; boat livery, except
pleasure; boat rental, commercial; canal
operation; cargo salvaging, from
distressed vessels; chartering of
commercial boats; dismantling ships;
lighterage; marine railways for
drydocks; marine salvaging; marine
surveyors, except cargo; marine
wrecking, ships for scrap; piloting
vessels in and out of harbors; ship
cleaning, except hold cleaning; ship
registers: survey and classification of
ships and marine equipment; and
steamship leasing.
2. Pollutants Found in Storm Water
Discharges
Table Qrl lists potential pollutant
source activities that commonly take
place at water transportation vehicle
maintenance and equipment cleaning
operations.
TABLE Q-1.—INDUSTRIAL ACTIVITIES, POLLUTANT SOURCES, AND POLLUTANTS
Activity
Pollutant source
Pollutant
Pressure Washing
Surface Preparation Paint Removal Sanding ....
Painting
Engine Maintenance and Repairs
Material Handing: Transfer Storage Disposal
Shipboard Processes Improperly discharged to
storm sewer or Into receiving water.
Wash water
Sanding; mechanical grinding; abrasive blast-
ing; paint stripping.
Paint and paint thinner spills; spray painting;
paint stripping; sanding; paint cleanup.
Parts cleaning; waste disposal of greasy rags,
used fluids, and batteries; use of cleaners &
degreasers; fluid spills; fluid replacement.
Fueling: spills; leaks; and hosing area
Liquid Storage in Above Ground Storage:
spills and overfills; external corrosion; fail-
ure of piping systems.
Waste Material Storage and Disposal: paint
solids; solvents; trash; spent abrasives, pe-
troleum products.
Process & cooling water; sanitary waste; bilge
& ballast water.
Paint solids, heavy metals, suspended solids.
Spent abrasives, paint solids, heavy metals,
solvents, dust.
Paint solids, spent solvents, heavy metals,
dust.
Spent solvents, oil, heavy metals, ethylene
glycol, acid/alkaline wastes, detergents.
Fuel, oil, heavy metals.
Fuel, oil, heavy metals, material being stored.
Paint solids, heavy metals, spent solvents, oil.
Biochemical oxygen demand (BOD), bacteria,
suspended solids, oil, fuel.
Sources: EPA, Office of Water and Hazardous Materials. December 1979. "Draft Development Document for Proposed Effluent Limitations
Guidelines and Standards for the Shipbuilding and Repair Industry." EPA/440/1-79/076-b.
University of South Alabama, College of Engineering. September 1992. "Best Management Practices for the Shipbuilding and Repair Industry
and for Bridge Maintenance Activities." College of Engineering Report No. 92-2.
NPDES Storm Water Group Applications—Part 1. Received by EPA March 18,1991 .through December 31,1992.
EPA, Office of Research and Development October 1991. "Guides to Pollution Prevention—The Automotive Refinishing Industry." EPA/625/7-
91/016.
EPA, Office of Research and Development October 1991. "Guides to Pollution Prevention—The Automotive Repair Industry." EPA/625/7-91/
013.
EPA, Office of Research and Development May 1992. "Facility Pollution Prevention Guide." EPA/600/R-92/088.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities—Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-Q06.
U.S. Postal Service. May 1992. "NPDES/Storm Water Guide." AS-554.
Based on the similarities of the facilities included in this sector in terms of industrial activities and significant
materials, EPA believes it is appropriate to discuss the potential pollutants at water transportation facilities having
vehicle maintenance and/or equipment cleaning operations as a whole and not subdivide this sector. Therefore, Table
Q-2 lists data for selected parameters from facilities in the water transportation sector. These data include the eight
pollutants that all facilities were required to monitor for under Form 2F, as well as the pollutants that EPA determined
merit further monitoring.
""Culdollnos for tho Determination of
Regulatory SUtus of Marinas and Related
Operations." Facilities that arc "primarily engaged"
In operating marinas are best classified as SIC
4493—marinas. Theso facilities rent boat skips,
store boats and generally perform a range of other
marina services including boat cleaning and
Incidental boat repair. They frequently sell food,
fuel, flthlng supplies and may sell boats. For
belittle* cliuulflod as 4403 that are Involved In
vehicle (vessel) maintenance activities (including
vehicle rehabilitation, mechanical repairs, painting,
fueling, and lubrication) or equipment cleaning
operations, those portions of the facility that are
involved in such vehicle maintenance activities are
considered to be associated with industrial activity
and ere covered under the storm water regulations.
, Facilities classified as 4493 that are not involved
in equipment cleaning or vessel maintenance
activities (including vehicle rehabilitation,
mechanical repairs, painting, and lubrication) are
not intended to be covered under 40 CFR Section
122.26(b)(14)(viii) of the storm water permit
application regulations. The retail sale of fuel alone
at marinas, without any other vessel maintenance
or equipment cleaning operations, is not considered
to be grounds for coverage under the storm water
regulations.
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50986
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE Q-2.—STATISTICS FOR CONVENTIONAL POLLUTANTS AND STORM WATER' (IN mg/L UNLESS OTHERWISE
INDICATED)
Pollutant
Sample type
BOD3
COD
Nitrate + Nitrite Nitrogen
Total Kjeldanl Nitrogen
Oil & Grease
pH (s u)
Iron • «««•«"
Lead
2Jnc ,
No. of Fa-
cilities
Grab
15
15
15
15
15
15
15
15
4
4
4
4
Comp
14
14
14
14
N/A
11
14
14
3
3
3
3
No. of Sam-
ples
Grab
15
15
15
15
15
15
15
15
4
4
4
4
Comp
14
14
14
14
N/A
N/A
14
14
3
3
3
2
Mean
Grab
8.6
130.9
4.23
2.64
11.9
N/A
0.27
634
3.1
26.7
0.2
0.7
Comp
6.0
75.8
0.66
9.41
N/A
N/A
0.15
224
22
5.0
0.1
0.4
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
4.1
0.00
3
0.2
0.2
0.0
0.1
Comp
0.0
10.0
0.00
0.00
N/A
N/A
0.00
5
02
0.4
0.0
02
Maximum
Grab
39.0
500.0
54.00
16.00
96.0
8.8
1.20
4330
6.3
94.0
0.7
22
Comp
11.0
203.0
1.61
118.00
N/A
N/A
0.32
944
5.4
8.9
0.1
0.9
Median
Grab
7.0
93.0
0.60
1.60
2.0
7.0
0.10
135
3.0
6.3
0.1
0.2
Comp
6.0
50.5
0.65
0.75
N/A
N/A
0.17
68
1.0
5.7
0.1
0.2
95th Percentile
Grab
36.3
588
8.61
9.72
40.9
9.5
1.32
3906
24.4
N/A
N/A'
N/A
Comp
13.4
254.8
1.89
16.96
N/A
N/A
0.51
1116
14.2
40.6
.1
1.3
99th Percentile
Grab
76.3
1327.6
23.9
20.67
109.9
10.8
3.19
1635.2
81.2
40.9
N/A
N/A
Comp
18.7
496.8
3.07
51.31
N/A
N/A
.90
3351
40.9
122.8
02
2.4
i Mean, Maximum, Minimum, Median, and Percentlles Include all detects and nondetects.
"Composite samples.
Note: There is no information for 95th percentile columns.
3. Options for Controlling Pollutants
The measures commonly implemented to reduce pollutants in storm water associated with water transportation
vehicle maintenance and/or equipment cleaning operations are generally simple to implement and are uncomplicated
practices. Table Q-3 identifies Best Management Practices (BMPs) associated with different activities that routinely take
place at water transportation facilities with vehicle maintenance and equipment cleaning operations.
TABLE Q-3.—INDUSTRIAL ACTIVITIES AND POTENTIAL BEST MANAGEMENT PRACTICES
Activity
BMPs
Pressure washing
Surface preparation, sanding, and paint re-
moval.
Painting
Drydock maintenance
Drydocking
Collect discharge water and remove all visible solids before discharging to a sewer system, or
where permitted, to a drainage system, or receiving water.
Perform pressure washing only in designated areas where wash water containment can be ef-
fectively achieved.
Use no detergents or additives in the pressure wash water.
Direct deck drainage to a collection system sump for settling and/or additional treatment.
Implement diagonal trenches or berms and sumps to contain and collect wash water at marine
railways.
Use solid decking, gutters, and sumps at lift platforms to contain and collect wash water for
possible reuse.
Enclose, cover, or contain blasting and sanding activities to the extent practical to prevent
abrasives, dust, and paint chips from reaching storm sewers or receiving water.
Where feasible, cover drains, trenches, and drainage channels to prevent entry of blasting de-
bris to the system.
Prohibit uncontained blasting or sanding activities performed over open water.
Prohibit blasting or sanding activities performed during windy conditions which render contain-
ment ineffective.
Inspect and clean sediment traps to ensure the interception and retention of solids prior to en-
tering the drainage system.
Sweep accessible areas of the drydock to remove debris and spent sandblasting material prior
to flooding.
Collect spent abrasives routinely and store under a cover to await proper disposal.
Enclose, cover, or contain painting activities to the maximum extent practical to prevent
overspray from reaching the receiving water.
Prohibit uncontained spray painting activities over open water.
Prohibit spray painting activities during windy conditions which render containment ineffective.
Mix paints and solvents in designated areas away from drains, ditches, piers, and surface wa-
ters, preferably indoors or under cover.
Have absorbent and other cleanup items readily available for immediate cleanup of spills.
Allow empty paint cans to dry before disposal.
Keep paint and paint thinner away from traffic areas to avoid spills.
Recycle paint, paint thinner, and solvents.
Train employees on proper painting and spraying techniques, and use effective spray equip-
ment that delivers 'more paint to the target and less overspray.
Clean and maintain drydock on a regular basis to minimize the potential for pollutants in the
storm water runoff. • .' •
Sweep accessible areas of the drydock to remove debris and spent sandblasting material prior
to flooding.
If hosing must be used as a removal method, collect wash water to remove solids and poten-
tial metals.
Clean the remaining areas of the dock after a vessel has been removed and the dock raised.
Remove and properly dispose of floatable and other tow-density waste (wood, plastic, insula-
tions, etc.).
Use plastic barriers beneath the hull, between the hull and drydock walls for containment.
Use plastic barriers hung from the flying bridge of the drydock, from the bow or stern of the
vessel, or from temporary structures for containment. .
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50987
TABLE Q-3.—INDUSTRIAL ACTIVITIES AND POTENTIAL BEST MANAGEMENT PRACTICES—Continued
Activity
BMPs
Nondrydock containment
Engine maintenance and repairs
Material Handling: Bulk liquid storage and con-
tainment.
Material Handling: Containerized material stor-
age.
Material Handling
Designated material mixing areas
Shipboard process water handling
Shipboard sanitary waste disposal,
Bltgo and Ballast water
Weight the bottom edge of the containment tarpaulins or plastic sheeting during a light breeze.
Use plywood and/or plastic sheeting to cover open areas between decks when sandblasting
(scuppers, railings, freeing ports, ladders, and doorways).
Install tie rings or cleats, cable suspension systems, or scaffolding to make implementation
containment easier.
Hang tarpaulin from the boat, fixed, or floating platforms to reduce pollutants transported by
wind.
Pave or tarp surfaces under marine railways.
Clean railways before the incoming tide.
Haul vessels beyond the high tide zone before work commences or halt work during high tide.
Place plastic sheeting or tarpaulin underneath boats to contain and collect waste and spent
materials and clean and sweep regularly to remove debris.
Use fixed or floating platforms with appropriate plastic or tarpaulin barriers as work surfaces
and for containment when work is performed on a vessel in the water to prevent blast mate-
rial or paint overspray from contacting storm water or the receiving water.
Sweep, rather than hose, debris present on the dock. ,
Maintain an organized inventory of materials used in the maintenance shop.
Dispose of greasy rag, oil filters, air filters, batteries, spent coolant, and degreasers properly.
Label and track the recycling of waste material (i.e., used oil, spent solvents, batteries).
Drain oil filters before disposal or recycling.
Store cracked batteries in a nonleaking secondary container.
Promptly transfer used fluids to the proper container; do not leave full drip pans or other open
containers around the shop. Empty and clean drip pans and containers.
Do not pour liquid waste down floor drains, sinks, or outdoor storm drain inlets.
Plug floor drains that are connected to the storm or sanitary sewer; if necessary, install a
sump that is pumped regularly.
Inspect the maintenance area regularly for proper implementation of control measures.
Train employees on proper waste control and disposal procedures.
Store permanent tanks in a paved area surrounded by a dike system which provides sufficient
containment for the larger of either 10 percent of the volume of all containers or 110 percent
of the volume of the largest tank.
Maintain good integrity of ail storage tanks.
Inspect storage tanks to detect potential leaks and perform preventive maintenance.
Inspect piping systems (pipes, pumps, flanges, couplings, hoses, valves) for failures or leaks.
Train employees on proper filling and transfer procedures.
Store containerized materials (fuels, paints, solvents, etc.) in a protected, secure location and
away from drains.
Store reactive, ignitable, or flammable liquids in compliance with the local fire code.
Identify potentially hazardous materials, their characteristics, and use.
Control excessive purchasing, storage, and handling of potentially hazardous materials.
Keep records to identify quantity, receipt date, service life, users, and disposal routes.
Secure and carefully monitor hazardous materials to prevent theft, vandalism, and misuse of
materials.
Educate personnel for proper storage, use, cleanup, and disposal of materials.
Provide sufficient containment for outdoor storage areas for the larger of either 10 percent of
the volume of all containers or 110 percent of the volume of the largest tank.
Use temporary containment where required by portable drip pans.
Use spill troughs for drums with taps.
Mix paints and solvents in designated areas away from drains, ditches, piers, and surface wa-
ters. Locate designated areas preferably indoors or under a shed.
If spills occur,
• Stop the source of the spill immediately.
• Contain the liquid until cleanup is complete.
• Deploy oil containment booms if the spill may reach the water.
• Cover the spill with absorbent material.
• Keep the area well ventilated.
• Dispose of cleanup materials properly.
• Do not use emulsifier or dispersant.
Keep process and cooling water used aboard ships separate from sanitary wastes to minimize
disposal costs for the sanitary wastes.
Keep process and cooling water from contact with spent abrasives and paint to avoid dis-
charging these pollutants.
Inspect connecting hoses for leaks.
Discharge sanitary wastes from the ship being repaired to the yard's sanitary system or dis-
pose of by a commercial waste disposal company.
Use appropriate material transfer procedures, including spill prevention and containment activi-
ties.
Collect and dispose of bilge and ballast waters which contain oils, solvents, detergents, or
other additives to a licensed waste disposal company.
• Sources: University of South Alabama, College of Engineering. September 1992. "Best Management Practices for the Shipbuilding and Repair
Industry and for Bridge Maintenance Activities." College of Engineering Report No. 92-2.
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NPDES Storm Water Group Applications—Part 1. Received by EPA March 18,1991 through December 31,1992.
EPA, Office of Water. January 1993. "Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters. 840-
B-92-002.
4. Pollutant Control Measures Required
Through Other EPA Programs
EPA recognizes that the Resource
Conservation and Recovery Act (RCRA)
and the Underground Storage Tank
(UST) programs require careful
management of materials used at Water
Transportation Facilities and Boat
Building & Repairing Facilities.
Under the RCRA program, on
September 10,1992, EPA promulgated
standards in 40 CFR Part 279 for the
management of used oils that are
recycled (57 FR 41566). These standards
include requirements for used oil
generators, transporters, processors/re-
refiners, and burners. The standards for
used oil generators apply to all
generators, regardless of the amount of
used oil they generate. Do-it-yourself
(DIY) generators which generate used oil
from tie maintenance of their personal
vehicles, however, are not subject to the
management standards (Section
279.20(a)(l)).
The requirements for used oil
generators were designed to impose a
minimal burden on generators while
protecting human health and the
environment from the risks associated
with managing used oil. Under Subpart
C of 40 CFR Part 279, used oil
generators must not store used oil in
units other than tanks, containers, or
units subject to regulation under Part
264 or 265 of 40 CFR (Section
279.22(a)). In other words, generators
may store used oil in tanks or containers
that are not subject to Subpart J
(Hazardous Waste Tanks) or Subpart I
(Containers) of Parts 264/265, as long as
such tanks or containers are maintained
in compliance with the used oil
management standards. This does not
preclude generators from storing used
oil in Subpart J tanks or Subpart I
containers or other units, such as
surface impoundments (Subpart K), that
are subject to regulation under Part 264
or 265.
Storage units at generator facilities
must be maintained in good condition
and labeled with the words "used oil."
Upon detection of a release of used oil
to the environment, a generator must
take steps to stop the release, contain
the released used oil, and properly
manage the released used oil and other
materials (Section 279.22(b) to (d)).
Generators storing used oil in
underground storage tanks are subject to
the UST regulations (40 CFR Part 280).
If used oil generators ship used oil
offsite for recycling, they must use a
transporter who has notified EPA and
obtained an EPA identification number
(Section 279.24).
The technical standards for USTs at
40 CFR Part 280 require that new UST
systems (defined as systems for which
installation commenced after December
12,1988) use overfill prevention
equipment that will: (1) Automatically
shut off flow into the tank when the
tank is no more than 95 percent full; or
(2) alert the transfer operator when the
tank is no more than 90 percent full by
restricting the flow into the tank or
triggering a high level alarm. The
preceding requirements do no apply to
systems that are filled by transfers of no
more than 25 gallons at one time.
Existing UST systems (denned as
systems for which installation has
commenced on or before December 12,
1988) are required to have installed the
described overfill prevention equipment
by December 12,1998.
5. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to the non-storm
water discharges prohibited in part III.A
of the permit, this section specifically
prohibits the following: bilge and ballast
water, pressure wash water, sanitary
wastes, and cooling water originating
from vessels are not authorized by this
section. The operators of such
discharges must obtain coverage under
a separate NPDES permit if discharged
to waters of the U.S. or through a
municipal separate storm sewer system.
Certain non-storm water discharges,
however, may be authorized by this
permit. Part III.A.2 of today's permit
lists these discharges.
This section does not authorize the
non-storm water discharge of pressure
wash water. Pressure washing is used to
remove marine growth from vessels.
EPA has found that unpermitted
releases of pressure wash water is a
habitual problem at water transportation
facilities. Marine growths and paint
debris found in the wash water can
contain significant quantities of heavy
metals, and this water cannot be
discharged.
6. Storm Water Pollution Prevention
Plan Requirements
The conditions that apply to water
transportation facilities with vehicle
maintenance and/or equipment cleaning
operations build upon the requirements
set forth in the baseline conditions
permit for storm water discharges from
industrial activities discussed
previously.
a. Contents of the Plan.
(1) Description of Potential Pollutant
Sources.
Under the description of potential
pollutant sources in the storm water •
pollution prevention plan requirements,
permittees are required to include the
location(s) on their facility site map
where engine maintenance and repair
work, vessel maintenance and repair
work, and pressure washing are
performed. This requirement is the same
as the permit conditions listed in the
front section of this factsheet, which are
based on the baseline general permit of
September 9,1992 Here it is expressed
in more appropriate terms for the water
transportation industry. The baseline
general permit includes "vehicle and
equipment maintenance and/or cleaning
areas." The language "processing
areas", as described under the baseline
general permit, has been specified to
include painting, blasting, welding, and
metal fabrication for this section. EPA
believes that this specificity is
appropriate for the water transportation
industry and that these areas may
potentially be a significant source of
pollutants to storm water. Rather than
requiring the location of "storage areas"
as in the baseline general permit, this
storm water pollution prevention plan
specifies that the location of liquid
storage areas (i.e., paint, solvents,
resins) and material storage areas (i.e.,
blasting media, aluminum, steel) be
shown. This again is the same
requirement, but it is expressed in more
specific terms for this industry. In
addition, the site map must also
indicate the outfall locations and the
types of discharges contained in the
drainage areas of the outfalls (e.g. storm
water and air conditioner condensate).
In order to increase the readability of
the map, the inventory of the types of
discharges contained in each outfall
may be kept as an attachment to the site
map.
(2) Measures and Controls.
Under the description of measures
and controls in the storm water
pollution prevention plan requirements,
this section requires that all areas that
may contribute pollutants to storm
waters discharges shall be maintained in
a clean, orderly manner. This section
also requires that the following areas
must be specifically addressed:
(a) Pressure Washing Area—When
pressure washing is used to remove
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50989
marine growth from vessels, the
discharge water must he permitted by an
NPDES permit. The plan must describe
tho measures to collect or contain the
discharge from the pressure washing
area, detail the method for the removal
of tho visible solids, describe the
method of disposal of the collected
solids, and identify where the discharge
will ho released (i.e., the receiving
waterbody, storm sewer system, sanitary
sower system).
(b) Blasting and Painting Areas—The
facility must consider containing all
blasting and painting activities to
prevent abrasives, paint chips, and
overspray from reaching the receiving
water or the storm sewer system. The
plan must describe measures taken at
the facility to prevent or minimize the
discharge of spent abrasive, paint chips,
and paint into the receiving waterbody
and storm sewer system. The facility
may consider hanging plastic barriers or
tarpaulins during blasting or painting
operations to contain debris. Where
required, a schedule for cleaning storm
systems to remove deposits of abrasive
blasting debris and paint chips should
bo addressed within the plan. The plan
should include any standard operating
practices with regard to blasting and
painting activities. Such included items
may be the prohibition of performing
uncontained blasting and painting over
open water or blasting and painting
during windy conditions which can
render containment ineffective.
(3) Material Storage Areas—All stored
and containerized materials (fuels,
paints, solvents, waste oil, antifreeze,
batteries) must be stored hi a protected,
secure location away from drains and
plainly labeled. The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from such storage areas. The facility
must specify which materials are stored
indoors and consider containment or
enclosure for materials that are stored
outdoors. Above ground storage tanks,
drums, and barrels permanently stored
outside must bo delineated on the site
map with a description of the
containment measures in place to
prevent leaks and spills. The facility
must consider implementing an
inventory control plan to prevent
excessive purchasing, storage, and
handling of potentially hazardous
materials. Those facilities where
abrasive blasting is performed must
specifically include a discussion on the
storage and disposal of spent abrasive
materials generated at the facility.
(d) Engine Maintenance and Repair
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from all areas used for engine
maintenance and repair. The facility
may consider performing all
maintenance activities indoors,
maintaining an organized inventory of
materials used in the shop, draining all
parts of fluids prior to disposal,
prohibiting the practice of hosing down
the shop floor, using dry cleanup
methods, and/or collecting the storm
water runoff from the maintenance area
and providing treatment or recycling.
(e) Material Handling Areas—The
plan must describe measures that
prevent or minimize contamination of
the storm water runoff from material
handling operations and areas (i.e.,
fueling, paint & solvent mixing, disposal
of process wastewater streams from
vessels). The facility may consider
covering fueling areas; using spill and
overflow protection; mixing paints and
solvents in a designated area, preferably
indoors or under a shed; and
minimizing runon of storm water to
material handling areas. Where
applicable, the plan must address the
replacement or repair of leaking
connections, valves, pipes, hoses, and
soil chutes carrying wastewater from
vessels.
(fl Drydock Activities—The plan must
address the routine maintenance and
cleaning of the drydock to minimize the
potential for pollutants in the storm
water runoff. The plan must describe
the procedures for cleaning the
accessible areas of the drydock prior to
flooding and final cleanup after the
vessel is removed and the dock is
raised. Cleanup procedures for oil,
grease, or fuel spills occurring on the
drydock must also be included within
the plan. The facility should consider
items such as sweeping rather than
hosing off debris and spent blasting
material from the accessible areas of the
drydock prior to flooding and having
absorbent materials and oil containment
booms readily available to contain and
cleanup any spills.
(g) General Yard Area—The plan
must include a schedule for routine
yard maintenance and cleanup. Scrap
metal, wood, plastic, miscellaneous
trash, paper, glass, industrial scrap,
insulation, welding rods, packaging,
etc., must be routinely removed from
the general yard area. The facility may
consider such measures as providing
covered trash receptacles in each yard,
on each pier, and on board each vessel
being repaired.
These seven areas are the common
sources of pollutants in storm water
runoff from water transportation
facilities which have vehicle
maintenance and/or equipment cleaning
activities. Based upon the September
1992 "Best Management Practices for
the Shipbuilding and Repair Industry
, and for Bridge Maintenance Activities"
prepared by the College of Engineering
at the University of South Alabama, the
suggested management measures are,
commonly used at water transportation
facilities. EPA believes that the
incorporation of management practices
such as those suggested will
substantially reduce the potential that
these activities and areas will
significantly contribute to the pollution
of storm water discharges. In addition,
EPA believes that these requirements
continue to provide the necessary
flexibility to address the variable risk for
pollutants in storm water discharges
associated with different facilities.
Further, many facilities will find that
management measures that they have
already incorporated into the facility's
operation, such as the installation of
overfill protection equipment and
labelling and maintenance of used oil
storage units, that are already required
under existing EPA programs will meet
the requirements of this section.
Under the preventive maintenance
requirements of the storm water
pollution prevention plan elements, the
plan specifically includes the routine
inspection of sediment traps to ensure
that spent abrasives, paint chips, and
solids will be intercepted and retained
prior to entering the storm drainage
system. Because of the nature of
operations such as abrasive blasting
which occur at water transportation
facilities, specific routine attention
needs to be placed on the collection and
proper disposal of spent abrasive
materials, paint chips, and other solids.
Under the inspection requirements of
the storm water pollution prevention
plan elements, qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility, at a minimum, on a monthly
basis. The following areas shall be
included in all inspections: pressure
washing area, blasting and painting
areas, material storage areas, engine
maintenance and repair areas, material
handling areas, drydock area, and
general yard area. A set of tracking or
follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records shall be maintained.
The purpose of the inspections is to
check on the implementation of the
storm water pollution prevention plan.
The inspections allow facility personnel
to monitor the success or failure of
elements of the plan on a regular basis.
The use of an inspection checklist is
highly encouraged. The checklist will
ensure that all required areas are
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
inspected, as well as help to meet the
record keeping requirements.
Under the employee training
component of the storm water pollution
prevention plan requirements, the
permittee is required to identify at least
annual (once per year) dates for such
training. Employee training must, at a
minimum address the following areas
when applicable to a facility: used oil
management; spent solvent
management; proper disposal of spent
abrasives; proper disposal of vessel
wastewaters, spill prevention and
control; fueling procedures; general
good housekeeping practices; proper
painting and blasting procedures; and
used battery management. Employees,
independent contractors, and customers
must be informed about BMPs and be
required to perform in accordance with
these practices. The facility must
consider posting easy to read
descriptions or graphic depictions of
BMPs and emergency phone numbers in
the work areas. Unlike some industrial
operations, the industrial activities
associated with water transportation
facilities that may affect storm water
quality require the cooperation of all
employees. EPA, therefore, is requiring
that employee training take place at
least once a year to serve as: (1) Training
for new employees; (2) a refresher
course for existing employees; (3)
training for all employees on any storm
water pollution prevention techniques
recently incorporated into the plan; and
(4) a forum for the facility to invite
independent contractors and customers
to inform them on pollution prevention
procedures and requirements.
Monitoring and Reporting Requirements
a. Analytical Monitoring
Requirements. Under the revised
methodology for determining pollutants
of concern for the various industrial
sectors water transportation facilities
must perform analytical monitoring.
Facilities must collect and analyze
samples of their storm water discharges
for the pollutants listed in Table Q-4.
The median levels of the pollutants
listed in Table Q-4 were found to be
above benchmark levels for water
transportation facilities that submitted
quantitative data in the group
application process. EPA is requiring
monitoring after the pollution
prevention plan has been implemented
to ensure that a reduction of pollutants
is realized.
At a minimum, storm water
discharges from water transportation
facilities must be monitored quarterly
during the second year of permit
coverage. Samples must be collected at
least once in each of the following
periods: January through March; April
through June; July through September;
and October through December. At the
end of the second year of permit
coverage, a facility must calculate the
average concentration for each
parameter listed in Table Q-4. If the
permittee collects more than four
samples in this period, then they must
calculate an average concentration for
each pollutant of concern for all
samples analyzed.
TABLE Q-4.—INDUSTRY MONITORING REQUIREMENTS
Pollutants of concern
Total Recoverable Aluminum '. ...
Total Recoverable Iron
Total Recoverable Zinc '.
Cut-off con-
centration
0.75 mg/L.
1.0 mg/L.
Oi0816 mg/L.
0117 mg/L
If the average concentration for a parameter is less than or equal to the value listed in Table Q-4, then the permittee
is not required to conduct quantitative analysis for that parameter during the fourth year of the permit. If, however,
the average concentration for a parameter is greater than the cut-off concentration listed in Table Q-4, then the permittee
is required to conduct quarterly monitoring for that parameter during the fourth year of permit coverage. Monitoring
is not required during the first, third, and fifth year of the permit. The exclusion from monitoring in the fourth year
of the permit is conditional on the facility maintaining industrial operations and BMPs that will ensure a quality
of storm water discharges consistent with the average concentrations recorded during the second year of the permit.
The schedule of monitoring is presented in Table Q-5.
TABLE Q-5.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage .
4th Year of Permit Coverage .
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table Q-5, then quarterly sampling
is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table Q-5, then no further
sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2 of
the permit is greater than the value listed in Table Q-5.
If industrial activities or the pollution prevention plan have been altered such that storm water
discharges may be adversely affected, quarterly monitoring is required for all parameters of
concern.
In cases where the average concentration of a parameter exceeds the cut-off concentration, EPA expects permittees
to place special emphasis on methods for reducing the presence of those parameters in storm water discharges. Quarterly
monitoring in the fourth year of the permit will reassess the effectiveness of the adjusted pollution prevention plan.
EPA realizes that if a facility is inactive and unstaffed it may be difficult to collect storm water discharge samples
when a qualifying event occurs. Today's final permit has been revised so that inactive, unstaffed facilities can exercise
a waiver of the requirement to conduct quarterly chemical sampling.
b. Alternative Certification. Throughout today's permit, EPA has included monitoring requirements for facilities which
the Agency believes have the potential for contributing significant levels of pollutants to storm water discharges. The
alternative described below is necessary to ensure that monitoring requirements are only imposed on those facilities
that do, in fact, have storm water discharges containing pollutants at concentrations of concern. EPA has determined
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
50991
that if materials and activities are not exposed to storm water at the site, then the potential for pollutants to contaminate
storm water discharges does not warrant monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph c below 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, 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 the case of
certifying that a pollutant is not present,
the permittee must submit the
certification along with the monitoring
reports required under paragraph (c)
bolow. If the permittee cannot certify for
an entire period, they must submit the
date exposure was eliminated and any
monitoring required up until that date.
This certification option is not
applicable to compliance monitoring
requirements associated with effluent
limitations. EPA does not expect
facilities to be able to exercise this
certification for indicator parameters,
such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report Form must be
submitted per storm event sampled. For
facilities conducting monitoring beyond
the minimum requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
The permittee must include a
measurement or estimate of the total
precipitation, volume of runoff, and
peak flow rate of runoff for each storm
event sampled.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
Interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30-
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/. Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
examinations of storm water discharges
from each outfall are required at water
transportation facilities. The
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, or other obvious indicators of
storm water pollution. The examination
must be conducted in a well lit area. No
analytical tests are required to be
performed on these samples.
The examination must be made at
least once in each of the designated
periods during daylight unless there is
insufficient rainfall or snow-melt to
runoff. Where practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 60 minutes) of when the
runoff begins discharging. Reports of the
visual examination include: the,
examination date and time, examination
personnel, visual quality of the storm
water discharge, and probable sources of
any observed storm water
contamination. The visual examination
reports must be maintained onsite with
the pollution prevention plan. The
visual examination must be conducted
in each of the following periods: January
through March; April through June; July
through September; and October
through December.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain such
documentation on-site with the results
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE R-3.—COMMON MANAGEMENT PRACTICES FOR STORM WATER POLLUTION PREVENTION AT SHIP AND BOAT
BUILDING AND REPAIRING FACILITIES—Continued
Activity
BMPs
Drydock activities
Nondrydock activities.
Engine maintenance and repairs
Material Handling
Bulk liquid storage and containment
Material Handling
Containerized material storage
Material Handling
Designated material mixing areas
Shipboard process water handling
f hosing must be used as a removal method, collect wash water to remove solids and poten-
tial metals.
Clean the remaining areas of the dock after a vessel has been removed and the dock raised.
Remove and properly dispose of floatable and other low-density waste (wood, plastic, insula-
tions, etc.).
Use plastic barriers beneath the hull, between the hull and drydock walls for containment.
Use plastic barriers hung from the flying bridge of the drydock, from the bow or stern of the
vessel, or from temporary structures for containment.
Weight the bottom edge of the containment tarpaulins or plastic sheeting during a light breeze.
Use plywood and/or plastic sheeting to cover open areas between decks when sandblasting
(scuppers, railings, freeing ports, ladders, and doorways).
Install tie rings or cleats, cable suspension systems, or scaffolding, to make implementation
containment easier.
Hang tarpaulin from the boat, fixed, or floating platforms to reduce pollutants transported by
wind.
Pave or tarp surfaces under marine railways.
Clean railways before the incoming tide.
Haul vessels beyond the high tide zone before work commences or halt work during high tide.
Place plastic sheeting or tarpaulin underneath boats to contain and collect waste and spent
materials and clean and sweep regularly to remove debris.
Use fixed or floating platforms with appropriate plastic or tarpaulin barriers as work surfaces
and for containment when work is performed on a vessel in the water to prevent blast mate-
rial or paint overspray from contacting storm water or the receiving water.
Sweep rather than hose debris present on the dock.
Maintain an organized inventory of materials used in the maintenance shop.
Dispose of greasy rag, oil filters, air filters, batteries, spent coolant, and degreasers properly.
Label and track the recycling of waste material (i.e., used oil, spent solvents, batteries).
Drain oil filters before disposal or recycling.
Store cracked batteries in a nonleaking secondary container.
Promptly transfer used fluids to the proper container; do not leave full drip pans or other open
containers around the shop. Empty and clean drip pans and containers.
Do not pour liquid waste down floor drains, sinks, or outdoor storm drain inlets.
Plug floor drains that are connected to the storm or sanitary sewer; if necessary, install a
sump that is pumped-regularly.
Inspect the maintenance area regularly for proper implementation of control measures.
Train employees on proper waste control and disposal procedures.
Store permanent tanks in a paved area surrounded by a dike system which provides sufficient
containment for the larger of either 10 percent of the volume of all containers or 110 percent
of the volume of the largest tank.
Maintain good integrity of all storage tanks.
Inspect storage tanks to detect potential leaks and perform preventive maintenance.
Inspect piping systems (pipes, pumps, flanges, couplings, hoses, valves) for failures or leaks.
Train employees on proper filling and transfer procedures.
Store containerized materials (fuels, paints, solvents, etc.) in a protected, secure location and
away from drains.
Store reactive, ignitable, or flammable liquids in compliance with the local fire code.
Identify potentially hazardous materials, their characteristics, and use.
Control excessive purchasing, storage, and handling of potentially hazardous materials.
Keep records to identify quantity, receipt date, service life, users, and disposal routes.
Secure and carefully monitor hazardous materials to prevent theft, vandalism, and misuse of
materials.
Educate personnel for proper storage, use, cleanup, and disposal of materials.
Provide sufficient containment for outdoor storage areas for the larger of either 10 percent of
the volume of all containers or 110 percent of the volume of the largest tank. . ••
Use temporary containment where required by portable drip pans.
Use spill troughs for drums with taps.
Mix paints and solvents in designated areas away from drains, ditches, piers, and surface wa-
ters. Locate designated areas preferably indoors or under a shed.
If spills occur,
Stop the source of the spill immediately.
Contain the liquid until cleanup is complete.
Deploy oil containment booms if the spill may reach the water.
Cover the spill with absorbent material.
Keep the area well ventilated.
Dispose of cleanup materials properly.
Do not use emulsifier or dispersant.
Keep process and cooling water used aboard ships separate from sanitary wastes to minimize
disposal costs for the sanitary wastes.
Keep process and cooling water from contact with spent abrasives and paint to avoid pollution
of the receiving water.
Inspect connecting hoses for leaks.
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50995
TABLE R-3.—COMMON MANAGEMENT PRACTICES FOR STORM WATER POLLUTION PREVENTION AT SHIP AND BOAT
BUILDING AND REPAIRING FACILITIES—Continued
Activity
BMPs
Shipboard sanitary waste disposal
Bllga and Ballast water.
Discharge sanitary wastes from the ship being repaired to the yard's sanitary system or dis-
pose of by a commercial waste disposal company.
Use appropriate material transfer procedures, including spill prevention and containment activi-
ties.
Collect and dispose of bilge and ballast waters which contain oils, solvents, detergents, or
other additives to a licensed waste disposal company.
B-92MJ02'EPA< Off!Ce °f Wal8r'1"3' "GuWance Specifying Management Measures for Survey of Nonpoint Pollution'in Coastal Waters." 840-
University of South Alabama, College of Engineering. September 1992. Best Management Practices for tr
ana for Bridge Maintenance Activities. College of Engineering Report No. 92-2.
NPOES Storm Water Group Applications—Part 1. Received by EPA March 18,1991 through December 31,1992
4. Pollutant Control Measures Required
Through Other EPA Programs
EPA recognizes that the Resource
Conservation and Recovery Act (RCRA)
and the Underground Storage Tank
(UST) programs require careful
management of materials used at Ship
Building and Repairing Facilities and
Boat Building and Repairing Facilities.
Under the RCRA program, on
September 10,1992, EPA promulgated
standards in 40 CFR Part 279 for the
management of used oils that are
recycled (57 FR 41566). These standards
includo requirements for used oil
generators, transporters, processors/re-
rofiners, and burners. The standards for
used oil generators apply to all
generators, regardless of the amount of
used oil they generate. Do-it-yourself
(DIY) generators which generate used oil
from the maintenance of their personal
vehicles, however, are not subject to the
management standards (Subsection
279,20(a)(l)).
Tho requirements for used oil
generators wore designed to impose
minimal burden on generators while
protecting human health and the
environment from the risks associated
with managing used oil. Under Subpart
C of 40 CFR Part 279, used oil
generators must not store used oil in
units other than tanks, containers, or
units subject to regulation under Part
264 or 265 of 40 CFR 279.22(a). In other
words, generators may store used oil in
tanks or containers that are not subject
to Subpart J (Hazardous Waste Tanks) or
Subpart I (Containers) of Parts 264/265,
as long as such tanks or containers are
maintained in compliance with the used
oil management standards. This does
not preclude generators from storing
used oil in Subpart J tanks or Subpart
I containers or other units, such as
surface impoundments (Subpart K), that
aro subject to regulation under Part 264
or 265.
Storage units at generator facilities
must bo maintained in good condition
and labeled with the words "used oil."
Upon detection of a release of used oil
to the environment, a generator must
take steps to stop the release, contain
the released used oil, and properly
manage the released used oil and other
materials (Sections 279.22(b)-(d)).
Generators storing used oil in
underground storage tanks are subject to
the UST regulations (40 CFR Part 280).
If used oil generators ship used oil
offsite for recycling, they must use a
transporter who has notified EPA and
obtained an EPA identification number
(Section 279.24).
The technical standards for USTs at
40 CFR Part 280 require that new UST
systems (defined as systems for which
installation commenced after December
12,1988) use overfill prevention
equipment that will: (1) Automatically
shut off flow into the tank when the
tank is no more than 95 percent full; or
(2) alert the transfer operator when the
tank is no more than 90 percent full by
restricting the flow into the tank or
triggering a high level alarm. The
preceding requirements do no apply to
systems that are filled by transfers of no
more than 25 gallons at one time.
Existing UST systems (defined as
systems for which installation has
commenced on or before December 12,
1988) are required to have installed the
described overfill prevention equipment
by December 12,1998.
5. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to the
prohibitions in part III.A., this section of
today's permit does not authorize
prohibited non-storm water discharges
of wastewaters, such as bilge and ballast
water, sanitary wastes, pressure
washwater, and cooling water
originating from vessels. The operators
of such discharges must obtain coverage
under a separate NPDES permit if
discharged to waters of the U.S. or
through a municipal separate storm
sewer system. Part m.A.2 of today's
permit does, however, authorize certain
non-storm water discharges.
6. Storm Water Pollution Prevention
Plan Requirements
The conditions that apply to ship and
boat building and repairing facilities
build upon the requirements set forth in
the front of this fact sheet which are
based on the requirements of the
September 9,1992 baseline general
permit. The discussion which follows,
therefore, only addresses conditions that
differ from those baseline conditions.
a. Contents of the Plan
(1) Description of Potential Pollutant
Sources. Under the description of
potential pollutant sources in the storm
water pollution prevention plan
requirements, permittees are required to
include the location(s) on their facility
site map where engine maintenance and
repair work, vessel maintenance and
repair work, and pressure washing are
performed. This requirement is the same
as the baseline requirements presented
in the front of this fact sheet, but here
it is expressed in more appropriate
terms for the ship and boat industry.
Rather than requiring the location of
"storage areas" as in the baseline
general permit, this storm water
pollution prevention plan specifies that
the location of liquid storage areas (i.e.,
paint, solvents, resins) and material
storage areas (i.e., blasting media,
aluminum, steel) be shown. In addition,
the site map must also indicate the
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls (e.g. storm water
and air conditioner condensate). In
order to increase the readability of the
map, the inventory of the types of
discharges contained in each outfall
may be kept as an attachment to the site
map.
(2) Measures and Controls. Under the
description of measures and controls in
the storm water pollution prevention
plan requirements, this section requires
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50996
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
that all areas that may contribute
pollutants to storm waters discharges
shall be maintained in a clean and
orderly manner. This section of today's
permit also requires that the following
areas be specifically addressed:
(a) Pressure Washing Area—When
pressure washing is used to remove
marine growth from vessels, the
discharge water must be collected or
contained and disposed of as required
by the NPDES permit for this process
water, if the discharge is to waters of the
U.S. or through a municipal separate
storm sewer. The plan must describe the
measures to collect or contain the
discharge from the pressure washing
area, detail the method for the removal
of the visible solids, describe the
method of disposal of the collected
solids, and identify where the discharge
will be released (i.e., the receiving
waterbody, storm sewer system, sanitary
sewer system).
(b) Blasting and Painting Areas—The
facility must consider containing all
blasting and painting activities to
prevent abrasives, paint chips, and
overspray from reaching a receiving
waterbody or storm sewer system. The
plan must describe measures taken at
the facility to prevent or minimize the
discharge of spent abrasive, paint chips,
and paint into the receiving waterbody
and storm sewer system. The facility
may consider hanging plastic barriers or
tarpaulins during blasting or painting
operations to contain debris. Where
appropriate, a schedule for cleaning
storm water conveyances to remove
deposits of abrasive blasting debris and
paint chips should be addressed within
the plan. The plan should include any
standard operating practices with regard
to blasting and painting activities. Such
items may include the prohibition of
performing uncontained blasting and
painting over open water or blasting and
painting during windy conditions
which can render containment
ineffective.
(c) Material Storage Areas—All stored
and containerized materials (fuels,
paints, solvents, waste oil, antifreeze,
batteries) must be stored in a protected,
secure location away from drains and
plainly labeled. The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from such storage areas. The facility
must specify which materials are stored
indoors and consider containment or
cover for materials that are stored
outdoors. Above ground storage tanks,
drums, and barrels permanently stored
outside must be delineated on the site
map with a description of the
containment measures in place to
prevent leaks and spills. The facility
must consider implementing an
inventory control plan to prevent
excessive purchasing, storage, and
handling of potentially hazardous
materials. Those facilities where
abrasive blasting is performed must
specifically include within the plan
discussion on the storage and proper
disposal of spent abrasive generated at
the facility.
(d) Engine Maintenance and Repair
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from all areas used for engine
maintenance and repair. The facility
must consider performing all
maintenance activities indoors,
maintaining an organized inventory of
materials used in the shop, draining all
parts of fluids prior to disposal,
prohibiting the practice of hosing down
the shop floor where the practice would
result in the exposure of pollutants to
storm water, using dry cleanup
methods, and/or collecting the storm
water runoff from the maintenance area
and providing treatment or recycling.
(e) Material Handling Areas—The
plan must describe measures that
prevent or minimize contamination of
the storm water runoff from material
handling operations and areas (i.e.,
fueling, paint and solvent mixing,
disposal of process wastewater streams
from vessels). The facility must consider
covering fueling areas; using spill and
overflow protection; mixing paints and
solvents in a designated area, preferably
indoors or under a shed; and
minimizing runon of storm water to
material handling areas. Where
applicable, the plan must address the
replacement or repair of leaking
connections, valves, pipes, hoses, and
soil chutes carrying wastewater from
vessels.
(f) Drydock Activities—The plan must
address the routine maintenance and
cleaning of the drydock to minimize the
potential for pollutants in storm water
runoff. The facility must describe the
procedures for cleaning the accessible
areas of the drydock prior to flooding
and the final cleanup after the vessel is
removed and the dock is raised.
Cleanup procedures for oil, grease, or
fuel spills occurring on the drydock
must also be included within the plan.
The facility must consider items such as
sweeping rather than hosing off debris
and spent blasting material from the
accessible areas of the drydock prior to
flooding arid having absorbent materials
and oil containment booms readily
available to contain and cleanup any
spills.
(g) General Yard Area—The plan
must include a schedule for routine
yard maintenance and cleanup. Scrap
metal, wood, plastic, miscellaneous
trash, paper, glass, industrial scrap,
insulation, welding rods, packaging,
etc., must be routinely removed from
the general yard area. The facility must
consider such measures as providing
covered trash receptacles in each yard,
on each pier, and on board each vessel
being repaired.
These seven areas are the common
sources of pollutants in storm water
from ship building and repairing and
boat building and repairing activities.
Based upon Best Management Practices
for the Shipbuilding and Repair
Industry and for Bridge Maintenance
Activities prepared by the College of
Engineering at the University of South
Alabama, the suggested management
measures are commonly used at ship
and boat facilities. EPA believes that the
incorporation of management practices
such as those suggested will
substantially reduce the potential for
these activities and areas to contribute
pollutants to storm water discharges. In
addition, EPA believes that these
requirements will continue to provide
the necessary flexibility to address the
variable risk for pollutants in storm
water discharges associated with
different facilities. Many facilities will
find that appropriate management
measures are already employed at the
facility because they have been required
under an existing EPA program.
The preventive maintenance
requirements specifically include the
routine inspection of sediment traps to
ensure that spent abrasives, paint chips,
and solids will be intercepted and
retained prior to entering the storm
drainage system. Because of the nature
of operations occurring at ship and boat
facilities, routine attention needs to be
placed on the collection and proper
disposal of spent abrasive, paint chips,
and other solids.
In addition to the comprehensive site
evaluation required under Part
XLR.3.a.(4) of today's permit, qualified
facility personnel shall be identified to
inspect designated equipment and areas
of the facility, at a minimum, on a
monthly basis. The following areas shall
be included in all inspections: pressure
washing areas, blasting and painting
areas, material storage areas, engine
maintenance and repair areas, material
handling areas, drydock areas, and
general yard areas. A set of tracking or
follow-up procedures shall be used to
ensure thatappropriate actions are
taken in response to the inspections.
Records shall be maintained.
The purpose of the inspections is to
check on the implementation and
effectiveness of the storm water
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50997
pollution prevention plan. The
inspections allow facility personnel to
monitor the success or failure of
elements of the plan on a regular basis.
Tho use of an inspection checklist is
encouraged. The checklist will ensure
that all required areas are inspected, as
well as help to meet the record keeping
requirements.
The permittee is required to identify
annual (once per year) dates for
employee training. Employee training
must, at a minimum address the
following areas when applicable to a
facility: used oil management; spent
solvent management; proper disposal of
spent abrasives; proper disposal of
vessel wastewaters, spill prevention and
control; fueling procedures; general
good housekeeping practices; proper
painting and blasting procedures; and
used battery management Employees,
independent contractors, and customers
must be informed about BMPs and be
required to perform in accordance with
these practices. The permittee is
required to consider posting easy to read
or graphic depictions of BMPs that are
included in the plan as well as
emergency phone numbers in the work
areas. This practice will enhance
employees understanding the pollutant
control measures. Unlike some
industrial operations, the industrial
activities associated with ship and boat
building and repair facilities that may
affect storm water quality require the
cooperation of all employees. EPA,
therefore, is requiring that employee
training take place at least once a year
to serve as: (1) Training for new
employees; (2) a refresher course for
existing employees; (3) training for all
employees on any storm water pollution
prevention techniques recently
Incorporated into the plan; and (4) a
forum for the facility to invite
independent contractors and customers
to inform them of pollution prevention
procedures and requirements.
7. Numeric Effluent Limitation
There are no additional numeric
effluent limitations beyond those
described in Part V.B. of today's permit.
8. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. Under the Storm Water
Regulations at 40 CFR 122.26(b)(14),
EPA defined "storm water discharge
associated with industrial activity." The
focus of today's permit is to address the
presence of pollutants that are
associated with the industrial activities
identified in this definition and that
might bo found in storm water
discharges. Under the methodology for
determining analytical monitoring
requirements, described in section
VI.E.1 of this fact sheet, nitrate plus
nitrite nitrogen is above the bench mark
concentrations for the ship and boat
building or repair yards sector. After a
review of the nature of industrial
activities and the significant materials
exposed to storm water described by
facilities in this sector, EPA has
determined that the higher
concentrations of nitrate plus nitrite
nitrogen are not likely to be caused by
the industrial activity, but may be
primarily due to non-industrial
activities on-site. Today's permit does
not require ship and boat building or
repair yards facilities to conduct
analytical monitoring for this parameter.
Therefore, under the revised
methodology for determining pollutants
of concern in the various industrial
sectors, no analytical monitoring is
required by ship and boat building and
repairing facilities.
b. Quarterly Visual Examination of
Storm Water Quality. Ship and boat
building or repair yard facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted under paragraph (3) below.
The examinationfs) must be made at
least once in each of the following 3-
month periods: January through March,
April through June, July through
September, and October through
December. The examination shall be
made during daylight hours unless there
is insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
• weather conditions that may prohibit
the collection of samples include
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.).
(5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
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5O99S Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan,
S. Storm Water Discharges Associated
With Industrial Activity From Vehicle
Maintenance Areas, Equipment
Cleaning Areas, or Deicing Areas
Located at Air Transportation Facilities
1. Discharges Covered Under This
Section
The conditions in this section apply
to airports, airport terminals, airline
carriers, and establishments engaged in
servicing, repairing, or maintaining
aircraft and ground vehicles, equipment
cleaning and maintenance (including
vehicle and equipment rehabilitation
mechanical repairs, painting, fueling,
lubrication) or deicing/anti-icing
operations which conduct the above
described activities (facilities generally
classified as SIC code 45). For the
purpose of this final permit, the term
"deicing" is defined as the process to
remove frost, snow, or ice and "anti-
icing" is the process which prevents the
accumulation of frost, snow, or ice. Both
of these activities are covered under this
permit.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
a. Responsible Parties. Airports
typically operate under a single
management organization known as the
airport "authority" which in mdst cases
is a public agency. Airline carriers arid
other fixed base operators (e.g., fueling
companies and maintenance shops) that
have contracts with the airport authority
to conduct business on airport property
are commonly referred to as "tenants"
of the airport. Tenants may be of two
types—those that are regulated as storm
water dischargers associated with
industrial activities under 40 CFR
122.26(b)(14) and those that are not. The
operator and the tenants of the airport
that conduct industrial activities as
described above, or as'described
anywhere in 40 CFR 122.26(b)(14) and
which have storm water discharges, are
required to apply for coverage under an
NPDES storm water permit for the
discharges from their areas of operation.
Where an airport has multiple operators
(airport authority and tenants) that have
storm water discharges associated with
industrial activity, as described above,
each operator is required to apply for
coverage under an NPDES storm water
permit. This may be done as separate
operators or may be done as co-
permittees. Regardless, each individual
party, whether a co-permittee or a
separate permittee, must submit a notice
of intent (NOI) to be covered under
today's permit. During implementation
of the storm water pollution prevention
plan, the airport authority should work .
cooperatively with tenants that are not
required to have a NPDES permit for
their storm water discharges. The
airport authority may accomplish this
through negotiated agreements,
contractual requirements, or other
means. Ultimately, the operators)/
owner(s) (the airport authority) of the
storm water outfalls from the airport
is(are) responsible for compliance with
all terms and conditions of this or other
NPDES permits applicable to those
outfalls. Storm water pollution
prevention plans developed separately
for areas of the airport facility occupied
by tenants of the airport that are
regulated under 40 CFR 122.26(b)(14) as
a stprm water discharge associated with
industrial activity shall be integrated
into,the storm water pollution
prevention plan for the entire airport
facility.
The airport authority and tenants of
the airport are encouraged to apply as
co-permittees under today's permit, and
to work in partnership in the
development and implementation of a *
storm water pollution prevention plan.
2. Pollutants Found in Storm Water
Discharges
In general, the quantitative data
submitted thus far has not raised any
particular areas of concern with respect
to discharges of pollutants resulting
from vehicle maintenance and/or
deicing/anti-icing operations conducted
at airport facilities. However, EPA
believes that the part 2 sampling data
does not provide justification that
discharges resulting from deicing/anti-
icing operations are not a significant
source of pollutants. The sampling
requirements for part 2 of the group
application did not specify that facilities
must sample storm water discharges
from areas where deicing/anti-icing
activities occur and/or during times
when such operations were being
conducted. As a result, only one facility
indicated that the sampling data
submitted was collected from areas
where deicing activities were being
conducted. After reviewing recent case
studies on the effects of glycol
discharges to receiving waters, EPA
reports and the results of FAA surveys,
EPA believes that additional
information on the discharges of
deicing/anti-icing chemicals to
receiving waters as a result of aircraft
and runway deicing/anti-icing
operations is warranted and necessary.
Both ethylene and propylene glycols
exert high oxygen demands when
released into receiving waters. As such,
this section requires that facilities report
both the Biochemical Oxygen Demand
(BOD) and Chemical Oxygen Demand
(COD) of discharges sampled at facilities
that use at least 100,000 gallons or more
of glycql-based deicing/anti-icing
chemicals. The concentration of
nitrogen and possibly ammonia are the
concern with respect to deicing/anti-
icing operations where urea is used.
Therefore, this section requires that
facilities subject to the monitoring
requirements in Part XI.S.5. of the
permit also report the concentration of
Total Kjeldahl Nitrogen (TKN) in
discharges sampled.
The results of the storm water survey
conducted by the FAA (June 1992)
showed that 10 percent of the
respondents who conduct deicing/anti-
icing activities used more than 100,000
gallons of glycol-based deicing/anti-
icing chemicals during winter seasons.
In addition, those facilities using more
than 100,000 gallons of glycol-based
deicing/anti-icing chemicals accounted
for 71 .percent of the total amount of
glycol-baseddeicing/anti-icing
chemicals reported'in the survey. In a
similar survey conducted by the
American Association of Airport '
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 50999
Executives, 4 percent of the airports
conducting deicing/anti-icing activities
used more than 100,000 gallons of
ethylone glycol which represented
approximately 76 percent of the total
amount of ethylene glycol used by all
airports surveyed.
3. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to the non-storm
water prohibitions described under Part
I1I.A.2, today's permit clarifies in Part
XI.S.2.a (Prohibition of Non-storm
Water Discharges) that non-storm water
discharges, including discharges from
aircraft, ground vehicle and equipment
washwaters, dry weather discharges
from airport deicing/anti-icing
operations, and dry weather discharges
resulting from runway maintenance are
not authorized under this permit. Dry
weather discharges are generated from
processes other man those described in
tho definition of storm water. The
definition of storm water includes storm
water runoff, snow melt runoff, and
surface runoff and drainage. There is no
limit on the time between the snowfall
and snow melt for the purpose of
including a snow melt discharge in the
definition of storm water. All other
discharges not included in the
definition of storm water constitute non-
storm water discharges. Operators of
non-storm water discharges must obtain
coverage under a separate NPDES
wastowater permit if such discharges are
a point source discharge to waters of the
U.S. or are discharged through a
municipal separate storm sewer system.
In a related requirement, the permittee
is required to attach a copy of the
NPDES permit issued for the discharge
of non-storm water runoff or, if an
NPDES permit has not yet been issued,
a copy of the pending application to the
plan. For facilities that discharge the
waters mentioned above to a sanitary
sower system, the operator of the
sanitary sewer system must be notified.
A copy of the notification letter must be
attached to the plan. If an industrial
user permit has been issued under a
protreatment program, a copy of the
permit must be attached to the plan as
does any other permit to which the
facility's discharge waters are subject.
This \vlll help to prevent confusion and
help to ensure that non-storm water
discharges ore not inadvertently
authorized by this permit.
b. Releases ofReportable Quantities
of Hazardous Substances and Oil.
Today's permit clarifies in Part XI.S.2.b
(Releases ofReportable Quantities of
Hazardous Substances and Oil) that
each individual permittee is required to
report spills equal to or exceeding the
RQ levels specified at 40 CFR110,117
and 302. If the airport authority is the
sole permittee, then the sum total of all
spills at the airport must be assessed
against the RQ. If the airport authority
is a co-permittee with other deicing/
anti-icing operators at the airport, such
as numerous different airlines, the
assessed amount must be the
summation of spills by each co-
permittee. If separate, distinct
individual permittees exist at the
airport, then the amount spilled by each
separate permittee must be the assessed
amount for the RQ determination.
4. Storm Water Pollution Prevention
Plan Requirements
a. Contents of the Plan. The pollution
prevention plan requirements described
below are in addition to those found
under Part VI.C.
(1) Description of Potential Pollutant
Sources. In addition to the common
pollution prevention plan requirements
discussed in Part VI.C.2.a. (Drainage),
the site map developed for an entire
airport shall identify the location of
each tenant of the facility describe their
activities.
In addition to the pollution
prevention requirements discussed in
Part VI.C.2. (Description of Potential
Pollutant Sources), airport facilities,
including areas operated by tenants of
the facility that conduct industrial
activities, must address the following
specific operations and areas where the
operations occur:
Aircraft Deicing/'Anti-icing—Includes
both deicing to remove frost, snow or
ice, and anti-icing which prevents the
accumulation of frost, snow or ice.
Deicing/anti-icing of an airplane is
accomplished through the application of
a freezing point depressant fluid,
commonly ethylene glycol or propylene
glycol, to the exterior surface of an
aircraft. Both ethylene and propylene
glycol have high biochemical oxygen
demands (BOD) when discharged to
receiving waters. Environmental
impacts on surface waters due to glycol
discharges includes glycol odors and
glycol contaminated surface water and
ground water systems, diminished
dissolved oxygen levels and fish kills.
The Federal Aviation Administration
(FAA) recently conducted a survey
which focused on aircraft and runway
deicing/anti-icing operations at U.S.
airports. Ninety-six airports responded
to the survey and results are
summarized in a final report dated June
1,1992. In summary, 65 airports
indicated the amounts of ethylene
glycol used for aircraft deicing for the
winter periods of 1989-90 and"l990-91
and the volumes used by each airport
ranged significantly, from a few gallons
to 520,000 gallons. The average annual
volume of ethylene glycol used by all
respondents for the winter periods of
1989-90 and 1990-91 was
approximately 2.16 million gallons.
The FAA survey summary reported
that the majority of aircraft deicing
operations occur on the apron adjacent
to the passenger terminal and runoff
generally drains to a nearby storm water
inlet. In fact, 31 of the respondents to
the FAA survey indicated that 75
percent or more of the spent deicing
chemicals were discharged to a storm
sewer system. In general, the remainder
of spent chemical resulting from aircraft
deicing operations drained to ditches or
open areas.
All aspects of aircraft deicing/anti-
icing operations, including quantities
used and stored, as well as application,
handling and storage procedures are
required to be addressed under the
conditions of this section.
(b) Runway Deicing/Anti-icing—
Includes both deicing and anti-icing
operations conducted on runways, ,
taxiways and ramps. Runway deicing/
anti-icing commonly involves either the
application of chemical fluids such as
ethylene glycol or solid constituents
such as pelletized urea. Urea has a high
nitrogen content, therefore degradation
of urea in a receiving water causes an
increase in nutrient loadings resulting
in an accelerated growth of algae and
eutrophic conditions. Under certain
ambient conditions, the degradation of
urea in receiving waters can also result
in ammonia concentrations toxic to
aquatic life.
The FAA's storm water survey
reported that, of the facilities that
indicated using urea for runway
deicing/anti-icing for the winter periods
of 1989-90 and 1990-91, the amount of
urea used during a single winter period
ranged from 100 pounds to 1,450,000
pounds (715 tons). With regard to
disposal of spent deicing/anti-icing
chemicals from runways, taxiways and
ramps, 20 airports indicated that they
discharged 50 percent or more of runoff
from deicing areas directly to a storm
sewer system. In response to questions
concerning collection and treatment of
spent deicing chemicals from runway
deicing/anti-icing activities, only five
facilities indicated that runoff from
runway deicing/anti-icing operations
was collected and treated.
All aspects of runway deicing/anti-
icing operations, including types of
deicing/anti-icing chemicals, quantities
used and stored, as well as application,
handling and storage procedures are
required to be addressed under the
conditions of this section.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
(c) Aircraft Servicing—Typically
conducted on the apron area adjacent to
the passenger terminal, the servicing of
aircraft could potentially contribute
pollutants to storm water. As a result of
spills or leaks during the servicing of
aircraft, fluids such as engine oil,
hydraulic fluid, fuel and lavatory waste
could potentially enter the storm water
system and/or be discharged to
receiving waters. All spillage other than
potable water-should be prevented from
entering the storm sewer system.
(d) Aircraft, Ground Vehicle and
Equipment Maintenance and Washing—
Maintenance activities included in this
section include both minor and major
operations conducted either on the
apron adjacent to the passenger
terminal, or at dedicated maintenance
facilities. Potential pollutant sources
from all types of maintenance activities
include spills and leaks of engine oils,
hydraulic fluids, transmission oil,
radiator fluids, and chemical solvents
used for parts cleaning. In addition, the
disposal of waste parts, batteries, oil and
fuel filters, and oily rags also have a
potential for contaminating storm water
runoff from maintenance areas unless
proper management practices and
operating procedures are implemented.
The spent wash water from aircraft and
ground vehicle washing activities could
potentially be contaminated with
surface dirt, metals, and fluids (fuel,
hydraulic fluid, oil, lavatory waste).
(e) Runway Maintenance—Over time,
materials such as tire rubber, oil and
grease, paint chips, and jet fuel can
build up on the surface of a runway
causing a reduction in the friction of the
pavement surface. When the friction
level of a runway falls below a specific
level, then maintenance must be
performed. The Federal Aviation
Administration (FAA) recommends
several methods for removing rubber
deposits and other contaminants from a
runway surface including high pressure
water, chemical solvents, high velocity
particle impact, and mechanical
grinding. If not properly managed, the
materials removed from the runway
surface could be discharged into nearby
surface waters. Similarly, if chemical
solvents are used in the maintenance
operation, improper management
practices could result in discharges of
the chemical solvents in the storm water
runoff from runway areas to nearby
surface waters.
(2) Measures and Controls. In
addition to the common pollution
prevention plan requirements discussed
in Part VI.C.3. (Measures and Controls),
this section specifies that permittees
must address particular Best
Management Practices (BMP) for
specific areas and operations identified
as potential sources of pollutants. This
section further specifies that a schedule
for implementation shall be provided
for each BMP selected. The BMPs
specified in this section are not
intended to be the only alternative'
management practices considered by
operators, simply the minimum to be
considered. In most cases, the BMPs
specified are common sense approaches
that are already in practice at many
airport facilities. As such, operators may
only need to include the information in
their storm water pollution prevention
plan. Specific areas and industrial
operations mentioned in this section
and the corresponding BMPs for such
areas are the following:
(a) Aircraft, Ground Vehicle and
Equipment Maintenance Areas
(including aircraft service areas)—The
plan must describe measures that
prevent or minimize the contamination
of storm water runoff from all areas used
for aircraft, ground vehicle and
equipment maintenance and servicing.
Management practices such as
performing all maintenance activities
indoors, maintaining an organized
inventory of materials used, draining all
parts of fluids prior to disposal,
prohibiting the practice of hosing down
the apron or hangar floor, using dry
cleanup methods in the event of spills,
and/or collecting the storm water runoff
from maintenance and/or service areas
and providing treatment, or recycling
should be considered.
(b) Aircraft, Ground Vehicle, and
Equipment Cleaning Areas—The plan
must describe measures that prevent or
minimize the contamination of the
storm water runoff from all areas used
for aircraft, ground vehicle, and
equipment maintenance. Management
practices such as performing all
cleaning operations indoors, and/or
collecting the storm water runoff from
the area and providing treatment or
recycling should be considered.
(c) Aircraft, Ground Vehicle, and
Equipment Storage Areas—The storage
of aircraft, ground vehicles, and
equipment awaiting maintenance must
be confined to designated areas
(delineated on the site map). The plan
must describe measures that prevent or
minimize the contamination of storm
water runoff from these areas.
Management practices such as indoor
storage of aircraft and ground vehicles,
the use of drip, pans for the collection
of fluid leaks, and perimeter drains,
dikes or berms surrounding storage
areas should be considered.
. (d] Material Storage Areas—Storage
units of all materials (e.g., used oils,
hydraulic fluids, spent solvents and
waste aircraft fuel) must be maintained
in good condition, so as to prevent
contamination of storm water, and
plainly labeled (e.g., "used oil,"
"Contaminated Jet-A," etc.). The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff from storage areas.
Management practices such as indoor
storage of materials, centralized storage
areas for waste materials, and/or
installation of benns and dikes around
storage areas should be considered for
implementation.
(e) Airport Fuel System and Fueling
Areas—The plan must describe
measures that prevent or minimize the
discharge of fuels to the storm sewer
resulting from fuel servicing activities or
other operations conducted in support
of the airport fuel system. Where the
discharge of fuels into the storm sewer
cannot be prevented, the plan shall
indicate measures that will be employed
to prevent or minimize the discharge of
, the contaminated runoff into receiving
surface waters.
Where above ground storage timers
are present, pollution prevention plan
requirements shall be consistent with
requirements established in 40 CFR
112.7 guidelines for the preparation and
implementation of a spill prevention
control and countermeasure (SPCC)
plan. Where a SPCC plan already exists,
the storm water pollution prevention
plan may incorporate requirements into
the PPP by reference.
(fl Source Reduction—This section
specifies that facilities which conduct
aircraft and/or runway (including
taxiways and ramps) deicing/anti-icing
operations shall evaluate present
operating procedures to consider
alternative practices which would
reduce the overall amount of deicing/
anti-icing chemical used and/or lessen
the environmental impact of the
pollutant source.
With regard to runway deicing
operations, operators should begin by
evaluating present chemical application
rates to ensure against excessive over
application. Devices which meter the
amount of chemical being applied to
runways help to prevent over
application. Operators should also
emphasize anti-icing operations which
would preclude the need to deice; less
chemical is required to prevent the
formation of ice on a runway than is
required to remove ice from a runway.
To further assist in implementing anti-
icing procedures, operators should also
consider installing runway ice detection
systems (RID) otherwise known as
"pavement sensors" which monitor
runway temperatures. Pavement sensors
provide an indication of When runway
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51001
temperatures are approaching freezing
conditions, thus alerting operators of the
need to conduct anti-icing operations.
Deicing/anti-icing chemicals applied
during extremely cold, dry conditions,
are often ineffective since they do not
adhere to the ice surface and may be
scattered as a result of windy conditions
or aircraft movement. In an effort to
improve the efficiency of the
application, operators should consider
pre-wetUng the deicing chemical to
improve the adhesion to the iced
surface.
With regard to substitute deicing/
chemicals for runway use, operators
should consider using chemicals which
have less of an environmental impact on
receiving waters. Potassium acetate, has
a lower oxygen demand than glycol, is
nontoxic to aquatic habitat or humans,
and was approved by the FAA for
runway deicing operations in
November, 1991 (AC No. 150/5200-30A
CHG1).
In considering alternative
management practices for aircraft
deicing/ operations, operators should
evaluate present application rates to
ensure against excessive over
application. In addition, operators may
consider pretreating aircraft with hot
water or forced air prior to the
application of chemical deicer. The goal
of this management practice is to reduce
the amount of chemical deicer used
during the operation. This management
practice alone is not sufficient since
discharges of small concentrations of
glycol can have significant effects on
receiving waters. It is, however, an
effective measure to reduce the amount
of glycol needed per operation.
Ig] Management of Runoff—A number
of reports including EPA's Guidance For
Issuing NPDES Storm Water Permits For
Airports, September 28,1991 and
Federal Aviation Administration (FAA)
Advisory Circular (AC 150-5320-15)
indicate that the most common location
for deicing/anti-icing aircraft at U.S.
airports is along the apron areas where
mobile deicing vehicles operate from
gate to gate. In a recent FAA survey of
deicing/anti-icing operations at U.S.
airports (June 1992), the majority of
respondents indicated that spent deicer
chemicals from aircraft deicing/anti-
icing operations either drain to the
storm sewer system, open areas, or are
left to evaporate on the ramp.
This section specifies that operators ,
shall provide a narrative description of
BMPs to control or manage storm water
runoff from areas where deicing/anti-
icing operations occur in an effort to
minimize or reduce the amount of
pollutants being discharged from the
site. For example, when deicing/anti-
icing operations are conducted on
aircraft during periods of dry weather,
operators should ensure that storm
water inlets are blocked to prevent the
discharge of deicing/anti-icing
chemicals to the storm sewer system.
Mechanical vacuum systems or other
similar devices can then be used to
collect the spent deicing chemical from
the apron surface for proper disposal to
prevent those materials from later
becoming a source of storm water
contamination. Establishing a
centralized deicing station would also
provide better control over aircraft
deicing/anti-icing operations in that it
enables operators to readily collect
spent deicing/anti-icing chemicals.
Once spent deicer/anti-icer chemicals
are collected, operators can then select,
from various methods of disposal such
as:
(i) Disposal to Sanitary Sewage
Facility—Because glycols are readily
biodegradable, runoff can be treated
along with sanitary sewage. The
receiving treatment plant would,
however, have to have the capacity to
handle the hydraulic load as well as the
additional biochemical oxygen demand
associated with the deicing/anti-icing
chemical. Measurements have shown
that the average oxygen demand for
glycol is between 400,000 and 600,000
mg O2/L even if diluted per fluid
manufacturers specifications (FAA AC
150-5320-15 CHG1,1991). To lessen
both the increased hydraulic and
pollutant loads due to runoff from
: airport deicing/anti-icing operations,
. retention basins may be located at the
airport facility.
(ii) Retention and Detention Ponds—
Conversion of suitable unused airport
land into retention or detention basins
allows for collection of large volumes of
glycol waste from pavement surface
runoff. The design capacity for such
basins should at least handle surface
runoffs for winter months noting the
decreased microbial activity during the
winter season which is needed for
biodegradation, plus additional capacity
for runoff during thawing periods.
Continuous aeration would supply
required oxygen and allow for faster
biodegradation and release of glycol
waste, which may reduce capacity
requirements. Metering the discharge of
flow from an onsite basin allows the
operator to better control the rate of flow
during peak flight hours and to avoid
BOD shock loadings to a sanitary
treatment facility or a surface water.
(iii) Recycling—Glycol recycling
provides operators with a chemical cost
savings since recaptured glycol can be
sold or reused for other non-aircraft .
applications (FAA AC 150-5320-15,
February 1991). Studies indicate that
collected deicing chemicals which have
glycol concentrations ranging from 15 to
25 percent can be cost effectively
recycled. The optimal conditions for
collecting the highest concentration of
glycol in spent deicing fluid is directly
from the apron or centralized deicing
station when deicing operations are
conducted during dry weather or light
precipitation events. Deicing/anti-icing
chemicals discharged to retention basins
which are then allowed to mix with
additional surface runoff typically result
in glycol concentrations well below the
acceptable range for recycling. There
are, however, methods of physical
separation presently available which
increase the concentration of glycol and
allow operators to recover a relatively
reusable product.
(h) Inspections—In addition to the
common pollution prevention plan
requirements discussed in Part VLC.3.d
(Inspections), qualified personnel shall
inspect equipment and areas involved
in deicing/anti-icing operations on a
weekly basis during periods when
deicing/anti-icing operations are being
conducted.
(i) Pollution Prevention Training—
Pollution Prevention training programs
shall inform management and personnel
responsible for implementing activities
identified in the storm water pollution
prevention plan of the components and
goals of the plan. Training should
address topics such as spill response,
good housekeeping, material
management practices and deicing/anti-
icing procedures. The pollution
prevention plan shall identify periodic
dates for such training. EPA
recommends that facilities conduct
training annually at a minimum.
However, more frequent training may be
necessary at facilities with high
turnover of employees or where
employee participation is essential to
the storm water pollution prevention
plan.
(3) Comprehensive Site Compliance
Evaluation.-The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluation that qualified personnel will
conduct to: (1) Confirm the accuracy of
the description of potential pollution
sources contained in the plan, (2)
determine the effectiveness of the plan,
and (3) assess compliance with the
terms and conditions of the permit.
Comprehensive site compliance
evaluations must be conducted at least
annually. The individual or individuals
who will conduct the evaluations must
be identified in the plan and should be
members of the pollution prevention
team. Evaluation reports must be .•• ,
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retained for a period of at least 3 years
following the date of evaluation.
Based on the results of each
evaluation, the description of potential
pollution sources, and measures and
controls, the plan must be revised as
appropriate within 2 weeks after each
inspection. Changes in the measures
and controls must be implemented on
the site in a timely manner, and no later
than 12 weeks after completion of the
inspection.
5. Numeric Effluent Limitation
There are no additional numerical
limitations beyond those in Part V.B. of
this permit.
6. Monitoring and Reporting
Requirements
In general, the quantitative data
submitted with part 2 of the group
application was inadequate to clearly
identify particular areas of concern with
respect to discharges of pollutants
resulting from vehicle maintenance and/
or deicing/anti-icing operations
conducted at airport facilities. EPA
believes that the part 2 sampling data
does not provide justification that
discharges resulting from deicing/anti-
icing operations are not a significant
source of pollutants. The sampling
requirements for part 2 of the group
application did not specify that facilities
must sample storm water discharges
from areas where deicing/anti-icing
activities occur and/or during times
when such operations were being
conducted. As a result, only one facility
indicated that the sampling data
submitted was collected from areas
where deicing/anti-icing activities were
being conducted. After reviewing recent
case studies on the effects of glycol
discharges to receiving waters, EPA
reports, and the results of FAA surveys,
EPA believes that additional
information on the impacts of
discharges of deicing/anti-icing
chemicals to receiving waters resulting
from aircraft and runway deicing/anti-
icing operations is warranted and
necessary.
Both ethylene and propylene glycols
exert high oxygen demands when
released into receiving waters. As such,
this section requires that facilities report
both the Biochemical Oxygen Demand
(BOD) and Chemical Oxygen Demand
(COD) of discharges sampled at facilities
that use at least 100,000 gallons or more
of glycol-based deicing/anti-icing
chemicals^ The concentration of
nitrogen and possibly ammonia are the
concern with respect to deicing/anti-
icing operations where urea is used.
Therefore, this section .requires that
facilities .subject to the monitoring ;
requirements in Part XI.S.5. of the
permit also report the concentration of
Total Kjeldahl Nitrogen (TKN) in
discharges sampled.
The results of the storm water survey
conducted by FAA (June 1992) showed
that 10 percent of the respondents who
conduct deicing activities used more
than 100,000 gallons of glycol-based
deicing chemicals during winter
seasons. In addition, those facilities
using more than 100,000 gallons of
glycol-based deicing chemicals
accounted for 71 percent of the total
amount of glycol-based deiced
chemicals reported by all respondents
in the survey. In a similar survey
conducted by the American Association
of Airport Executives, 4 percent of the
airports conducting deicing activities
used more than 100,000 gallons of
ethylene glycol which represented
approximately 76 percent of the total
amount of ethylene glycol used by all
airports surveyed.
a. Annual Loading Estimates. All
facilities that use more than 100,000
gallons of glycol-based deicing/anti-
icing chemicals and/or 100 tons or more
of urea on an average annual basis shall
prepare estimates of annual pollutant
loadings resulting from discharges of
spent deicing/anti-icing chemicals from
the facility. The loading estimates shall
reflect the amounts of deicing/anti-icing
chemicals discharged to separate storm
sewer systems or surface waters, prior to
and after implementation of the
facility's storm water pollution
prevention plan. The purpose of these
estimates is to calculate the net
reduction in deicing/anti-icing chemical
loadings to receiving streams. Such
estimates shall be reviewed and
certified by an environmental
professional (engineer, scientist, etc.)
with experience in storm water
pollution prevention. The
environmental professional need not be
certified or registered, however,
experience with development of storm
water pollution prevention plans and
with airport operations is critical to
prepare accurate estimates. By means of
the certification, the environmental
professional, having examined the
facility's deicing/anti-icing procedures
and proposed control measures
described in the storm water pollution
prevention plan, shall attest that the
loading estimates have been accurately
prepared.
b. Analytical Monitoring
Requirements. EPA believes that
airports may reduce the level of
pollutants in storm water runoff from
their sites through the development and
proper implementation of the storm
water pollution prevention plan
requirements discussed in today's
permit. In order to provide a tool for
evaluating the effectiveness of the
pollution prevention plan and to
characterize the discharge for potential
environmental impacts, the permit
requires airport facilities that use
100,000 gallons or more of glycol-based
deicing/anti-icing chemicals and/or 100
tons or more of urea on an average
annual basis to collect and analyze
samples of their storm water discharges
from areas where deicing/anti-icing
activities occur for the pollutants listed
in Table S-l. Airport facilities which
use less than 100,000 gallons of glycol-
based deicing/anti-icing chemicals and/
or less than 100 tons of urea on an
average annual basis are not required to
monitor discharges resulting from
deicing/anti-icing activities.
In determining if an airport is subject
to the monitoring requirements, airport
authorities must determine the "average
annual usage rate" of deicing/anti-icing
chemicals at their particular facility.
The "average annual usage rate" is
determined by averaging the total
amounts of deicing/anti-icing chemicals
used at the facility for the three previous
calendar years. The total amount of
deicing/anti-icing chemicals used at an
airport facility is the cumulative amount
used by the airport authority and each
tenant of the airport facility. EPA
recognizes that glycol-based deicing/
anti-icing chemicals are often diluted
with water prior to deicing aircraft. In
some cases, deicing/aiiti-icing chemicals
may constitute only 50 percent of the
apph'ed volume of liquid to aircraft.
Therefore, in determining the fluid
amounts of deicing/anti-icing chemicals
used at a facility, operators should use
the pre-dilution volume.
At a minimum, storm water
discharges from airport facilities that
use 100,000 gallons or more of glycol-
based deicing/anti-icing chemicals and/
or 100 tons or more of urea on an
average basis must be monitored four
times during the second year of permit
coverage when deicing/anti-icing
activities are occurring and from outfalls
that receive storm water runoff from
those areas. At the end of the second
year of permit coverage, a facility must
calculate the average concentration for
all grab samples analyzed for each :
parameter listed in Table S-l on an
outfall-by-outfall basis. If more than four
different events are sampled during a
monitoring period, then the average
concentration for each parameter shall
be determined using all grab samples
analyzed.
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51003
TABLE S-1.—INDUSTRY MONITORING
REQUIREMENTS
Parameter
Biochemical Oxygen De-
mand (BODs).
Chemical Oxygen Demand
(COD).
Ammonia
DH
Cut-off con-
centration
30mg/L
120mg/L
19 mg/L
6.0 to 9 s.u.
If the average concentration for all
grab samples analyzed for a parameter is
less than or equal to the value listed in
Table S-l, then the permittee is not
required to conduct quantitative
analysis for that parameter during the
fourth year of the permit. If, however,
the average concentration for all grab
samples analyzed for a parameter is
1 greater than the cut-off concentration
listed in Table S-l, then the permittee
is required to conduct monitoring four
times for that parameter while deicing/
TABLE S-2.—SCHEDULE OF MONITORING
anti-icing operations are occurring in
the fourth year of the permit.
Monitoring is not required during the
first, third, and fifth year of the permit.
The exclusion from monitoring in the
fourth year of the permit is conditional
on the facility maintaining industrial
operations and BMPs that will ensure a
quality of storm water discharges
consistent with the average
concentrations recorded during the
second year of the permit.
2nd Year of Permit Coverage
4th Year of Permit Coverage
• Collect a minimum of four samples during months of deicing/anti-icing (December-February)
Conduct monftoring for four separate events during months of deicing/anti-icing (December-
February)
• Calculate the average concentration on an outfall by outfall basis, for all parameters ana-
lyzed during this period
• If average concentration is greater than the value listed in Table S-1, then sampling is re-
quired during the fourth year of the permit
• If average concentration is less than or equal to the value listed in Table S-1, then no fur-
ther sampling is required for that parameter
• Conduct monitoring four times, on an outfall by outfall basis, during the months of deicing/
anti-icing (December-February) for any parameter where the average concentration in year
2 of the permit is greater than the value listed in Table S-1
• If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, monitoring is required for all parameters of
concern during the months of deicing/anti-icing (December-February)
In cases where the average
concentration for all grabs analyzed for
a parameter exceeds the cut-off
concentration, EPA expects permittees
to place special emphasis on methods
for reducing the presence of those
parameters in storm water discharges.
Quarterly monitoring in the fourth year
of the permit will reassess the
effectiveness of the adjusted pollution
prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
c. Alternative Certification. The
alternative certification provision
discussed in other industry sectors
described in Part VHI of this fact sheet
are not applicable to discharges
resulting from deicing/anti-icing
operations. As structured, today's
permit only requires monitoring from
airports that use more than 100,000
gallons of glycol-based deicing/anti-
icing chemicals and/or 100 tons of urea.
In addition, airports that use less than
the stated thresholds of deicing/anti-
icing chemicals are not required to
submit an alternative certification.
d. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage no later
than the 31st day of March following the
monitoring period. For each outfall, one
signed Discharge Monitoring Report
form must be submitted to the Director
per storm event sampled. For facilities
conducting monitoring beyond the
minimum requirements an additional
Discharge Monitoring Report Form must
be filed for each analysis.
e. Sample Type. A minimum of one
grab and one flow-weighted composite
sample shall be taken from each outfall
that collects runoff from areas where
deicing/anti-icing activities occur. The
required 72-hour storm event interval is
waived where the preceding measurable
storm event did not result in a
measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample is intended to provide
information on the maximum expected
concentrations of BODS, COD, and
ammonia as a result of deicing/anti-
icing chemicals discharged during the
precipitation event. The composite
sample is intended to provide a measure
of the BODS, COD, ammonia loadings
for the entire precipitation event as a
result of the discharge of deicing/anti-
icing chemicals. It will also provide site-
specific information necessary for
calculating the estimates of the annual
pollutant loadings also required by this
permit. The recommended methodology
for performing grab and composite
sampling is described at 40 CFR
122.21(g)(7). The permittee has the
option to submit site-specific deicing/
anti-icing discharge monitoring protocol
and methodology, better suited to the
particular facility, to the Director for
approval.
/. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
drainage area [e.g., low (under 40
percent), medium (40 to 65 percent), or
high (above 65 percent)] shall be
provided in the plan.
T. Storm Water Discharges Associated
With Industrial Activity From Treatment
Works
1. Discharges Covered Under this
Section
On November 16,1990 (55 FR 47990),
the U.S. Environmental Protection
Agency (EPA) promulgated the
regulatory definition of "storm water.
discharges associated with industrial
activity." This definition includes point
source discharges of storm water from
eleven categories of facilities, including
"* * * (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 M.G.D. or more or
required to have an approved
pretreatment program under 40 CFR
part 403."
This section establishes special
conditions for storm water discharges
associated with industrial activity from
treatment works treating domestic
sewage with, a design flow of 1.0 M.G.D.
or more, or for treatment works that are
required to have an approved
pretreatment program under 40 CFR
Part 403, or for those having land
dedicated to the disposal of sewage
sludge within the confines of the
facility. Please note that storm water
discharges from 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 Section 405 of the Clean Water Act
(CWA), are not currently regulated
under the Federal storm water
regulations.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Industry Profile
Wastewater treatment plants remove
organic and inorganic contaminants
from domestic sewage and sludged This
section provides a description of the
treatment processes for reducing
pollutants in domestic sewage; The
operations are basically the same at all
treatment plants and may be categorized
by three general processes: primary
treatment, secondary treatment, and
tertiary treatment.
Primary Treatment—The objective of
primary treatment is the removal of
settleable and suspended organic
pollutants. This typically involves at
least one of the following operations:
screening, grit removal, and
sedimentation. Chemical processes,
such, as disinfection, may also occur
during primary treatment operations.
Secondary Treatment—The objective
of secondary treatment is further
removal of settleable solids and soluble •
organic matter. The operations
employed during secondary treatment
include biological oxidation via
suspended growth or fixed film
processes, such as activated sludge,
rotating biological contractors or'
trickling filters. ;
Tertiary Treatment—The objectives of
tertiary treatment include further
treatment of wastewater, such as
removal of suspended solids by
filtration; removal of nutrients, such as
phosphorus and nitrogen, typically
through chemical additions and
biological processes, or by selective ion
exchange; and further removal of
pollutants through activated carbon .
treatment.
Prior to discharge into a receiving
water body, treated wastewater is
disinfected using chlorination followed
by dechlorination. Sludge produced
during primary and secondary treatment
is commonly combined, thickened,
stabilized, and then mechanically
dewatered. Sludge is aerpbically or
anaerobically stabilized by adjusting the
pH with lime. This is followed by
dewatering process where a polymer is
added to condition the sludge for
dewatering. Sludge is often stored onsite
in piles exposed to weather, until final
disposal (e.g., surface disposal, or
incineration). When sludge is to be land
applied, sludge drying beds or
composting piles may be exposed to
precipitation. In cases where sludge is
incinerated onsite of the treatment
plant, ash piles or impoundments may
be exposed to precipitation.
3. Pollutants Found in Storm Water
Discharges From Treatment Works
The impact of industrial activities at
treatment works on storm water
discharges will vary. Factors at a site
which influence the water quality
include geographic location,
hydrogeology, the industrial activities
exposed to storm water discharges, the
facility's size, the types of pollution
prevention measures/best management
practices in place, and the type,
duration, and intensity of storm events. •
Taken together or separately, these
factors determine how polluted the
storm water discharges will be at a given
facility. For example, caustic soda may
be significant source of pollutants at
some facilities, while incinerator ash
may be the primary pollutant source at
others. Additionally, pollutant sources
other than storm water, such as illicit
connections, spills, and other
improperly dumped materials, may
increase the pollutant loading
discharged into Waters of the United
States.
Table T—1 lists industrial activities
that commonly occur at treatment
works, common pollutant sources at
these facilities, and pollutants that are
associated with these sources. Table T—
1 identifies parameters as potential
pollutants of concern associated with
facilities covered by this section.
TABLE T-1— DESCRIPTION OF INDUSTRIAL ACTIVITIES, POTENTIAL POLLUTANT SOURCES, AND POSSIBLE POLLUTANTS
Activity
Pollutant source
Pollutant
Preparation of biological and physical treatment
processes.
Spills and leaks of process chemicals
Disinfectants, polymers and coagulants, alum,
ferric chloride, soda ash, lime, sodium alu-
minate, sodium hypochlqrite, caustic soda.
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51005
TABLE T-1.—DESCRIPTION OF INDUSTRIAL ACTIVITIES, POTENTIAL POLLUTANT SOURCES, AND POSSIBLE POLLUTANTS—
Continued
Activity
Soil amending and grass fertilizing
Liquid storage In above ground storage
Pest Control
Sludge Drying Beds
Sludge Storage Piles
Sludge Transfer
Incineration
Miscellaneous
Pollutant source
Over fertilizing
External corrosion and structural failure
Installation problems
Spills and overfills due to operator error
Failure of piping systems (pipes, pumps,
flanges, couplings, hoses, and valves).
Leaks or spills during pumping of liquids from
barges, trucks, or rail cars to a storage fa-
cility.
Large quantities of pesticide application pes-
ticide storage.
Sludpe
Sludge
Sludge, vehicles, transfer equipment
Ash impoundments/piles
Grit and scum piles from clarifiers screens
exposed soil.
Pollutant
Commercial brands of balance fertilizers (6—
6-6, 8-8-8 or 12-12-12), commercial
sludge based products, nitrogen, other nu-
trients, phosphorous, ammonia.
Aluminum sulfate liquid chlorine liquid poly-
mer, fuel, oil.
Aluminum sulfate, liquid chlorine liquid poly-
mer, fuel, oil.
aluminum sulfate liquid chlorine liquid poly-
mer, fuel, oil.
Aluminum sulfate, liquid chlorine, liquid poly-
mer, fuel, oil.
Aluminum sulfate, liquid chlorine, liquid poly-
mer, fuel, oil.
dimethylphthalate, diethyl phthalate,
dichlorvos, carbaryl, skeetal, batex, liquid
copper.
Nitrate TDS TSS ammonia
Nitrate TDS TSS ammonia
Nitrate, TDS, TSS, oil, fuel, hydraulic fluids
ammonia.
Heavy metals TDS TSS
TSS.
Sources: EPA, Risk Reduction Engineering Lab, Cincinnati, OH, and U.S. of America National Committee for Representation of the United
States to the International Association of Water Pollution Research and Control. November 1989. "Developments at International Conference on
Water Pollution Research (14th)." EPA/600/2-89/059.
EPA, Office of Water Program Operations. June 1983. "Need Survey, 1982. Conveyance, Treatment, and Control of Municipal Wastewater,
Combined Sewer Overflows, and Storm Water Runoff: Summaries of Technical Data." EPA/430/9-83/002.
EPA, Office of Research and Development. May 1992. "Facility Pollution Prevention Guide." EPA/600/R-92/088.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities—Developing Polluth
Management Practices." EPA 832-R-92-006.
Pollution Prevention Plans and Best
Based on the similarities of the , treatment works facilities as a whole include the eight pollutants that all
facilities included in this sector in terms and not subdivide this sector. Therefore, facilities were required to monitor for
of industrial activities and significant Table T-2 lists data for selected under Form 2F, as well as the pollutants
materials, EPA believes it is appropriate parameters from facilities in the that EPA has determined may merit
to discuss the potential pollutants at , treatment works sector. These data further monitoring.
TABLE T-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY TREATMENT WORKS FACILITIES SUBMITTING PART I!
SAMPLING DATA' (mg/L)
PoKutar.t
Samplatypo
BOOj „ ,™
COO «__._...„„.. .
Nitrato + Nitrite Nitrogen
Tom KjtidtN Nitrogen
03 & Grease ._._...,................................
pH ™_»™™«.™_. .
Total Phosphorus ,
Tout Suspended Sodds ..._..............„......
No. of Facilities
Grab
49
47
47
46
49
43
49
50
Comp11
48
46
46
45
N/A
N/A
48
49
No. of Samples
Grab
94
85
89
84
96
88
91
95
Comp
93
,84
88
83
N/A
N/A
89
93
Mean
Grab
32.7
131.8
19.70
7.67
35.7
N/A
0.91
153
Comp
44.2
155.7
19.34
4.52
N/A
N/A
0.67
111
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
0.4
0.00
0
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.00
2
Maximum
Grab
1300.0
1900.0
427.00
213.00
1210.0
8.9
9.50
1836
Comp
1300.0
2000.0
396.78
150.00
N/A
N/A
5.92
845
Median
Grab
12.0
67.3
0.93
1.35
1.2
7.0
0.47
64.
Comp
7.5
61.7
0.76
1.31
N/A
N/A
0.45
55
95th Percentile
Grab
78.0
437.4
41.56
14.24
60.5
11.5
2.91
638
Comp
83.0
431.9
35.04
9.30
N/A
N/A
2.20
422
99lh Percentile
Grab
171.6
932.2
167.28
32.94
202.8
14.5
6.21
1661
Comp
203.4
942.3
137.67
19.05
N/A
N/A
4.39
1013
1 AppfieaBons Um did not report tha units of measurement for the reported values of pollutants were not Included in these statistics. Values reported as non-detect or below detection limit were
"Compos.".!: samples.
4. Options for Controlling Pollutants
Part 1 group application data indicate
that BMPs have not been widely
implemented at the representative
sampling facilities. Less than 3 percent
of the sampling subgroup reported that
they cover loading areas, storage areas,
or material handling areas;
approximately 10 percent reported that
they use containment; less than 4
percent of the representative facilities •
use concrete pads. The most commonly
listed (approximately 15 percent)
material management practice is catch
basins. Because BMPs described in part
1 data are limited, the following table is
provided to identify BMPs associated
with activities that routinely occur at
treatment works.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE T-3.—GENERAL STORM WATER BMPs FOR TREATMENT WORKS
Activity
BMPs
Preparation of biological and physical treatment
process.
Soil amending and grass fertilizing
Liquid storage in above ground storage contain-
ers.
Pest Control
Sludge Drying Beds ..
Sludge Storage Piles
Sludge Transfer
Incineration—ash impoundments/piles
Miscellaneous
Use drip pans under drums and equipment where feasible.
Store process chemicals inside buildings. : ,
Inspect the storage yard for filling drip pans and other problems regularly.
Train employees on procedures for storing and inspecting chemicals.
Use the appropriate amount of fertilizer.
Do not overfertilize. . ,
Train employee on proper fertilizing techniques.
Maintain good integrity of all storage containers.
Install safeguards (such as diking or berming) against accidental releases at the storage area.
Inspect storage tanks to detect potential leaks and perform preventive maintenance.
Inspect piping systems (pipes, pumps, flanges, couplings, hoses, and valves) for failures or
leaks.
Train employees on proper filling and transfer procedures.
Minimize pesticide application.
Only apply pesticide if needed.
Train employees on proper pesticide application.
Ensure drying bed is draining properly (e.g., check for clogging); avoid overfilling drying bed;
grade the land to divert flow around drying bed; berm, dike, or curb drying bed areas; cover
drying beds.
Confine storage of sludge to a designated area as far from any receiving water body as pos-
sible; store sludge on an impervious surface (e.g., concrete pad); grade the land to divert
flow around storage piles; berm, dike, or curb sludge storage piles; cover sludge storage
piles.
Promptly remove any sludge spilled during transfer; conduct transfer operations over an imper-
vious surface; avoid transferring sludge during rain events; grade the land to divert flow
around transfer areas; berm, curb, or dike transfer areas; avoid locating transfer operations
near receiving water bodies. . •
Line ash impoundments with clay (or other type of impervious material); ensure ash impound-
ments will hold maximum volume of ash and a 10-year, 24-hour rain event; curb, berm, or
dike ash storage areas; avoid locating ash storage areas near receiving water bodies.
Properly dispose of grit/scum; properly dispose of screens on a daily basis; maximize vegeta-
tive cover to stabilize soil and reduce erosion. . ,
Sources: NPDES Storm Water Group Applications—Part 1. Received by EPA March 18,1991 through December 31,1992.
EPA, Office of Research and Development. May 1992. "Facility Pollution Prevention Guide." EPA/600/R-92/088.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities—Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-006.
U.S. Postal Service. May 1992. "NPDES/Storm Water Guide." AS-554.
5. Special Conditions
There are no additional requirements
under this section other than those
described in part VLB of this fact sheet.
6. Storm Water Pollution Prevention
Plan Requirements
There are no additional requirements
under this section other than those
described in Part VLC. of this fact sheet.
7. Monitoring and Reporting
Requirements
The regulatory modifications at 40
CFR 122.44(i)(2) established on April 2,
1992, grant permit writers the flexibility
to reduce monitoring requirements in
storm water discharge permits. EPA has
determined that the potential for storm
water discharges to contain pollutants
above benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
support sampling at treatment works
facilities.
Under the Storm Water Regulations at
40 CFR 122.26(bHl4), EPA defined
"storm water discharge associated with
industrial activity". The focus of today's
permit is to address the presence of
pollutants that are associated with the
industrial activities identified in this
definition and that might be found in
storm water discharges. Under the
methodology for determining analytical
monitoring requirements, described in
section VI.E.l of this fact sheet, nitrate
plus nitrite nitrogen is above the bench
mark concentrations for the treatment
works sector. After a review of the
nature of industrial activities and the
significant materials exposed to storm
water described by facilities in this
sector, EPA has determined that the
higher concentrations of nitrate plus
nitrite nitrogen are not likely to be
caused by the industrial activity, but
may be primarily due to non-industrial
activities on-site. Today's permit does
not require treatment works facilities to
conduct analytical monitoring for this
parameter.
Based on a consideration of the BMPs
typically used at these facilities, and
generally low pollutant values from the
application data, EPA believes that the
pollution prevention plan with visual
examinations of storm water discharges
will help ensure storm water
contamination is minimized.
a. Quarterly Visual Examination of
Storm Water. Quarterly Visual
examinations are required of a storm .
water discharge from each outfall at the
treatment works. The examination must
be of a grab sample collected from each
storm water outfall. The examination of
storm water grab samples shall include
any observations of. color, odor, clarity,
floating solids, settled soh'ds,,suspended
solids, foam, oil sheen, or other obvious
indicators of storm water pollution! The
examination must be conducted in a
well lit area. No analytical tests are
required to be performed on these
samples.
The examination must be made at
least once in each of the following 3-
month periods during daylight unless
there is insufficient rainfall or snow- '.
melt to runoff: January through March,
April through June, July through
September, and October through
December. Whenever practicable, the
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51007
same individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 1 hour) of when the
runoff begins discharging. Reports of the
visual examination include: the
examination date and time, examination
personnel, visual quality of the storm
water discharge, and probable sources of
any observed storm water
contamination. The visual examination
reports must be maintained onsite with
the pollution prevention plan.
when a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on1 a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
EPA believes that with quarterly
visual examinations and site
compliance evaluations, potential
sources of contaminants can be
identified and controlled with BMPs. In
determining the monitoring
requirements, EPA considered the
nature of the industrial activities and
significant materials exposed at these
sites, and performed a review of data
provided in Part 2 group applications.
U. Storm Water Discharges Associated
With Industrial Activity From Food and
Kindred Products Facilities
1. Discharges Covered Under this
Section
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharges
associated with industrial activity."
This definition included point source
discharges of storm water from 11 major
categories of facilities, including:
"* * * (xi) Facilities under Standard
Industrial Classifications 20, 21 * * *."
This section covers storm water
discharges associated with industrial
activities from establishments
manufacturing or processing foods and
beverages for human consumption, and
related products, and prepared feeds for
animals and fowls. This section also
covers establishments engaged in
manufacturing cigarettes, cigars, and
other tobacco products. Food and
kindred products processing facilities
subject to requirements under this
section include the following types of
operations (i.e., subsectors):
a. Meat Products (generally described
by SIC Codes 2011, 2013, and 2015).
b. Dairy Products (generally described
by SIC Codes 2021, 2022, 2023, 2024,
and 2026).
c. Canned, Frozen, and Preserved
Fruits, Vegetables, and Food Specialties
(generally described by SIC Codes 2032,
2033, 2034, 2035, 2037, and 2038).
d. Grain Mill Products (generally
described by SIC Codes 2041, 2043,
2044, 2045, 2046, 2047, and 2048).
e. Bakery Products (generally
described by SIC Codes 2051, 2052, and
2053).
/. Sugar and Confectionery Products
(generally described by SIC Codes 2061,
2062, 2063, 2064, 2066, 2067, and
2068).
g. Fats and Oils (generally described
by SIC Codes 2074, 2075, 2076, 2077,
and 2079).
h. Beverages (generally described by
SIC Codes 2082, 2083, 2084, 2085, 2086,
and 2087).
L Miscellaneous Food Preparations
and Kindred Products (generally
described by SIC Codes 2091, 2092,
2095, 2096, 2097, 2098, and 2099).
/. Tobacco Products (generally
described by SIC Codes 2111, 2121,
2131, and 2141).
Storm water discharges covered by
this section include discharges from
industrial plant yards; material handling
sites; refuse sites; sites used for
application or disposal of process
wastewaters; sites used for storage and
maintenance of material handling
equipment; sites used for residual
treatment, storage, or disposal; shipping
and receiving areas; manufacturing
buildings; storage areas for raw
materials and intermediate and finished
products; and areas where industrial
activity has taken place in the past and
significant materials remain and where
the aforementioned areas are exposed to
storm water.
This section does not cover any
discharges subject to effluent limitations
guidelines, including storm water that
combines with process wastewater.
Also, storm water that does not come
into contact with any raw material,
intermediate product, finished product,
by-product, or waste product located on
the site of the operation are not subject
to permitting under this section
according to 40 CFR 122.26(b)(14).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
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51OO8
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facih'ty shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Industry Profile
From subsectors comprising the Food
and Kindred Products Sector, as of
January 1,1993, 26 Part 2 Group Storm
Water Applications were received from
9 of the 10 industrial subsectors
(excluding tobacco products) and 31
different primary SIC Codes. Subsector
descriptions for all facilities within the
Food and Kindred Products sector are as
follows:
a. Meat Products Subsector (SIC Code
201X). The Meat Products subsector is
separated into three segments. These
include meat packing plants (SIC 2011);
sausages and other prepared meat
products (SIC 2013); and poultry
slaughtering and processing (SIC 2015).
All three of the industrial segments
submitted group application
information. Production related
activities for these segments include
stockyards, slaughtering (killing, blood
processing, viscera handling, and hide
processing), cutting and deboning, meat
processing, rendering, and materials
recovery.
b. Dairy Products Subsector (SIC Code
202X). The Dairy Products subsector is
separated into five segments. These
segments include creamery butter;
natural, processed, and imitation
cheese; dry, condensed, and evaporated
dairy products; ice cream and frozen
desserts; and fluid milk. All five of the
industrial segments submitted group
application information. Although a
variety of operations are encountered in
the Dairy Products subsector, the initial
operations (e.g., receiving stations,
clarification, separation, and
pasteurization) are common to most
dairy plants and products. However,
after these initial operations, the
processes and equipment become highly
dependent on the product segments.
These operations may include:
culturing, churning, pressing, curing,
blending, condensing, sweetening,
drying, milling, and packaging.
c. Canned Frozen and Preserved
Fruits, Vegetables, and Frozen
Specialties Subsector (SIC Code 203X).
The Canned Frozen and Preserved
Fruits, Vegetables, and Frozen
Specialties subsector is separated into
six segments. They include canned
specialties; canned fruits, Vegetables,
preserves, jams, and jellies; dried and
dehydrated fruits, vegetables, and soup
mixes; pickled fruits and vegetables,
vegetable sauces and seasonings, and
salad dressings; frozen fruits, fruit
juices, and vegetables; and other frozen
specialties. Five of the six segments are
represented in the part 2 application
information with the pickled fruits and
vegetables, vegetable sauces and
seasonings, and salad dressings being
the lone segment not represented in the
part 2 data by a primary SIC Code
(although this segment is represented as
a secondary SIC Code). All of the
facilities use various fruits or vegetables
as the primary raw material.
Sweeteners, such as sugar and corn
syrup, are used as secondary raw
materials. Typically, fruits and
vegetables are washed, cut, blanched,
and cooked prior to being classified as
finished product. Additional operations
may include drying, dehydrating, and
freezing.
d. Grain Mills Subsector (SIC Code
204X). The Grain Mills subsector is
separated into seven segments. These
include flour and other grain mill
products; cereal breakfast foods; rice
milling; prepared flour mixes and
doughs; wet corn milling; dog and cat
food; and prepared feeds and feed
ingredients for animals and fowls,
except dogs and cats. Six of the seven
segments are represented in the part 2
application information with the rice
milling segment being the lone segment
not represented in the part 2 data by a
primary SIC Code. Process operations
performed in the grain mill subsector
include: washing, milling, debranning,
heat treatment (i.e., steeping, parboiling,
drying and cooking), screening, shaping
(i.e., extruding, grinding, molding, and
flaking), and vitamin and mineral
supplementing.
e. Bakery Products Subsector (SIC
Code 205X). The Bakery Products
subsector is separated into three
segments. These include the following
industrial activities: bread and other
bakery products, except cookies and
crackers; cookies and crackers; and
frozen bakery products, except bread.
All three segments are represented in
the part 2 application information by a
primary SIC Code. Process operations in
this subsector include mixing, shaping
of dough, cooling, and decorating.
/. Sugar and Confectionery Subsector
(SIC Code 206X). The Sugar and
Confectionery subsector is separated
into seven segments. .These include the
following industrial activities: cane
sugar, except refining; cane sugar
refining; beet sugar; candy and other
confectionery products; chocolate and
cocoa products; chewing gum; and
salted and roasted nuts and seeds. Only
two of the seven segments are
represented in the part 2 application
information (i.e., candy and other
confectionery products and chocolate
and other cocoa products). The primary
raw materials include sugar, flavorings
(including chocolate), flour, nuts, and
milk, which are then mixed together,
cooked, and then formed using various
techniques into specified product
shapes. The manufacture of chocolate
products requires shelling, roasting, and
grinding of the cocoa beans followed by
the typical sugar processing operations
identified above.
g. Fate and Oils Subsector (SIC Code
207XJ. The Fats and Oils subsector is
separated into five segments. These
include the cottonseed oil mills;
soybean oil mills; vegetable oil mills,
except corn, cottonseed, and soybean;
animal and marine fats and oils; and
shortening, table oils, margarine, and
other edible fats and oils, not elsewhere
classified. Only two of the five segments
are represented in the part 2 application
information (i.e., animal and marine fats
and oils and shortening, table oils,
margarine, and other edible fats and
oils, not elsewhere classified). Typical
process operations at an animal and
marine fats and oils facility include
cooking of inedible fats and oils from
butcher shops, supermarkets, food
manufacturing facilities, restaurants,
and slaughterhouses, tallow and grease
separation from proteinaceous solids.
The solids are then ground to produce
meat and bone meal. Operations at an
edible oils manufacturer include
refining, bleaching, hydrogenation,
fractionation, emulsification,
deodorization, filtration, and blending
of the crude oils into edible products.
h. Beverages Subsector (SIC Code
208X). The Beverages subsector is
separated into six segments. These
include the malt beverages; malt; wines,
brandy, and brandy spirits; distilled and
blended liquors; bottled and canned soft
drinks and carbonated waters; and
flavoring extracts and flavoring syrups,
not elsewhere classified segments. Four
the six segments are represented by the
part 2 application with malt and wines,
brandy, and brandy spirits being the two
segments not represented by the part 2
application information. Process
operations may include brewing,
distilling, fermentation, blending, and
packaging (i.e., bottling, canning, or
bulk packaging).
j. Miscellaneous Food Preparation
and Kindred Products Subsector (SIC
Code 209X). The Miscellaneous Food
Preparation and Kindred Products
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51009
subsector is separated into seven
industrial segments. These include
canned and cured fish and seafood;
prepared fresh or frozen fish and
seafoods; roasted coffee; potato chips,
com chips, and similar snacks;
manufactured ice; macaroni, spaghetti,
vermicelli, and noodles; and food
preparations, not elsewhere classified
segments. Three of the seven segments
are represented by the part 2 application
information (i.e., prepared fresh or
frozen fish and seafoods; potato chips,
com chips, and similar snacks; and
macaroni, spaghetti, vermicelli, and
noodles). Process operations may
include shelling, washing, drying,
shaping, baking, frying, and seasoning.
;'. Tobacco Products Subsector (SIC
Code 21XX). The tobacco products
subsector is separated into four
segments. These include cigarettes,
cigars, chewing and smoking tobacco
and snuff, and tobacco stemming and
redrying. None of these four segments
submitted part 2 application
information. Typical process operations
may include drying, blending, shaping,
cutting and rolling.
3. Pollutants in Storm Water Discharges
Associated with Food and Kindred
Products Processing Facilities.
Typical food and kindred products
processing facilities do not conduct
many processing operations outdoors.
The nature of the business, and the
required sanitary conditions, require
that the raw materials through final
product be protected from storm water.
As such, the contamination of storm
water from this sector is primarily from
the loading and unloading of products
and raw materials, spillage and leaks
from tanks and containers stored
outdoors, waste management practices,
pest control, and improper connections
to the storm sewer. Table U—1 lists
potential pollutant sources from
activities that commonly take place at
food and kindred products processing
facilities.
TABLE U-1.—DESCRIPTION OF POTENTIAL POLLUTANT SOURCES'-"-"'
Activity
Pollutant source
Pollutant(s)
A. Raw Material Unloading/Product
Loading.
B. Storage Containers:
Liquid Storage (I.e., above
ground storage tanks).
Liquid Storage (drums, car-
boys, and gallon Jugs).
Solid Storage (silos, holding
bins, fiber drums, etc.).
C. Waste Management "
Air Emissions
Solid Waste
Wastewater
0. Pest Control:
Pesticides, rodontlcides, insec-
ticides.
E. Improper Connections to the
Storm Sewer.
• Container defects (bags, drums, bottles, crates)
• Spills and leaks during unloading/ loading (tanks, rail cars)
> Failed connections (hoses and couplings)
' Washdown of unloading/loading area
' Failed piping and connections (couplings, flanges, hoses, and
valves)
' External corrosion and structural failure
1 Spills and overflows due to operator error
> Outside containers
Open containers
External corrosion of the containers
Operator handling and transporting
Spills and leaks from damaged containers
Dust and particulates
Operator handling and transporting
Spills and leaks
Oven emissions
Vents
Fine solids handling
Dumpsters and trash cans
Spent equipment, scraps, etc.
Treatment processes (e.g., hydraulic overflow)
Outside piping and connections (couplings, flanges, hoses, valves,
and pumps)
Outside areas of applications
Process wastewaters
Process floor drains
Sanitary sewers
USTs
BOD, TSS, O&G, pH, TKN.
BOD, TSS, O&G, pH.
BOD, TSS, O&G, pH.
BOD, TSS, pH.
BOD, TSS, O&G, pH.
BOD, TSS, O&G, pH, copper,
manganese.
BOD, TSS, O&G, pH, fecal coli-
form.
Miscellaneous insecticides,
rodenticides, pesticides, etc.,
TKN.
BOD, TSS, O&G, pH.
' "Standard Handbook of Environmental Engineering," Corbitt, Robert A., McGraw-Hill, Inc., 1990.
"Air Pollution Engineering Manual, Air and Waste Management Association, Edited by Anthony J. Buonicore and Wayne T. Davis Van
Nostrand Reinnold, New York, 1992.
HI "Environmental Engineering and Sanitation," Fourth Edition, Salvato, Joseph A., John Wiley & Sons Inc 1992
Impacts caused by storm water
discharges from food and kindred
products processing facilities will vary
from facility to facility. Several factors
influence to what extent operations at
the site can affect water quality. Such
factors include: geographic location;
hydrogeology; the types of industrial
activities exposed to storm water; the
size of the operation; the nature of storm
water control measures in place; and the
type, duration, and intensity of
precipitation events. Each of these
factors interact to influence the quantity
and quality of storm water runoff. For
example, flour/oil particulate emissions
from vents (e.g., from baking operations)
may be a significant source of pollutants
at some facilities, while material storage
may be a primary source at others.
Similarly, a facility with all storm water
from exposed industrial activity
diverted to the sanitary sewer would
have less of an, impact than a facility not
practicing this control option. In
addition, sources of pollutants other
than storm water, such as'illicit
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51O1O Federal Register / Vol. 60. No. 189 / Friday, September 29, 1995 / Notices
connections, spills, and improperly
dumped materials, may increase the
pollutant loadings discharged in the
receiving stream.
EPA reviewed Part 1 Group Storm
Water Applications for facilities
identified as sampling facilities to
determine the types of significant
materials from food and kindred
products processing that are exposed to
storm water. A list of these significant
materials is presented in Table U-2.
Note that significant materials related to
vehicle maintenance (e.g., diesel fuel)
and other miscellaneous nonprocessing
materials (e.g., lumber) are not included
in Table U-2.
TABLE U-2.—SIGNIFICANT MATERIALS EXPOSED TO STORM WATER
Acids (phosphoric, sulfuric)
Activated carbon
Ammonia
Animal cages
Bleach
Blood
Bone meal
Brewing residuals
Calcium oxide
Carbon dioxide
Caustic soda
Chlorine
Cheese
Coke oven tar
Detergent
Eggs
Ethyl alcohol
Fats, greases, shortening, oils
Feathers
Feed
Ferric chloride
Fruits, vegetables, coffee beans
Gel bone
Grain (flour, oats, wheat)
Hides
Lard
Manure
Milk
Salts (brine)
Skim powder
Starch
Sugar (sweetner, honey, fructose, syrup)
Tallow
Wastes (off-spec product, sludge)
Whey
Yeast
Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA beh'eves it is
appropriate to divide the food and
kindred products industry into
subsectors to properly analyze sampling
data and determine monitoring
requirements. As a result, this sector has
been divided into the following
subsectors: meat products; dairy
products; canned, frozen, and preserved
fruits; grain mill products; bakery
products; sugar and confectionery
products; fats and oils; beverages;
miscellaneous food and kindred
products; and tobacco products. Tables
below include data for the eight
The tables also list those parameters that
EPA has determined may merit further
monitoring. A table has not been
included for the following subsectors
because less than 3 facilities submitted
data in that subsector: sugar and
confectionery products facilities; and
tobacco products facilities.
pollutants that all facilities were
required to monitor for under Form 2F.
TABLE U-3.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY MEAT PRODUCTS FACILITIES SUBMITTING PART II
SAMPLING DATA' (mg/L)
Pollutant
Sample type
BODs
COD
Nitrate + Nitrite Nitrogen ..:.
Total Kjeldahl Nitrogen
Oil & Grease
pH
Total Phosphorus
Total Suspended Solids
No. of facilities
Grab
30
30
30
30
31
24
30
30
Comp"
29
29
29
29
N/A
N/A
29
29
No. of samples
Grab
51
51
51
51
52
33
51
51
Comp
50
50
50
50
N/A
N/A
50
50
Mean
Grab
25.9
184.3
1.35
3.30
7.7
N/A
20.45
397
Comp
19.2
122.8
1.24
3.57
N/A
N/A
0.94
206
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
5.9
0.02
0
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.02
0
Maximum
Grab
170.0
1307.0
4.75
18.00
34.0
8.6
970.00
2540
Comp
81.0
1307.0
8.66
27.00
N/A
N/A
9.70
2120
Median
Grab
12.0
80.0
0.86
2.00
6.6
7.7
0.28
98
Comp
9.2
72.0
0.60
1.60
N/A
N/A
0.28
68
95th percentile
Grab
102.5
717.3
4.64
9.59
25.3
8.9
9.89
2266
Comp
78.7
350.7
3.78
12.55
N/A
N/A
3.11
902
99th percentile
Grab
248.436
1623.7
8.84
16.92
41.7
9.5
36.93
7830
Comp
182.3
659.3
7.10
26.07
N/A
N/A
8.25
2618
i Applications that did not report the units of measurement for the reported values of pollutants were not Included In these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
TABLE U-4.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY DAIRY PRODUCTS FACILITIES SUBMITTING PART II
SAMPLING DATA* (mg/L)
Pollutant
Sample type
BODs
COD
Nitrate + Nitrite Nitrogen
Total Kjeldahl Nitrogen
pH „ „
Total Phosphorus
Total Suspended Solids
No. of facilities
Grab
33
33
33
33
•33
31
33
32
Comp11
33
33
33
33
N/A
N/A
33
32
No. of samples
Grab
81
81
81
81
81
78
80
79
Comp
81
81
81
81
N/A
N/A
80
79
Mean
Grab
66.4
214.7
1.24
4.35
6.1
N/A
1.68
225
Comp
49.6
149.3
0.99
3.68
N/A
N/A
1.07
218
Minimum
Grab
0.0
15.0
0.00
0.00
0.0
4.4
0.00
0
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.00
0
Maximum
Grab
1400.0
3010.0
25.52
32.00
92.4
9.0
24.40
2667
Comp
1360.0
2100.0
8.88
32.40
N/A
N/A
6.80
3110
Median
Grab
17.0
94.0
0.61
2.50
2.0
7.0
0.50
56
Comp
10.0
78.4
0.57
.2.44
N/A
N/A
0.38
53
95th percentile
Grab
185.0
647.0
3.53
12.40
26.1
8.6
7.59
967
Comp
122.4
418.0
3.16
10.18
N/A
N/A
4.71
798
99lh percentile
Grab
479.0
1385.3
7.18
22.65
58.9
9.4
; 19.51
2932
Comp
297.5
836.8
6.31
18.04
N/A
N/A
11.35
2274
| Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0. . •- ,':.;*
"Composite samples.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51011
TABLE U-5.—-STATISTICS FOR SELECTED POLLUTANTS REPORTED BY CANNED, FROZEN, AND PRESERVED FRUITS,
VEGETABLES AND FOOD SPECIALTIES FACILITIES.SUBMITTING PART II SAMPLING DATA' (mg/L)
PotMant
Saroptotypo
BOOj «..•......,.....„.„....„.„..„
N*t!e + Nllriia Nitrogen"!'"
ToUl KjekJahl Nitrogen
pH „,.„„., „..,.„.„„
Total Phosphorus ................
Total Suspended Solids
No. of facilities
Grab
29
27
28
30
28
26
28
30
Comp"
26
24
26
27
N/A
N/A
26
27
No. of samples
Grab
71
69
68
73
68
68
68
73
Comp
56
55
57
59
N/A
N/A
57
58
Mean
Grab
48.9
174.6
1.20
4.44
5.3
N/A
1.02
147
Comp
44.0
153.4
0.93
3.45
N/A
N/A
0.95
112
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
0.00
0
Comp
0.0
0.0
0.00
0.00
N/A
0.00
0
Maximum
Grab
1550.0
3810.0
14.70
64.00
35.0
11.80
1840
Comp
1150.0
2820.0
9.60
33.90
N/A
8.30
800
Median
Grab
9.1
39.0
0.59
1.80
1.2
0.42
67
Comp
8.5
40.0
0.40
1.60
N/A
0.54
49
95th percenlile
Grab
122.9
522.0
3.89
14.27
27.7
3.52
787
Comp
98.1
492.0
2.74
12.53
N/A
3.45
585
99th percentile
Grab
305.3
1293.2
8.17
32.44
70.0
8.18
2445
Comp
232.0
1280.8
5.53
29.35
N/A
7.73
1681
that did not report trio units of measurement for the reported values of pollutants were not Included in these statistics. Values reported as non-detect or below detection limit were
'ComposHa samples.
TABLE U-6.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY GRAIN MILL PRODUCTS FACILITIES SUBMITTING
PART II SAMPLING DATA! (mg/L)
PoSuUrtl
Sample typo
BODj _„.,„__._„_.....
NiWe + Nitrite Nitro-
T<^wShT(irc>-"~
Oil & Grease _„..,.„...
Total Phosphorus ...-.
Total Suspended Sol-
Ids .__...„ ....
Zinc, Total . : —
No. of facilities
Grab
72
72
73
72
73
73
72
72
17
Comp"
70
70
71
70
N/A
N/A
70
70
17
No. of samples
Grab
77
77
79
77
78
78
77
77
17
Comp
75
74
75
74
N/A
N/A
74
74
17
Mean
Grab
86.4
273.9
1.62
10.3
4.4
N/A
8.17
324
1.409
Comp
73.9
211.4
1.08
7.62
N/A
N/A
2.90
320
1.342
Minimum
iGrab
0.0
0.0
0.00
0.00
0.0
5.0
0.08
4
0.060
Comp
0.0
0.0
0.00
0.00
N/A
N/A
0.06
4
0.110
Maximum
Grab
713.0
2000.0
44.90
78.00
44.0
8.9
314.00
3300
13.500
Comp
968.0
2040.0
17.70
75.00
N/A
N/A
19.70
4530
7.350
Median
Grab
20.0
89.0
0.36
4.00
0.00
7.0
1.74
112
0.30
Comp
21.0
81.0
0.50
3.00
N/A
N/A
1.70
110
0.31
95th percentile
Grab
298.2
937.4
6.51
39.01
21.6
8.2
18.69
1468
4.775
Comp
249.8
640.9
5.29
25.19
N/A
N/A
10.52,
1233
4.793
99th percentile
Grab
770.8
2170.9
18.50
88.55
46.2
8.8
48.77
4338
13.091
Comp
613.7
1339.3
13.97
51.97
N/A
N/A
22.82
3469
11.564
'AppBcttlions that did not report the units of measurement for the reported valm
assumed to bo 0.
•Composite samples.
IBS of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
TABLE U-7.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY BAKERY PRODUCTS FACILITIES SUBMITTING PART II
SAMPLING DATA' (mg/L)
PoKutant
Sample typo
COO M«..«.uu...H...u...»»m..M.
Nitrate +755eTSogen"!"Z
Total KJekJahl Nitrogen
Oil & Grease .»«.»«.«»...«...».
Total Phosphorus wwt.,fn.mt.
Total Suspended Solids
No. of faculties
Grab
18
16
16
16
16
14
16
16
Comp"
17
17
17
17
N/A
N/A
17
17
No. of samples
Grab
32
32
32
32
32
30
32
32
Comp
34
34
34
34
N/A
N/A
34
34
Mean
Grab
188
103.7
0.47
2.89
14.0
N/A
0.56
140
Camp
92.3
0.56
2.41
N/A
N/A
0.49
64
Minimum
Grab
16.2
0.00
0.00
0.0
6.1
0.00
2
Comp
' 14.0
0.00
0.00
N/A
N/A
0.00
2
Maximum
Grab
514.0
1.94
10.00
93.0
8.4
2.10
410
Comp
426.0
1.90
6.60
N/A
N/A
1.80
200
Median
Grab
72.0
0.40
2.40
5.0
7.1
0.47
103
Comp
59.0
0.46
2.15
N/A
N/A
0.38
41
95th percentile
Grab
270.3
1.29
9.15
63.6
8.3
1.51
888
Comp
238.2
1.64
6.33
N/A
N/A
1.71
295
99th percentile
Grab
465.9
2.00
16.22
149.9
8.9
2.47
2686
Comp
407.8
2.67
1014
N/A
N/A
3.23
750
^^JppSeaKons mat did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
•Composite samples,
TABLE U-8.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY FATS AND OILS MANUFACTURING FACILITIES
SUBMITTING PART II SAMPLING DATA! (mg/L)
Pollutant
Sample type
BOO} ._.»„..„„..„..„....„_
COO .,_.„.
titrate + Nitrite Nitrogen —
Tottt Kjektahl Nitrogen
Oil & Grease ™ . ._..
pH . „_„.
Tolal Phosphorus „. .
Total Suspended Solids
No. of facilities
Grab
12
12
12
12
11
11
12
10
Comp"
12
12
12
12
N/A
N/A
12
11
No. of samples
Grab
19
19
19
19
18
17
19
17
Comp
19
19
19
19
N/A
N/A
19
18
Mean
Grab
68.0
322.6
2.69
19.60
28.5
N/A
0.91
635
Comp
38.6
191.1
1.65
7.96
N/A
N/A
1.96
442
Minimum
Grab
0.0
17.0
0.32
0.00
0.0
5.7
0.00
3
Comp
0.0
9.60
0.23
0.0
N/A
N/A
0.00
0
Maximum
Grab
180.0
1040.0
18.30
240.00
150.0
10.0
8.11
4850
Comp
75.0
840.0
4.90
65.2
N/A
N/A
15.8
3060
Median
Grab
57.0
230.0
1.37
3.40
7.8
7.6
0.37
290
Comp
41.0
150.0
1.01
2.75
N/A
N/A
0.23
175
95th percentile
Grab
240.7
1253.4
7.97
55.66
178.1
10.0
3.18
3746
Comp
108.0
640.1
4.82
24.1
N/A
N/A
6.75
1725
99th percentile
Grab
466.2
2622.1
15.95
156.55
527.7
11.1
7.65
12233
Comp
177.1
1216.4
8.58
53.5
N/A
N/A
21.73
4158
' Apptfea&ja that did not report the units ol measurement for the reported values of pollutants were not included in these statistics,
assumed to be 0.
"•Composite samples.
i. Values reported as non-detect or below detection limit were
TABLE U-9.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY BEVERAGES FACILITIES SUBMITTING PART II
SAMPLING DATA! (mg/L)
Pollutant
Sample type
BOOi ..
COO ™ ™ .._.
Nitrate + Nitrite Nitrogen
Total KjoWaN Nitrogen
No. of facilities
Grab
18
18
18
18
Comp"
15
15
15
15
No. of samples
Grab
29
29
29
29
Comp
23
23
23
23
Mean
Grab
16.8
70.1
0.60
1.54
Comp
8.61
42.1
0.65
0.95
Minimum
Grab
•1.0
9.0
0.00
0.31
Comp
1.0 ,
5.0
0.04
027
Maximum
Grab
153.0
270.0
1.90
7.45
Comp
35.0
88.0
2.10
2.9
Median
Grab
6.0
49.0
0.41
1.00
Comp
5.0
46.0
0.60
0.74
95th percentile
Grab
52.7
214.3
1.67
3.82
Comp
25.1
1255
2.12
2.11
99th percentile
Grab
115.4
401.6
2.85
6.35
Comp
45.6
217.3
3.96
3.15
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51012
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE U-9.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY BEVERAGES FACILITIES SUBMITTING PART II
SAMPLING DATA' (mg/L)—Continued
Pollutant
Sample type
Oil & Grease
pH
Total Phosphorus
Total Suspended Solids
Zinc Total
No. of facilities
Grab
18
18
18
18
10
Comp"
N/A
N/A
15
15
8
No. of samples
Grab
29
29
29
29
11
Comp
N/A
N/A
23
23
9
Mean
Grab
1.7
N/A
0.51
29
0.179
Comp
N/A
N/A
0.36
9.7
0.141
Minimum
Grab
0.0
4.8
0.05
3
0.000
Comp
N/A
N/A
0.06
0
0.000
Maximum
Grab
7.0
8.9
5.40
170
0.440
Comp
N/A
N/A
2.70
36
0.400
Median
Grab
1.2
7.3
0.26
18
0.13
Comp
N/A
N/A
0.20
5
0.07
95th percentile
Grab
4.3
8.9
1.39
95
0.549
Comp
N/A
N/A
0.94
32
0.517
99th percentile
Grab
6.4
9.8
2.79
193
0.922
Comp
N/A
N/A
1.71
65
0.969
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
TABLE U-10.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY MISCELLANEOUS FOOD PREPARATIONS AND
KINDRED PRODUCTS FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
Pollutant
Sample type
BOO,
COD
Nitrate + Nitrite Nitrogen
Total Kjeldahl Nitrogen
Oil & Grease
pH
Total Suspended Solids
No. of facilities
Grab
7
7
7
7
7
8
7
7
Comp"
7
7
7
7
N/A
N/A
7
7
No. of samples
Grab
15
15
15
15
15
16
16
15
Comp
15
15
15
15
N/A
N/A
15
14
Mean
Grab
16.8
103.1
0.49
2.76
4.4
N/A
0.52
481
Comp
11.9
81.1
0.47
1.96
N/A
N/A
0.423
132
Minimum
Grab
0.0
13.0
0.00
0.44
0.0
2.3
0.03
0
Comp
0.0
17.0
0.0
0.40
N/A
N/A
0.03
1
Maximum
Grab
67.0
297.0
1.17
11.90
16.0
8.6
1.67
2880
Comp
66.0
504.0
1.22
7.81
N/A
N/A
1.67
1063
Median
Grab
8.5
63.0
0.48
1.59
2.9
6.9
0.30
179
Comp
4.20
52.0
0.38
1.35
N/A
N/A
0.23
51
95th percentile
Grab
59.0
371.2
1.79
8.88
15.7
12.0
2.50
4441
Comp
39.5
211.4
1.65
5.51
N/A
N/A
1.91
719
99th percentile
Grab
1185
759.3
3.11
17.42
28.5
N/A
6.31
21493
Comp
80.6
384.2
2.93
9.99
N/A
4.91
2499
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
4. Options for Controlling Pollutants.
One option for controlling pollutants
in storm water is to set effluent
limitations for these discharges. EPA
does not consider this to be feasible
because of the lack of performance data
necessary to develop limitations.
Pursuant to 40 CFR 122.44(k), permits
may contain Best Management Practices
(BMPs) to control or abate the discharge
of pollutants in storm water, when
applicable (and where numeric effluent
limitations are infeasible). EPA believes
that the most effective BMPs for
reducing pollutants in storm water
discharges from food and kindred
products processing facilities is through
exposure minimization and good
housekeeping practices. Exposure
minimization practices reduce the
potential for storm water to come in
contact with pollutants. Good
housekeeping practices ensure that the
facility is responsive to routine and non-
routine activities that may increase
exposure of pollutants to storm water.
The BMPs necessary to address these
two concerns are generally
uncomplicated and inexpensive
practices. They are easy to implement,
and require little or no maintenance.
Minor capital expenses, such as
construction of cement pads or berms/
dikes, may be necessary in some cases,
although these types of control
structures already exist at many food
and kindred products processing
facilities. In a few instances, more
intensive BMPs, such as detention
ponds or filtering devices, may be
necessary depending on the type of
discharge, types and concentrations of
contaminants, and volume of flow,
although these occurrences are expected
to be very low for the sector as a whole.
The types of material management
practices identified in the storm water
group applications for the food and
kindred products processing sector, for
sampling facilities only, are identified
in Table U—11. In fact, part 1 group
application data indicate that BMPs are
widely implemented at food and
kindred products processing facilities.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location, geology/
hydrogeology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water will differ. In
addition, the fate and transport of
pollutants in these discharges will vary.
EPA believes that the management
practices discussed herein are well
suited mechanisms to prevent or control
the contamination of storm water
discharges associated with food and
kindred products processing facilities.
TABLE U-11 .—MATERIAL MANAGEMENT PRACTICES'."
Absorbent mats
Baghouse
BMPs
Catch basin
Concrete pad
Containment
Cover (drums, holding pen, loading, storage)
Curbing
Diking
Diversion
Drains
Dust control
Housekeeping
Indoor storage
Infiltration
Preventative maintenance
Retaining wall
Roof drains
Sealed tanks
Shoveling
Site inspection
Spill prevention plan
Spillstoppers
Stone filters
Sumps
Swales
Sweeping
Tarps (i.e., temporary covers)
Training
V-Strips
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51013
TABLE U-11.—MATERIAL MANAGEMENT PRACTICES1-'1—Continued
Mopping
ON Interceptor
Oil/water separators
Overfill protection
Ponds
Vacuuming
Valves
Vinyl socks
Waste minimization procedures
Wetland
'NPDES Storm Water Group Applications—Part 2. Application Nos. 12, 13, 37. 81, 125, 159, 178, 179, 312, 436, 437, 446 541 557 583
584.599. 630. 730, 789, 811. §197935, 936, 1006,1096,1147, and 1159. '
HNPDES Storm Water Group Applications—Part 1. Application Nos. 12,13, 37, 60, 81,125,144,159,178,179, 312, 436, 437, 446, 533, 541,
545, 557, 583, 584. 599, 630, 680, 730, 733, 789, 811, 819, 932, 935, 936,1006,1096, 1147, 1159, and 1217.
Table U-12 identifies general BMPs that are applicable to a variety of food and kindred products processing subsectors,
while Table U-13 identifies BMPs for specific processing operations.
TABLE U-12.—GENERAL STORM WATER BMPs FOR THE FOOD AND KINDRED PRODUCTS PROCESSING SECTOR i-ii-iii-iv
Activity
BMPs
A. Raw Material Unloading/Product Loading
Shipping and Receiving
B. Storage Containers:
Liquid Storage
Liquid Storage (drums, carboys, and gallon
jugs).
Solid Storage (silos, holding bins, fiber
drums, etc.).
C. Waste Management:
Wastewater
Solid Waste (paper, wood pellets, scrap
metals, refuse, etc.).
Air Emissions.
D. Pest Control
• Ensure that a facility representative is present during unloading/loading activities.
• Inspect the unloading/loading areas to detect problems before they occur.
• Close storm drains during loading/unloading activities in surrounding area.
• Inspect all containers prior to unloading/loading of any raw or spent materials.
> Install backflow prevention devices on liquid transfer equipment.
• Inspect all connection equipment (e.g., hoses and couplings), and replace when necessary,
before performing unloading/loading activities.
• Perform all unloading/loading activities in a covered and/or enclosed areas.
> Use drip pans when loading/unloading liquid product.
> Situate loading/unloading areas indoors or in a covered area.
• Use rubber seals in truck loading dock areas to contain spills indoors.
• Drain hoses back into truck, railcar, etc. after loading/unloading materials.
> Install high level alarm on tanks to prevent overfilling.
> Ensure that berms and dikes are built around the unloading/loading areas, if applicable.
• If outside or in covered areas, minimize runon of storm water into the unloading/loading
areas by grading the areas to ensure that storm water runs off.
> Use dry cleanup methods for unloading/loading areas rather than washing the areas down.
> Train employees on proper unloading/loading techniques.
> Initiate an inventory control for all raw and spent materials.
> Inspect the external condition (corrosion, leaks) of the containers.
> Inspect the general area around the containers.
' Ensure that beams and dikes are built around the containers.
' Cover and/or enclose.
• Bulkhead liquid storage tanks indoors (i.e., tank outlets located inside buildings).
• Ensure that all containers are closed (e.g., valves shut, lids and manways sealed, caps
closed).
• Wash containers indoors before storing empty containers outdoors.
• If outside or in a covered area, minimize runon of storm water into a storage area by grad-
ing area to ensure that storm water runs "off" and not "on".
• Train employees on proper storage techniques (e.g., filling and transferring contents).
• Maintain employee training on proper handling and transportation of materials.
> Maintain an inventory control of all raw and spent materials.
> Employ measures to protect against spillage from the overflows (e.g., high level sensors,
alarms).
Consider vacuum emission control systems for airborne dust and paniculate matter.
Perform treatment processes in-house, if possible.
Inspect the outside pipe connections (couplings, valve seals and gaskets, flanges, etc.) of
the treatment system for leaks, corrosion, and poor maintenance upkeep.
Inspect the general area around the solid waste (e.g., look for signs of leaching).
Store waste so that it is physically contained (dumpsters, drums, bags).
Store waste in an enclosed/covered area.
If outside or in a covered area, minimize exposure to storm water by grading the area to en-
sure that storm water runs "off" and not "on".
Ensure hazardous waste disposal practices are performed in accordance with Federal,
State, and local requirements.
Route trash compactor leakage to treatment system or sanitary sewer.
Clean around vents and stacks to atmosphere from process and storage areas.
Place tubs around vents and stacks for easy collection of settling particles.
Inspect air emission control systems (e.g., baghouses) regularly and repair and replace as
necessary.
Route overflows/condensates from process vents to onsite treatment system or to the sani-
tary sewer.
Follow manufacturers directions for application of pest control materials to site.
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51014
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE U-12.—GENERAL STORM WATER BMPs FOR THE FOOD AND KINDRED PRODUCTS PROCESSING SECTOR uu«.iv_
Continued
Activity
BMPs
E. Improper Connections to the Storm Sewer
F. General.
• Time application for dry weather conditions. ,
• Store partially full containers indoors or undercover.
• Apply insecticides during breeding months.
• Protect rat bait houses from storm water. •
• Perform smoke or dye testing to determine if interconnections exist between the sanitary
and storm sewers.
» Plug all floor drains leading to storm sewers.
• Update facility schematics to accurately reflect all plumbing connections.
• Offer employee incentives so that employees will develop cost effective, worker efficient
BMPs.
• Request outside firm to conduct a storm water inspection/audit.
• Inspect material transfer lines/connections for leaks or signs of wear and repair or replace
as necessary.
i "Standard Handbook of Environmental Engineering," Corbitt, Robert A.,'McGraw-Hill, Inc., 1990.
"Air Pollution Engineering Manual, Air and Waste Management Association, Edited by Anthony J. Buonicore and Wayne T. Davis, Van
Nostrand Reinhold, New York, 1992. ..,,„„
i» "Environmental Engineering and Sanitation," Fourth Edition, Salvato, Joseph A., John Wiley & Sons, Inc., 1992.
'v Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices (EPA 832-R-92-
006), EPA, Office of Water, September 1992.
TABLE U-13.—SPECIFIC STORM WATER BMPs FOR THE FOOD AND KINDRED PRODUCTS PROCESSING SECTOR^
Activity
BMPs
A. Meat Products:
• Animal Holding Pens (beef, chicken) ......
B. Dairy Products:
• Packaged Dairy Products (spoiled and
broken product containers).
C. Canned Frozen and Preserved Fruits, Vege-
tables, and Frozen Specialties:
• Fruit and Vegetable Storage and Dis-
posal.
D. Grain Mills
• Grain Handling, Storage and Mixing
E. Bakery Products:
• Ingredient Storage and Mixing
Baking Process
F. Sugar and Confectionery:
• Sugar Handling
G. Fats & Oils:
Inspect area around animal holding pens.
Enclose/cover fowl-hanging area.
Enclose/cover the animal holding pens.
Grade the areas around the animal holding pens to ensure storm water "runs off" and not
"on" to the holding pen.
Train employees on proper material (i.e., hide, hair, feathers, animal parts) clean-up proce-
dures around and within the animal holding pens.
Store animal manure and other materials from clean-up activities in appropriate containers
in ah enclosed/covered area. ,
Area for trailers holding empty bird cages should have storm water runon/runoff controls in
place.
Use mechanical sweepers around site to clean up fugitive feathers, dust, and manure.
Inspect area around aged/spoiled dairy products.
Store aged/spoiled dairy products in enclosed area.
Train employees on proper disposal methods for all aged/spoiled dairy products.
• Ensure that all aged/spoiled product (e.g., bottles, cartons, plastic containers) are disposed
of in a proper manner (bagged, covered).
> Inspect all fruit and vegetable storage areas.
! Store all fruits and vegetables in appropriate containers (e.g., bins, bushels, baskets, buck-
ets) and in enclosed/covered areas.
> Store empty fruit and vegetable containers in an enclosed/covered area. '
• Train employees on proper handling/disposal methods for fresh/rotten fruits and vegetables.
• Consider air emission control systems for all cooking processes to reduce particulate matter.
. Minimize fruit and vegetable storage time outdoors.
> Inspect the general area around the grain storage.
> Store all grain in appropriate containers (e.g., silos, hoppers) in an enclosed/covered area.
• Train employees on grain handling procedures.
> Consider a vacuum control system in all grain mixing areas.
• Inspect ingredient storage areas.
• Store all ingredients (e.g., corn sweeteners, flour, shortening, syrup, vegetable oils) in ap-
propriate containers (e.g., tanks, drums, bags) in an enclosed/covered area.
• Remove flour/oil dust accumulation around ventilation exhaust systems.
• Install an air emission control system for all baking processes to reduce particulate matter.
• Consider a vacuum control system in all granular and powdered processing areas.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51015
TABLE U-13.—SPECIFIC STORM WATER BMPs FOR THE FOOD AND KINDRED PRODUCTS PROCESSING
Continued
Activity
BMPs
Fats and Oils Storage and Disposal
H. Beverages:
Material Storage and Mixing
• inspect all Fats and Oils storage areas.
• Store all fats and oils, (e.g., butcher shop materials, hair, hide, tallow, bone meal, and offal)
in enclosed/covered areas.
• Ensure all fats and oils are physically contained.
• Ensure grain is stored in enclosed/covered area.
• Consider an air emission control system for all grain handling and brewing processes.
• Protect reusable beverage containers that are stored outdoors from storm water contact.
!,1§ta2da,rd,HarEil:>
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51016
Federal Register /Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
dry product vacuum transfer lines;
animal holding pens; spoiled product
and broken product container storage
areas; and significant dust or particulate
generating areas. The site map must
identify all monitoring locations that
must be sampled as part of the
monitoring requirements of the permit.
(Monitoring and Reporting
Requirements). This will allow for a
direct comparison of the industrial
activities exposed to storm water with
the analytical data for storm water
discharges from these areas. The site
map must also indicate the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls (e.g. storm water and air
conditioner condensate). In order to
increase the readability of the map, the
inventory of the types of discharges
contained in each outfall may be kept as
an attachment to the site map.
(b) Inventory of Exposed Materials—
Facility operators are required to
carefully conduct an inspection of the
site and related records to identify
significant materials that are or may be
exposed to storm water. The inventory
must address materials that within 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit have been handled,
stored, processed, treated, or disposed
of in a manner to allow exposure to
storm water. Findings of the inventory
must be documented in detail in the
pollution prevention plan. At a
minimum, the plan must describe the
method and location of onsite storage or
disposal; practices used to minimize
contact of materials with rainfall and
runoff; existing structural and
nonstructural controls that reduce
pollutants in storm water runoff;
existing structural controls that limit
process wastewater discharges; and any
treatment that the runoff receives before
it is discharged to surface waters or a
separate storm sewer system. The
description must be updated whenever
there is a significant change in the types
or amounts of materials, or material
management practices, that may affect
the exposure of materials to storm
water.
(c) Significant Spills and Leaks—The
plan must include a list of any
significant spills and leaks of toxic or
hazardous pollutants that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit.
Significant spills include, but are not
limited to, releases of oil or hazardous
substances in excess of quantities that
are reportable under Section 311 of
CWA (see 40 CFR 110.10 and 117.21) or
Section 102 of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) (see 40 CFR
302.4). Significant spills may also
include releases of oil or hazardous
substances that are not in excess of
reporting requirements and releases of
materials that are not classified as oil or
a hazardous substance.
(d) Non-storm Water Discharges—
Each pollution prevention plan must
include a certification, signed by an
authorized individual, that discharges
from the site have been tested or
evaluated for the presence of non-storm
water discharges. The certification must
describe possible significant sources of
non-storm water, the results of any test
and/or evaluation conducted to detect
such discharges, the test method or
evaluation criteria used, the dates on
which tests or evaluations were
performed, and the onsite drainage
points directly observed during the test
or evaluation. Pollution prevention
plans must identify and ensure the
implementation of appropriate pollution
prevention measures for the non-storm
water discharge.
(e) Sampling Data—Any existing data
on the quality or quantity of storm water
discharges from the facility must be
described in the plan. The description
should include a discussion of the
methods used to collect and analyze the
data. Sample collection points should
be identified in the plan and shown on
the site map. Also, the plan should
identify the types of storm water
discharges (i.e., applicable sectors)
being sampled at each outfall.
(f) Summary of Potential Pollutant
Sources—The description of potential
pollutant sources culminates in a
narrative assessment of the risk
potential that the industrial activities,
materials, and physical features of the
site pose to storm water quality. Any
such activities, materials, or features
must be addressed by the measures and
controls subsequently described in the
plan. In conducting the assessment, the
facility operator must consider the
following activities: loading/unloading
areas; vehicle fueling; vehicle and
equipment maintenance and/or cleaning
areas; waste treatment, storage, and
disposal locations; liquid storage tanks;
vents and stacks from cooking and
drying operations and dry product
vacuum transfer lines; animal holding
pens; out-of-date/spoiled product
storage areas; and significant dust or
particulate generating areas. The
assessment must list any significant
pollution sources at the site and identify
the pollutant parameter or parameters
(e.g., biochemical oxygen demand, oil
and grease, etc.) associated with each
source.
In addition to food and kindred
products processing related industrial
activities, the plan must also describe
application and storage of pest control
chemicals (e.g., rodenticides,
insecticides, fungicides, etc.) used at the
facility, including a discussion of
application and storage procedures.
(3) Measures and Controls. The
permittee must evaluate, select, and
describe the pollution prevention
measures, BMPs, and other controls that
will be implemented at the facility. EPA
emphasizes the implementation of
pollution prevention measures and
BMPs that reduce possible pollutant
discharges at the source. Source
reduction measures include, among
others, preventative maintenance,
chemical substitution, spill prevention,
good housekeeping, training, and proper
materials management. Where source
reduction is not appropriate, EPA
supports the use of source control
measures and BMPs such as material
segregation or covering, water diversion,
and dust control. If source reduction or
source control are not possible,
recycling or treatment are the remaining
alternatives. Recycling allows the reuse
of storm water while treatment lowers
pollutant concentrations prior to
discharge. Since the majority of food
and kindred products processing is
conducted indoors, the activities
identified above are geared towards only
those activities that may contribute
pollutants to storm water. Also because
of the relatively few activities that are
conducted outdoors within this sector,
pollution prevention measures, BMPs,
and other controls should be relatively
few and easy for any given permittee.
Also, these measures are the most
appropriate means to reduce pollutant
loadings to storm water (as opposed to
pollutant limitations) because of the
relative ease and the significant
reductions in pollutant loads that can be
realized. The permittee should consider
the general storm water BMPs for the
food and kindred products processing
sector identified in Table U-12 and the
subsector specific BMPs provided in
Table U-13 when assessing the need for
storm water measures and controls.
The pollution prevention plan must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each of the potential
pollutant sources will be addressed. The
plan must also identify the times during
which each control or practice will be
implemented. Also, the plan should
summarize the effects that the controls
or practices will have on storm water
discharges from the site. At a minimum,
the measures and controls must address
the following components:
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51017
(a) Good Housekeeping—Permittees
must describe protocols established to
reduce the possibility of mishandling
chemicals or equipment and training
employees in good housekeeping
techniques. Specifics of this plan must
be communicated to appropriate plant
personnel.
(b) Preventative Maintenance—
Permittees are required to develop a
preventative maintenance program that
includes regular inspections and
maintenance of storm water BMPs. The
purpose of the inspections is to assess
the effectiveness of the storm water
pollution prevention plan. The
inspections allow facility personnel to
monitor the success or failure of
elements of the plan on a regular basis.
The use of an inspection checklist
should be considered. A checklist
ensures that all required areas are
inspected, as well as providing
documentation for the recordkeeping
requirement.
(c) Spill Prevention and Response
Procedures—Permittees are required to
identify appropriate material handling
procedures, storage requirements,
containment or diversion equipment,
and spill cleanup procedures that will
minimize the potential for spills and in
the event of a spill enable proper and
timely response. Areas and activities
that typically pose a high risk for spills
at food and kindred products processing
facilities include raw material
unloading and product loading areas,
material storage areas, and waste
management areas (e.g., dumpsters,
compactors). These activities and areas,
and their accompanying drainage
points, must be described in the plan.
(d) Inspections—In addition to the
comprehensive site evaluation required
under XI.U.G.b. (Comprehensive Site
Compliance Evaluation) of this section
of today's permit, qualified personnel
must inspect designated equipment and
areas of the facility at appropriate
intervals as specified in the plan. Areas
that are found to possibly contribute
pollutants to storm water are identified
in this section of today's permit as
requisite areas for periodic scheduled
inspections. A set of tracking or follow-
up procedures must be used to ensure
that appropriate actions are taken in
response to the inspections. Records of
inspections must be maintained.
Inspections shall be carried out by
qualified facility personnel at least once
each year.
(e) Employee Training—Permittees
must describe a program for informing
personnel at all levels of responsibility
of the components and goals of the
storm water pollution prevention plan.;;
Training should address topics such as
good housekeeping, materials
management, and spill response
• procedures. A schedule for conducting
this training must be provided in the
plan. Where appropriate, contractor
personnel also must be trained in
relevant aspects of storm water
pollution prevention. EPA recommends
that facilities conduct training annually
at a minimum. However, more frequent
training may be necessary at facilities
. with high turnover of employees or
where employee participation is
essential to the storm water pollution
prevention plan.
: (fl Recordkeeping and Internal
Reporting Procedures—Permittees must
describe procedures for developing and
retaining records on the status and
effectiveness of plan implementation.
The plan must address spills,
monitoring, and BMP inspection and
maintenance activities. Ineffective BMPs
must be reported and the date of their
corrective action noted.
(g) Sediment and Erosion Control—
Permittees must identify areas that, due
to topography, activities, soils, cover
materials, or other factors have a high
potential for significant soil erosion.
Measures to limit erosion in these areas
must be identified.
(ti) Management, ofRunoff—
Permittees must provide a narrative
assessment of traditional storm water
management practices that divert,
infiltrate, reuse, or otherwise manage
storm water runoff so as to reduce the
discharge of pollutants. Based on the
assessment, the permittee must identify
'practices that are reasonable and
appropriate for the facility and must
describe the particular pollutant source
area or activity to be controlled by each
storm water management practice.
Reasonable and appropriate practices
must be implemented and maintained.
b. Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluations that qualified personnel will
conduct to (1) confirm the accuracy of
the description of potential pollution
sources contained in the plan, (2)
:determine the .effectiveness of the plan,
and (3) assess compliance with the
terms and conditions of this section of
today's permit. Comprehensive site
compliance evaluations must be
conducted at least annually for food and
kindred products processing facilities.
The individual or individuals who will
conduct the evaluation must be
identified in the plan and should be
members of the pollution prevention
team. Evaluation reports must be
retained for at least 3 years after the date
of the evaluation. Where compliance'
evaluation schedules overlap with
inspections required under
XI.V.3.a.(3)(d) of this section, the
compliance evaluation may be
conducted in place of one such
inspection.
Based on the results of each
evaluation, the description of potential
pollution sources, and measures and
controls, the plan must be revised as
appropriate within 2 weeks after each
inspection. Changes in the measures
and controls must be implemented on
the site in a timely manner, and never
more than 12 weeks after completion of
the evaluation.
6. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that food
and kindred products facilities may
reduce the level of pollutants in storm
water runoff from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. In order to
provide a tool for evaluating the
effectiveness of the pollution prevention
plan and to characterize the discharge
for potential environmental impacts, the
permit requires grain mill products
facilities and fats and oils products
facilities to collect and analyze samples
of their storm water discharges for the
pollutants listed in Tables U-14 or U-
15. The pollutants listed in Tables U-14
or U-15 were found to be above
benchmark levels for a significant
portion of facilities in these subsectors
that submitted quantitative data in the
group application process. Because
these pollutants have been reported at
benchmark levels from grain mill
products and fats and oils products
facilities, EPA is requiring monitoring
after the pollution prevention plan has
been implemented to assess the
effectiveness of the pollution prevention
plan and to help ensure that a reduction
of pollutants is realized.
Under the- Storm Water Regulations at
40 CFR 122.26(b)(14), EPA defined
"storm water discharge associated with
industrial activity". The focus of today's
permit is to address the presence of
pollutants that are associated with the
industrial activities identified in this
definition and that might be found in
storm water discharges. Under the
methodology for determining analytical
monitoring requirements, described in
section VI.E.l of this fact sheet, zinc is
above the bench mark concentrations for
the grain mill and beverage products
subsectors. After a review of the nature
of industrial activities and the
significant materials exposed to storm
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51018
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
water described by facilities in these
subsectors, EPA has determined that the
higher concentrations of zinc are not
likely to be caused by the industrial
activity, but may be primarily due to
non-industrial activities on-site. Today's
permit does not require grain mill or
beverage products facilities to conduct
analytical monitoring for this parameter.
At a minimum, storm water
discharges from grain mill product and
fats and oils product facilities must be
monitored quarterly during the second
year of permit coverage. Samples must
be collected at least once in each of the
following periods: January through
March; April through June; July through
September; and October through
December. At the end of the second year
of permit coverage, a facility must
calculate the average concentration for
each parameter listed in Tables U—14 or
U—15, and applicable to that industrial
subsector. If the permittee collects more
than four samples in this period, then
they must calculate an average
concentration for each pollutant of
concern for all samples analyzed.
TABLE U-14.—GRAIN MILL PRODUCTS
MONITORING REQUIREMENTS
Pollutant of concern
Total Suspended Solids (TSS).
Cut-off
concentra-
tion
100 mg/L
TABLE U-15.—FATS AND OILS
MONITORING REQUIREMENTS
Pollutants of concern
Biochemical Oxygen Demand
(BOD).
Chemical Oxygen Demand
(COD).
Nitrate Plus Nitrite Nitrogen ....
Total Suspended Solids
Cut-off
concentra-
tion
30 mg/L
120 mg/L
0.68 mg/L
100 mg/L
If the average concentration for a
parameter is less than or equal to the
value listed in Tables U-14 or U-15,
then the permittee is not required to
conduct quantitative analysis for that
parameter during the fourth year of the
permit. If, however, the average
concentration for a parameter is greater
than the cut-off concentration listed in
Table U-14 or U-15, then the permittee
is required to conduct quarterly
monitoring for that parameter during the
fourth year of permit coverage.
Monitoring is not required during the
first, third, and fifth year of the permit.
The exclusion from monitoring in the
fourth year of the permit is conditional
on the facility maintaining industrial
operations and BMPs that will ensure a
quality of storm water discharges
consistent with the average
concentrations recorded during the
second year of the permit.
TABLE U-16.—SCHEDULE OF MONITORING
2nd Year of Permit Coverage
4th Year of Permit Coverage
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table U-14 or U-15, then quar-
terly sampling is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table U-14 or U-15,
then no further sampling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2
of the permit is greater than the value listed in Table U-14 or U-15.
If industrial activities or the pollution prevention plan have been altered such that storm
water discharges may be adversely affected, quarterly monitoring is required for all param-
eters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaited. it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, or a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph (c) below, 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
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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (c) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Such permittees must
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51019
submit monitoring results on four
separately signed Discharge Monitoring
Report Forms to the Director. For
facilities conducting monitoring beyond
the minimum quarterly requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process ornonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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 hi the plan.
/. Quarterly Visual Examination of
Storm Water Quality. All food and
kindred products facilities shall perform
and document a visual examination of
a storm water discharge associated with
industrial activity from each outfall,
except discharges exempted under
paragraph (3) below. The examination(s)
must be made at least once in each of
the following 3-month periods: January
through March, April through June, July
through September, and October
through December. The examination
shall be made during daylight hours
unless there is insufficient rainfall or
snow melt to produce a runoff event.
(2) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for the entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the. location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
(5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water •
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and effects on the
management practices that are included
in the plan. '
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51020
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
V. Storm Water Discharges Associated
With Industrial Activity From Textile
Mills, Apparel, and Other Fabric
Product Manufacturing Facilities
1. Discharges Covered Under This
Section
Special permit conditions have been
developed for textile mills, apparel, and
other fabric product manufacturing
facilities. The conditions in this section
apply to storm water discharges from
textile related operations located at any
of the facilities covered under the storm
water application regulations [40 Code
of Federal Regulations (CFR) 122.26]
and applying for coverage under this
permit.
The storm water application
regulations define storm water
discharges associated with industrial
activity at 40 CFR 122.26(b)(14).
Category (xi) of this definition includes
facilities under Standard Industrial
Classifications 22 and 23. The
conditions in this section apply to storm
water discharges from the Textile Mill
Products, of and regarding facilities and
establishments engaged in the
preparation of fiber and subsequent
manufacturing of yarn, thread, braids,
twine, and cordage, the manufacturing
of broadwoven fabrics, narrow woven
fabrics, knit fabrics, and carpets and
rugs from yarn; processes involved in
the dyeing and finishing of fibers, yarn
fabrics, and knit apparel; the integrated
manufacturing of knit apparel and other
finished articles of yarn; the
manufacturing of felt goods (wool), lace
goods, nonwoven fabrics, miscellaneous
textiles, and other apparel products.
Textile Mill Product facilities (SIC
major group 22) typically receive and
prepare fibers, transform these materials
into fabric or related products, and
finish the materials before packaging.
Apparel facilities (SIC major group 23)
typically receive woven or knitted fabric
for cutting, sewing, and packaging. For
more information on the industrial
activities at textile facilities, consult
EPA's "Development Document for
Effluent Limitations Guidelines and
Standards for the Textile Mills"
(Document EPA 440/1-79/0226, October
1979).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
TABLE V-1.
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Pollutants in Storm Water Discharges
Associated with the Manufacture of
Textile Products
Based on group application
information and data, and the
"Development Document for Effluent
Limitation Guidelines and Standards for
the Textile Mills," EPA has identified
the storm water pollutants and sources
resulting-from textile manufacturers in
Table V-1.
Activity
Pollutant source
Pollutant
Raw material storage and handling
Storage and handling of materials for dyeing ....
Storage and handling of materials for scouring
and cleaning.
Storage and handling of materials for bleach-
ing, printing, finishing, and other activities.
Wool, cotton, synthetics, rayon, other fibers,
coal/wood piles, fuels, oil, lubricants.
Dyes, dye preservatives, pigments
Wool, scouring agents, detergents
Dyes, bleaches, detergents, finishing agents,
printing products.
TSS, pH, oil and grease, COD, BOD5, lead,
chromium, benzene.
Copper, phenols, lead, chromium, zinc, alu-
minum, acids.
BOD5> COD, TSS, oil and grease, sulfides,
phenols, pH, chromium.
BOD5, COD, TSS, oil and grease, sulfides,
phenols, pH, chromium, hydrogen peroxide,
acids.
Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the textile mills,
apparel, and other fabric product
manufacturing industry into subsectors
to properly analyze sampling data and
determine monitoring requirements. As
a result, this sector has been divided
into the following subsectors: textile
mills and apparel and other finished
products made from fabrics. Table V-2
below includes data for the eight
pollutants that all facilities were
required to monitor for under Form 2F.
The table also lists those parameters that
EPA has determined may merit further
monitoring. A table has not been
included for the apparel and other
finished products made from fabrics
subsector because less than 3 facilities
submitted data.
TABLE V-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY TEXTILE MILL PRODUCTS FACILITIES SUBMITTING
PART 11 SAMPLING DATA ! (mg/L)
Pollutant
sample type
BODj
COD
Nitrate + Nitrite Nitrogen
Total Kjeldahl Nitrogen _
Oil & Grease
pH
Total Phosphorus
Total Suspended Solids
No. of facili-
ties
Grab
51
51
51
51
51
48
51
51
7
Comp n
49
49
49
49
N/A
N/A
49
49
6
No. of samples
Grab
96
96
96
96
97
91
96
96
16
Comp
93
93
93
93
N/A
N/A
93
93
14
Mean
Grab
10.4
61.9
1.35
1.98
3.2
N/A
0.28
126
0.328
Comp
9.53
46.25
1.22
1.71
N/A
N/A
0.29
75
0.296
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
4.0
0.00
0
0.000
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
• o.o
0.070
Maximum
Grab
50.0
306.0
71.00
7.40
42.0
10.2
11.00
1888
1.060
Comp
50.2
212.0
65.0
8.30
N/A
N/A
11.0
1675
0.880
Median
Grab
7.0
41.0
0.30
1.64
0.0
6.9
0.12
38
0.19
Comp
7.0
36.0
0.34
1.50
N/A
N/A
0.11
20
0.21
95th percentile
Grab
29.8
194.0
3.17
5.54
17.8
9.1
0.66
591
1.079
Comp
26.02
132.1
2.71
4.38
N/A
N/A
0.66
261
0.769
99th percentile
Grab
51.1
365.0
6.80
9.03
35.9
10.4
1.29
1860
2.062
Comp
43.2
228.8
5.74
6.76
N/A
N/A
130
694
1.269
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0. . . -- - - - .
"Composite samples.
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3. Options for Controlling Pollutants
Table V-3 lists some BMPs which
may be effective in limiting the amount
of pollutants in storm water discharges
from textile facilities. Many of the BMPs
suggested focus on the process aspect of
textile manufacturing. Although
processes are typically conducted
indoors, EPA believes that changes in
the manufacturing process, such as a
switch to less toxic chemicals, can
lessen the amount of contamination hi
storm water discharges. The BMPs listed
are not necessarily required to be
implemented. Rather, BMPs should be
, chosen based on the specific nature of
the storm water discharges at each
textile facility and implemented as
appropriate. Based on part 1
information, several of the BMPs
suggested are already in place at many
of the facilities. Part 1 submittals
indicate that diking or other types of
diversion occur at 55 percent of the
sampling facilities. Nineteen percent of
the sampling facilities noted that they
use some form of covering as a BMP,
and catch basins are in place at 45
percent. In addition, 64 percent of the
facilities designated as samplers in part
1 information reported they had a Spill
Prevention Control and Countermeasure
Plan in place, while 56 percent used
swales, 29 percent had vegetation strips,
and 12 percent utilized ponds to collect
storm water.
TABLE V-3.—COMMON BEST MANAGEMENT PRACTICES FOR TEXTILE FACILITIES
Activity
BMPs
Preparation (e.g., Desizing and Scouring)
Dyeing
Finishing
General Water Conservation Techniques ....
Chemical Screening and Inventory Control .
Material Handling: Bulk Liquid Storage and Con-
tainment
Material Handling: Containerized Material Stor-
age.
Material Handling: Designated Material Mixing
Areas.
Waste stream reuse for typical bleach unit processing; recycle J-box or kier drain wastes to
saturator.
Make use of countercurrent washing.
Use washer waste from scour operation for batch scouring.
Perform analysis of spent dye baths for residual materials.
Where feasible, obtain background information and data necessary before making product
substitutions. This includes OSHA form 20 data and technical data.
Be aware of potential problem chemicals, such as aryl phenol ethoxylates, chlorinated aro-
matics, chlorinated aromatics, and metals.
Employ pad batch dyeing to eliminate the need for salts and chemical specialties from the
dyebath, with associated reduction in cost and pollution source reduction.
Reuse residual portions of finish mixes as much as possible by adding back to them the re-
quired components to make up the next mix.
Return noncontact cooling water and stream condensates to either a hot water holding tank
or a clear well. If neither is available, segregate waste streams from sources which do not
generally require treatment from other waste streams that do require treatment.
Use "low liquor ratio" dyeing machines where practicable.
Use of foam processing (mercerizing, bleaching, dyeing, finishing) where practicable as a
water conservation process.
Employ prescreening practices to evaluate and consider chemicals on a wide range of envi-
ronmental and health impact criteria.
Develop and perform a routine raw material quality control program.
Review and develop procedures for source reduction of metals.
Promptly transfer used fluids to the proper container; do not leave full drip pans or other open
containers around the shop. Empty and clean drip pans and containers.
Do not pour liquid waste down floor drains, sinks, or outdoor storm drain inlets.
Plug floor drains that are connected to the storm or sanitary sewer; if necessary, install a
sump that is pumped regularly.
Inspect the maintenance area regularly for proper implementation of control measures.
Train employees on proper waste control and disposal procedures
Store permanent tanks in a paved area surrounded by a dike system which provides suffi-
cient containment for the larger of either 10 percent of the volume of all containers or 110
percent of the volume of the largest tank.
Maintain good integrity of all storage tanks.
Inspect storage tanks to detect potential leaks and perform preventive maintenance.
Inspect piping systems (pipes, pumps, flanges, couplings, hoses, valves) for failures or leaks.
Train employees on proper filling and transfer procedures.
Store containerized materials (fuels, paints, solvents, etc.) in a protected, secure location and
away from drains.
Store reactive, ignitable, or flammable liquids in compliance with the local fire code.
Label all materials clearly.
Identify potentially hazardous materials, their characteristics, and use.
Control excessive purchasing, storage, and handling of potentially hazardous materials.
Keep records to identify quantity, receipt date, service life, users, and disposal routes.
Secure and carefully monitor hazardous materials to prevent theft, vandalism, and misuse of
materials.
Educate personnel for proper storage, use, cleanup, and disposal of materials.
Provide sufficient containment for outdoor storage areas for the larger of either 10 percent of
the volume of all containers or 110 percent of the volume of the largest tank.
Use temporary containment where required by portable drip pans.
Use spill troughs for drums with taps.
Mix solvents in designated areas away from drains, ditches, and surface waters.
If spills occur,
• Stop the source of the spill immediately
• Contain the liquid until cleanup is complete
• Deploy oil containment booms if the spill may reach the water -
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE V-3.—COMMON BEST MANAGEMENT PRACTICES FOR TEXTILE FACILITIES—Continued
Activity
BMPs
• Cover the spill with absorbent material
• Keep the area well ventilated . .
• Dispose of cleanup materials properly
• Do not use emulsifier or dispersant.
Sources: Smith, Brent, "Identification and Reduction of Pollution Sources in Textile Wet Processing." Department of Textile Chemistry, North
Carolina State University, Raleigh, NC, 1986.
Smith, Brent, "Identification and Reduction of Toxic Pollutants in Textile Mill Effluent." Department of Textile Chemistry, North Carolina State
Universjiy, Raleigh, NC, 1992.
NPDES Storm Water Group Applications—Part 1. Received by EPA March 18,1991 through December 31,1992.
4. Special Conditions
There are no additional requirements
beyond those described in Part VLB of
this fact sheet.
5. Storm Water Pollution Prevention
Plan Requirements
The permit conditions that apply to
storm water discharges from textile
mills, apparel and other fabric product
manufacturing facilities are, in part,
established upon the basic requirements
in the front of this fact sheet. The
following discussion addresses only
those conditions that may differ from
the common pollution prevention plan
provisions discussed previously.
a. Contents of the Plan
(1) Description of Potential Pollutant
Sources: Under the description of
potential pollutant sources in the storm
water pollution prevention plan
requirements, permittees are required to
include processing areas, loading/
unloading areas, treatment, storage, and
waste disposal areas, liquid storage
tanks, fueling areas, on a site facility
map. EPA believes that this is
appropriate since these areas may
potentially be a significant source of
pollutants to storm water.
(2) Measures and Controls. Under the
description of measures and controls in
the storm water pollution prevention
plan requirements, this section requires
that all areas that may contribute
pollutants to storm water discharges
shall be maintained in a clean, orderly
manner. This section also requires that
the following areas must be specifically
addressed:
(a) Material Storage Areas—All stored
and containerized materials (fuels,
petroleum products, solvents, dyes, etc.)
must be stored in a protected area, away
from drains and clearly labeled. The
plan must describe measures'that
prevent or minimize contamination of
storm water runoff from such storage
areas. The facility should specify which
materials are stored indoors and must
provide a description of the
contaminant area or enclosure for those
materials which are stored outdoors.
Above ground storage tanks, drums, and
barrels permanently stored outside must
be delineated on the site map with a
description of the appropriated
containment measures in place to
prevent leaks and spills. The facility
may consider an inventory control plan
to prevent excessive purchasing,
storage, and handling of potentially
hazardous substances. In the case of
storage of empty chemical drums and
containers, facilities should employ
such practices as triple-rinsing
containers. The discharge waters from
such washings must be collected,
contained, or treated, and facilities
should identify where the discharge will
be released.
(b) Material Handling Area—The plan
must describe measures that prevent or
minimize contamination of tie storm
water runoff from materials handling
operations and areas. The facility may •
consider the use of spill and Overflow
protection; covering fuel areas; covering
and enclosing areas where the transfer
of materials may occur. Where
applicable, the plan must address the
replacement or repair of leaking
connections, valves, transfer lines and
pipes that may carry chemicals, dyes, or
wastewater.
(c) Fueling Areas—The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from fueling areas. The
facility may consider covering the
fueling area, using spill and overflow
protection, minimizing runon of storm
water to the fueling area, using dry
cleanup methods, and/or collecting the
storm water runoff and providing
treatment or recycling.
(d) Above Ground Storage Tank
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from above ground storage tank areas. '
The facility must consider storage tanks
and their associated piping and valves.
The facility may consider regular
cleanup of these areas, preparation of a
spill prevention control and
countermeasure program, providing
spill and overflow protection,
minimizing runon of storm water from
adjacent facilities and properties,
restricting access to the area, inserting
filters in adjacent catch basins,
providing absorbent booms in unbermed
fueling areas, using dry cleanup
methods, and permanently sealing
drains within critical areas that may
discharge to a storm drain.
EPA believes that the incorporation of
management practices such as those
suggested will substantially reduce the
potential for these activities and areas to
significantly contribute pollutants to
storm water discharges. In addition,
EPA believes that these requirements
continue to provide the necessary
flexibility to address the variable risk for
pollutants in storm water discharges
associated with different facilities.
Further, many facilities will .find that
management measures that have already
been incorporated into, the facility's
operation, such as the installation of
overfill protection equipment and
labelling and maintenance of used oil
storage units, are already required under
existing EPA programs and will meet
the requirements of this section.
Under the preventive maintenance
requirements, the plan specifically
includes the routine inspection of
sediment traps to ensure that solids will
be intercepted and retained prior to
entering the storm drainage system.
Because of the nature of operations
which occur at textile facilities, specific
routine attention needs to be placed on
the collection of solids.
Under the inspection requirements
this section requires that, in addition to
the comprehensive site evaluation
required under Part IV of today's permit,
qualified facility personnel shall be
identified to inspect designated
equipment and areas of the facility, at a
minimum, on a monthly basis.
The purpose of the inspections is to
check on the implementation and
effectiveness of the storm water
pollution prevention plan. The
inspections allow facility personnel to
monitor the success or failure of
elements of the plan on a regular basis.
The use of an inspection checklist is
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51023
highly encouraged. The checklist will
ensure that all required areas are
inspected, as well as help to meet the
record keeping requirements.
The permittee is required to identify
at least annual dates for employee
training. EPA requires that facilities
conduct training annually at a
minimum. However, more frequent
training may be necessary at facilities
with high turnover of employees or
where employee participation is
essential to the storm water pollution
prevention plan. Employee training
must, at a minimum, address the
following areas when applicable to a
facility: use of reused/recycled waters;
solvents management; proper disposal
of dyes; proper disposal of petroleum
products and spent lubricants; spill
prevention and control; fueling
procedures; and general good
housekeeping practices. Employees,
independent contractors, and customers
must bo informed about BMPs and be
required to perform in accordance with
those practices. Copies of BMPs and any
specific management plans, including
emergency phone numbers, shall be
posted in the work areas. EPA,
therefore, is requiring that employee
training take place at least once a year
to serve as: (1) Training for new
employees; (2) a refresher course for
existing employees; and (3) training for
all employees on any storm water
pollution prevention techniques
recently incorporated into the plan.
6. Monitoring and Reporting
Requirements
a. Monitoring Requirements. The
regulatory modifications at 40 CFR
122.44 (i)(2) established on April 2,
1992, grant permit writers the flexibility
to reduce monitoring requirements in
storm water discharge permits. EPA has
determined that the potential for storm
water discharges to contain pollutants
above benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
support sampling at facilities covered by
this section of today's permit. Under the
Storm Water Regulations at 40 CFR
122.26(b)(14), EPA defined "storm water
discharge associated with industrial
activity". The focus of today's permit is
to address the presence of pollutants
that are associated with the industrial
activities identified in this definition
and that might be found in storm water
discharges. Under the methodology for
determining analytical monitoring
requirements, described in section
VLE.l of this fact sheet, zinc is above
the bench mark concentrations for the
textile mills subsector. After a review of
the nature of industrial activities and
the significant materials exposed to
storm water described by facilities in
this subsector, EPA has determined that
' the higher concentrations of zinc are not
likely to be caused by the industrial
activity, but may be primarily due to
non-industrial activities on-site. Today's
permit does not require textile mills
facilities to conduct analytical
monitoring for this parameter. Based on
a consideration of the BMPs typically
used at these facilities, and generally
: low pollutant values from the
application data, EPA believes that the
pollution prevention plan with visual
examinations of storm water discharges
(see below) will help to ensure storm
water contamination is minimized.
Because permittees are not required to
conduct analytical monitoring, they will
be able to focus their resources on
developing and implementing the
pollution prevention plan.
b. Quarterly Visual Examination of
Storm Water Quality. Textile mills,
apparel, and other fabric product
facilities shall perform and document a
visual examination of a storm water
discharge associated with industrial
activity from each outfall, except
discharges exempted under paragraph
(3) below. The examihation(s) must be
made at least once in each of the
following 3-month periods: January
through March, April through June, July
through September, and October
through December. The examination
shall be made during daylight hours
unless there is insufficient rainfall or
snow melt to produce a runoff event.
' (1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical,.but not to exceed 1 hour) of
when the runoff or snowmelt begins
1 discharging. The examinations shall
' document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the observation
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
(5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
provide meaningful results upon which
the facility may act quickly. The
frequency of this .visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the! plan.
As discussed above, EPA does not -
believe that analytical monitoring is
necessary for textile mills, apparel, and
other fabric product manufacturing
facilities. EPA believes that between
quarterly visual examinations and site
compliance evaluations potential ,
sources of contaminants can be
recognized, addressed, and then
controlled with BMPs. In determining
the monitoring requirements, EPA
considered the nature of the industrial
activities and significant materials
exposed at these sites, and performed a
review of data provided in Part 2 group
applications.
W. Storm Water Discharges Associated
With Industrial Activity From Wood and
Metal Furniture and Fixture
Manufacturing Facilities
1. Discharges Covered Under This
Section
On November 16,1990 (55 FR 47990),
the U.S. Environmental Protection
Agency (EPA) promulgated the
regulatory definition of "storm water
discharges associated with an industrial
activity," This definition included point
source discharges of storm water from
eleven major categories of facilities, ,
including facilities under Standard
Industrial Classification (SIC) codes
2434 and 25. Part XI.W. of today's
permit only covers storm water
discharges associated with industrial
activities from furniture and fixture
manufacturing facilities. Furniture and
fixture manufacturing facilities eligible
for coverage under this section include
facilities identified by the following SIC
codes: wood kitchen cabinets (generally
described by SIC code 2434); household
furniture (generally described by SIC
code 251); office furniture (generally
described by SIC code 252); public
buildings and related furniture
(generally described by SIC code 253);
partitions, shelving, lockers, and office
and store fixtures (generally described
by SIC code 254); and miscellaneous
furniture and fixtures (generally
described by SIC code 259).
Storm water discharges covered by
this section include all discharges
where material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products, or industrial
machinery are exposed to precipitation
and storm water runon. Storm water
that does not come into contact with an
industrial activity or a significant
material are not subject to permitting
according to 40 CFR 122.26. This
section is not applicable to any
discharge subject to effluent limitation
guidelines. However, the storm water
component of the unpermitted
discharge may be included under this
section.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Industry Profile
The manufacturing processes for
furniture and fixture manufacturing
facilities are not typically exposed to
storm water. However, unloading
operations and the storage of some raw
materials, and waste products, may be
exposed to precipitation. Because of the
lack of industrial activities occurring
outdoors and the necessity of keeping ,
many of the raw materials dry, the
primary sources of storm water
pollutants originate from materials
handling and waste management or
disposal activities. Table W-l lists
potential pollutant source activities, and
related pollutants associated with
furniture and fixture manufacturing
facilities. There are two primary types of
furniture and fixture manufacturing
facilities. The distinction is based on the
primary raw material, wood or metal.
The manufacturing processes and
significant materials to produce wood
and metal furniture or fixtures are not
similar. However, these manufacturing
activities and wood resources are not
typically exposed to precipitation.
TABLE W-1 .—Activities, Pollutant Sources, and Pollutants
Activity
Wood Drying
Furniture Manufacturing
Other Activities
Pollutant source
Coal
Saw Dust
Ash
Sizing Operations
Painting Operations :.
Gluing Operations
Used Rags
Processing materials unloading
Waste Material Transportation
Treatment Facilities .°
Air Emission Control Cleaning
Pollutant
TSS, pH, cadmium, arsenic.
TSS, COD, BOD5, pH.
TSS, pH.
TSS, BOD3, pH.
Lead, cadmium, COD.
Solvents, COD, oil & grease.
Solvents, COD, oil & grease.
Diesel fuel, gasoline, oil, TSS.
TSS, BODs, pH.
Solvents, COD, oil & grease.
TSS, BOD5, oil & grease, COD.
TSS, pH, cadmium, lead, copper, zinc.
Source: Storm Water Group Applications, Parts 1 and 2.
Industrial activities occurring at
furniture and fixture manufacturing
facilities that pertain to the storm water
rule include, " * * * but [are] not
limited to, storm water discharges from
industrial plant yards; material handling
sites; refuse sites; sites used for the
application or disposal of process
wastewaters (as defined at 40 CFR Part
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51025
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 materials; and
areas where industrial activity has taken
place in the past and significant
materials remain and are exposed to
storm water" (40 CFR 122.26(b)(14)).
The most common industrial activities
at furniture and fixture manufacturing
facilities include material handling sites
and raw material storage areas.
Significant materials include," * * *
but [are] not limited to: raw materials;
fuels; materials such as solvents,
detergents, and plastic pellets; finished
materials such as metallic products;
* * * hazardous substances designated
under Section 101(14) of CERCLA; any
chemical facilities required to report
pursuant to Section 313 of Title m of
SARA; fertilizers; pesticides; and waste
products such as ashes, slag, and sludge
that have the potential to be released
with storm water discharges" (40 CFR
122.26(b)(12)). Significant materials
commonly found at furniture and
fixture manufacturing facilities include:
wood; saw dust; metals; petroleum-
based products; solvents; detergents;
and waste materials.
Manufacturers of furniture and
fixtures are separated by the primary
raw material (i.e., wood and metal). The
primary raw materials, industrial
processes, waste and by-products, and
final products differ for the production
of wood furniture and metal furniture.
Within each subsector the number of
industrial activities and corresponding
significant materials and waste products
may also vary. Presented below are brief
descriptions of the industrial activities
and significant materials associated
with the manufacturing of wood and
metal furniture and fixtures. Due to
similarities in the production of
furniture and fixtures within subsectors,
industrial activities and significant
materials are fairly uniform across this
sector. Unique practices are noted.
a. Manufacturing of Wood Furniture
and Fixtures. The process of
manufacturing wood furniture begins
with the delivery and storage of wood.
There are three different raw wood
materials; lumber, veneer, and particle
board. Since the manufacturing
processes are not typically exposed to
storm water for this industry, some of
tho "industrial activities" described
below may not be susceptible to storm
water exposure. Significant materials
and materials management practices do
refer to those materials exposed to storm
water, and to the subsequent
management practices used to control
storm water. Variations on exposure to
, industrial activities and significant
materials are site-specific.
(1) Industrial Activities. Once
delivered, raw lumber is allowed to air
dry up to 1 year. After the lumber is
sufficiently air dried it is then
transported to a dry kiln for further
drying. The lumber is kiln dried
anywhere from 7 to 150 days. Once the
lumber has been dried to a desired
moisture content, the dried lumber is
taken to the processing area. The
remaining furniture manufacturing
processes are all completed indoors.
Manufacturers may also receive lumber
that is already dried. Therefore, the
manufacturers may not need to air or
kiln dry the wood and proceed directly
into the processing stage. '
The dried lumber is run through
planers, to create a smooth, preliminary
working surface, and then cut to
specified dimensions depending on the
end use. The sized lumber is then taken
through sanding and machining
operations. Sanding produces a smooth,
fine working surface. Machining can
include boring, routing, lathe
operations, mitre cutting, and finish
cuts. From this point, each piece of
wood is dedicated to a specific product.
Veneer is another raw material used
in the production of furniture. In this
.process logs are placed in a steam vat to
increase the moisture content of a log.
The logs are turned on a lathe to peel
off the veneer. The resulting veneer
sheets are layered into stacks or
"hacks." Moisture is removed from the
hacks by kiln drying. After a desired
'moisture content has been achieved the
hacks are disassembled. Veneer is
frequently hot or cold pressed onto
particle board or solid wood by utilizing
adhesives.
Particle board is the third raw
material incorporated into the
manufacturing of wood furniture. The
board is received, cut to size, and
banded on all four edges with solid
wood. The banding is accomplished in
continuous, steam heated units utilizing
adhesives. The panels are allowed to
cool and then they are sanded. Particle
board is frequently coated with veneer.
The products from the three raw
materials may be combined during the
machining and sanding step or during
the final assembly of a furniture piece.
The machining and sanding step may
include: initial sizing of particle board,
veneer, and lumber; laminating
operations; and surface printing. Once
all the pieces of a particular furniture
item are manufactured and sized,
assembly can begin. This process
generally involves an assembly line
routing with many different individuals
and machines working together to build
the unit.
The final step in creating an un-
upholstered piece of furniture involves
surface finishing. This process may
involve many separate coats of stains,
lacquers, sealers, and finishes to a single
unit. This is the step where a uniform
wood color and texture are given to each
piece of furniture or furniture grouping.
Facilities that manufacture
upholstered furniture may have all of
the previously mentioned activities, or
may purchase dried or sized materials
from a manufacturer. Upholstered
furniture manufacturers will transport,
handle, store, and process natural and
synthetic fibers used for the upholstery.
After the wood component of an
upholstered piece of furniture is
assembled, the upholstery materials are
cut, sized, stretched, and then attached
to the frame. After the final inspection
of a furniture piece, the unit is packaged
and either stored temporarily onsite or
immediately shipped to an offsite
location.
(2) Significant Materials. The
significant materials identified, in part 1
of the group applications, as exposed to
storm water at wood furniture and
fixture manufacturing facilities include:
raw wood; sawdust; coal; kiln ash;
solvent-based finishing materials and
waste products; used rags; raw glue and
waste materials; and petroleum-based
products. While most of the raw wood .
material is stored outside, more valuable
wood products (e.g., sheets of veneer,
mahogany, etc.) and some composite
wood products (e.g., particle board) may
be stored inside or under cover.
b. Manufacturing of Metal Furniture
and Fixtures. Many furniture and fixture
manufacturing facilities build their
furniture with metal as the primary raw
material. However, some manufacturers
combine wood and upholstered
materials with a metal frame. Metal
furniture manufacturing facilities may
purchase wood pieces ready for
assembly or they may have all the
industrial activities of wood
manufacturing facilities in addition to
the metal manufacturing facilities. The
industrial activities at metal furniture
manufacturing facilities will be site-
specific and depend upon the level of
work necessary to shape and treat the
delivered metal into a furniture piece.
(1) Industrial Activities. Facilities that
manufacture metal household furniture
conduct operations that include:
machining and assembly, finishing, and
temporary storage of finished products
within an enclosed building. Cold roll
steel is initially received and
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
temporarily stored within the
manufacturing building. However, steel
maybe stored outside prior to use. The
steel is cut to size, bent, and welded to
design specifications to fabricate raw
metal household furniture. Final
grinding, sanding, finishing, spot
welding, and painting are then
completed. After the final inspection of
a furniture piece, the unit is packaged
and either stored temporarily onsite or
immediately shipped to an offsite
location.
(2) Significant Materials. The
significant materials identified as
exposed to storm water, in part 1 of the
group applications, at metal furniture
and fixture facilities include: metals;
sawdust; solvent-based finishing
materials and waste products;
electroplating solutions and sludges;
used rags; raw glue and waste materials;
and petroleum-based products. Prior to
manufacturing rolls of steel may be
stored outdoors but will be brought
indoors for manufacturing.
3. Pollutants in Storm Water Discharges
Associated with Furniture and Fixtures
Manufacturing Facilities
Few pollutants are expected in storm
water discharges from the
manufacturing of wood and metal
furniture and fixtures because the
majority of the industrial activities
occur indoors. Pollutants may be
present in storm water as a result of
outdoor activities associated with the
manufacturing of wood and metal
furniture and fixture such as: material
handling operations; waste disposal;
raw material storage; and deposition of
airborne particulate matter. In addition,
sources of pollutants other than storm
water, such as illicit connections, spills,
and other improperly dumped
materials, may increase the pollutant
loadings discharged into waters of the
United States.
Many of the part 2 group application
data submittals did not identify
individual site characteristics or sources
of storm water pollutants which may be
responsible for pollutant loadings.
Based on the similarities of the
facilities included in this sector in terms
of industrial activities and significant
materials, EPA believes it is appropriate
to discuss the potential pollutants at
Wood and Metal Furniture and Fixture
Manufacturing facilities as a whole and
not subdivide this sector. Therefore,
Table W-2 lists data for selected
parameters from facilities in the Wood
and Metal Furniture and Fixture
Manufacturing sector. These data
include the eight pollutants that all
facilities were required to monitor for
under Form 2F, as well as the pollutants
that EPA has determined may merit
further monitoring.
TABLE W-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY FURNITURE AND FIXTURES FACILITIES SUBMITTING
PART II SAMPLING DATA' (mg/L)
Pollutant
sample type
BODs
COD
Nitrate + Nitrite Nitrogen
Total Kjeldahl Nitrogen .
pH
Total Phosphorus
Total Suspended Solids
Zinc, Total
No. of Facili-
ties
Grab
16
16
16
16
16
15
16
16
3
Comp11
15
15
15
15
N/A
N/A
15
15
3
No. of Sam-
ples
Grab
25
25
25
25
25
23
25
25
4
Comp
24
24
24
24
N/A
N/A
24
24
4
Mean
Grab
12.2
96.0
1.73
4.37
3.8
N/A
027
188
2.973
Comp
8.80
76.3
1.51
4.40
N/A
N/A
0.26
143
0.594
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
42
0.00
3
0.340
Comp
0.0
0.0
0.0
0.60
N/A
N/A
0.0
2
0.074
Maximum
Grab
46.0
300.0
12.00
46.00
33.0
9.3
1.10
891
10.000
Comp
32.0
240.0
10:0
55.0
N/A
N/A
1.30
900
1.500
Median
Grab
9.0
83.0
0.90
1.70
0.0
7.5
0.20
130
0.78
Comp
5.95
72.5
0.68
1.35
N/A
N/A
0.19
91
0.40
95th Percenlile
Grab
38.8
231.9
6.11
10.70
19.1
9.7
0.76
1008
14.907
Comp
27.0
187.6
5.1
' 9.57
N/A
N/A
0.76
791
3.056
99th Percentile
Grab
72.2
358.4
12.97
20.39
45.0
10.8
1.30
2740
44.006
Comp
47.0
288.0
11.1
18.88
N/A
N/A
1.35
2290
7.758
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples. . .
4. Options for Controlling Storm Water
Pollutants.
Certain BMPs are implemented to
prevent and/or minimize exposure of
pollutants from industrial activities to
storm water discharges. EPA believes
the most effective BMPs for reducing
pollutants in storm water discharges are
exposure minimization practices.
Exposure minimization practices lessen
the potential for storm water to come
into contact with pollutants. Good
housekeeping practices ensure that
facilities are sensitive to routine and
nonroutine activities which may
increase pollutants in storm water
discharges. The BMPs which address
good housekeeping and exposure
minimization are easily implemented,
inexpensive, and require little, if any,
maintenance. BMP expenses may
include construction of roofs for storage
areas or other forms of permanent cover
and the installation of berms/dikes.
Other BMPs such as detention/retention
ponds and filtering devices may be
needed at these facilities because of the
contaminant level in the storm water
discharges.
Part 1 group application data indicate
that few BMPs have been implemented
at wood and metal furniture and fixture
manufacturing facilities. The only BMPs
identified in the part 1 applications
include: closed tanks, drums, and metal
boxes; and partial covering. The part 1
data submissions did not indicate the
presence of any traditional BMPs, such
as sedimentation and retention ponds,
or diversion dikes. However, the group
application process did not require a
description, or identification, of
traditional BMPs, only the identification
of material management practices that
limit the contact between storm water
and significant materials.
Because BMPs described in the part 1
data are limited, EPA is providing an
overview of supplementary BMPs for
use at furniture and fixture
manufacturing facilities. However,
inclusion of a BMP cited does not
preclude the use of other viable BMP
options. Table W-3 summarizes BMP
options as they apply to wood and metal
furniture and fixture manufacturing
facilities.
TABLE W-3.~STORM WATER BMPs FOR FURNITURE AND FIXTURE MANUFACTURING FACILITIES
Activity
Best management practices (BMPs)
Outdoor Unloading and Loading
Confine loading/unloading activities to a designated area.
Perform all loading/unloading activities in a covered or enclosed area.
Close storm drains during loading/unloading activities in surrounding areas.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51027
TABLE W-3.—STORM WATER BMPs FOR FURNITURE AND FIXTURE MANUFACTURING FACILITIES—Continued
Activity
Best management practices (BMPs)
Outdoor Material Storage (including waste and
participate emission management).
Avoid loading/unloading materials in the rain.
Inspect all containers prior to loading/unloading of any raw or spent materials.
Berm, curb, or dike loading/unloading areas.
Use dry clean-up methods instead of washing the areas down.
Train employees on proper loading/unloading techniques.
Confine storage of raw materials, parts, and equipment to designated areas.
Train employees on proper waste control and disposal.
Berm, curb, or dike any areas around tanks.
Ensure that all containers are properly sealed and valves closed.
Inventory all raw and spent materials.
Inspect air emission control systems regularly, and repair or replace when necessary.
Store wastes in covered, leak proof containers (e.g., dumpsters, drums).
Store wastes in enclosed and/or covered areas.
Ensure hazardous and solid waste disposal practices are performed in accordance with appli-
cable Federal, State, and local requirements.
Ship all wastes to offsite landfills or treatment facilities.
Sources: NPDES Storm Water Group Applications—Part 1. Received by EPA, March 18, 1991, through December 31, 1992, and EPA Office
of Water. September 1992. "Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management
Practices." EPA 832-R-92-006.
Many of the BMPs identified in Table
W-3 are reminders of good or preferred
operating procedures that are intended
to limit the exposure of significant
materials and industrial activities to
storm water. Facility operators should
review their current operations and
consider implementing these BMPs if
they are applicable to the site in order
to reduce storm water contamination.
Since none of the facilities within the
wood and metal furniture and fixture
manufacturing sector indicated the
presence of traditional storm water
management practices, EPA is requiring
the participants in this sector to
consider the implementation of storm
water diversions and sediment control
and collection structures.
Discharge diversions provide the first
line of defense in preventing the
contamination of discharges, and
subsequent contamination of receiving
waters of the United States. Discharge
diversions are temporary or permanent
structures installed to divert flow, store
flow, or limit storm water runon and
runoff.
These diversion practices have several
objectives. First, diversion structures
can bo designed to prevent otherwise
uncontaminated (or less contaminated)
•water from crossing disturbed areas or
areas containing significant amounts of
contaminated materials, where contact
may occur between runon and
significant materials. These source
reduction measures may be particularly
effective for preventing uncontaminated
discharges from contacting exposed
materials and/or reduce the flow across
disturbed areas, thereby lessening the
potential for erosion. Second, diversion
structures can be used to collect or
divert waters for later treatment, if
necessary. The usefulness of these
control measures are limited by such
factors as the size of the area to be
controlled and the type and nature of
materials exposed and precipitation
events.
Diversion dikes, curbs, and berms are
temporary or permanent diversion
.structures that prevent runoff from
passing beyond a certain point, and
divert runoff away from its intended
ipath. Dikes, curbs or berms may be used
to surround and isolate areas of concern
at wood and metal furniture
manufacturing facilities, and divert flow
around piles of significant materials in
order to minimize or limit offsite
'discharges of contaminated storm water.
Sediment control and collection
limits movement and retains sediments
from being transported offsite. Several
structural collection devices have been
developed to remove sediment from
runoff before it leaves the site. Several
methods of removing sediment from site
runoff involve diversion mechanisms
previously discussed, supplemented by
a trapping or storage device. Structural
practices typically involve filtering
diffuse storm water flows through
temporary structures such as straw bale
dikes, silt fences, brush barriers or
Vegetated areas.
However, structural practices require
periodic removal of sediment to remain
functional, for both temporary and
permanent structures. As such, they
serve as more active-type practices
which may not be appropriate for
permanent use at inactive mines.
However, these practices may be
effectively used as temporary measures
during active operation and/or prior to ,
the final implementation of permanent
measures. Temporary structures
include: plastic matting, plastic netting,
and erosion control blankets; mulch-
straw or wood chips; and compaction.
Permanent sediment control and
collection structures include: sediment/
settling ponds; sediment traps or catch
basins; and vegetated buffer strips.
5. Storm Water Pollution Prevention
Plan Requirements
All facilities subject to this section
must prepare and implement a storm
water pollution prevention plan. The
establishment of a pollution prevention
plan requirement reflects EPA's
decision to allow operators of furniture
and fixture manufacturing facilities to
utilize BMPs as the BAT/BCT level of
control for the storm water discharges
covered by this section. The
requirements included in pollution
prevention plans provide a flexible
framework for the development and
implementation of site-specific controls
to minimize pollutants in storm water
discharges. EPA believes that pollution
prevention is the most effective
approach for controlling contaminated
storm water discharges from furniture
and fixture manufacturing facilities.
Pollution prevention plans allow the
operator of a facility to select BMPs
based on site-specific considerations
such as: facility size; climate;
geographic location; hydrogeology; the
environmental setting of each facility;
volume and type of discharge generated,
and current BMPs. This flexibility is
necessary because each facility will be
unique in that the source, type, and
volume of contaminated surface water
discharges will differ from site to site.;
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices'
There are two major objectives to a
pollution prevention plan: (1) To
identify sources of pollution .potentially
affecting the quality of storm water
discharges associated with an industrial
activity from a facility; and (2) to
describe and ensure implementation of
practices to minimize and control
pollutants in storm water discharges
associated with industrial activity.
Specific requirements for a pollution
prevention plan for furniture and fixture
manufacturing facilities are described
below. These requirements must be
implemented in addition to the
pollution prevention plan provisions
discussed previously, or any other
industry-specific requirements to which
the facility is subject. For example,
facilities with coal piles must comply
with the provisions for coal pile runoff,
as well as the pollution prevention
requirements for the furniture and
fixture manufacturing industry.
a. Description of Potential Pollution
Sources. Under the drainage
requirements, the site map must show
areas where the following activities take
place, if applicable: fueling; vehicle and
equipment maintenance and/or
cleaning; loading and unloading;
material storage (including tanks or
other vessels used for liquid or waste
storage); outdoor material processing;
waste treatment, storage, or disposal;
haul roads; access roads; and rail spurs.
The site map must also indicate the
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls (e.g. storm water
and air conditioner condensate). In
order to increase the readability of the
map, the inventory of the types of
discharges contained in each outfall
may be kept as an attachment to the site
map.
b. Measures and Controls. Following
completion of the source identification
and assessment phase, the permittee
must evaluate, select, and describe the
pollution prevention measures, BMPs,
and other controls that will be
implemented at the facility. The
permittee must assess the applicability
of the following categories of BMPs for
their site: discharge diversions,
drainage/storm water conveyance
systems, runoff dispersions, and good
housekeeping measures. In addition,
BMPs include processes, procedures,
schedules of activities, prohibitions on
practices, and other management
practices that prevent or reduce the
discharge of pollutants in storm water
runoff.
The pollution prevention plan must
discuss the reasons each selected
structural control or BMP is appropriate
for the facility and how each will
address the potential sources of storm
water pollution. The plan also must
include a schedule specifying the time
or times during which each control or
practice will be implemented. In
addition, the plan should discuss ways
in which the controls and practices
relate to one another and, when taken as
a whole, produce an integrated and
consistent approach for preventing or
controlling potential storm water
contamination problems.
Permittees are also required to
develop a preventive maintenance
program that includes regular
inspections and maintenance of storm
water BMPs. The maintenance program
requires periodic removal of debris from
discharge diversions and conveyance
systems. These activities should be
conducted particularly during wet
seasons. Permittees already controlling
their storm water runoff with
impoundments or sedimentation ponds
must include the maintenance
schedules for these ponds in the
pollution prevention plan.
Under the inspection requirements of
the pollution prevention plan, operators
of furniture and fixture manufacturing
facilities are required to conduct
quarterly inspections. The inspections
shall include: (1) An assessment of the
integrity of storm water discharge
diversions, conveyance systems,
sediment control and collection
systems, and containment structures; (2)
visual inspections of vegetative BMPs to
determine if soil erosion has occurred;
and (3) visual inspections of material
handling and storage areas and other
potential sources of pollution for
evidence of actual or potential pollutant
discharges of contaminated storm water.
EPA believes that this quick and
simple description will allow the
permittee to assess the effectiveness of
his/her plan on a regular basis at very
little cost. The inspection will provide
meaningful results upon which the
facility may act quickly. The frequency
of this inspection will also allow for
timely adjustments to be made to the
pollution prevention plan. If a BMP is
found to be ineffective, corrective action
must be implemented. A set of tracking
or follow-up procedures must be used to
ensure that appropriate actions are
taken in response to the inspections.
The inspection is intended to be
performed by facility staff. This hands
on inspection will also enhance the
staffs understanding of the storm water
problems on that site and effects on the
management practices that are included
in the plan.
Under employee training, the permit
does not specify the frequency,
however, EPA recommends that
facilities conduct training annually at a
minimum. However, more frequent
training may be necessary at facilities
with high turnover of employees or
where employee participation is
essential to the storm water pollution
prevention plan.
Under the recordkeeping and internal
reporting procedures of the pollution
prevention plan, the permittee must
describe procedures for developing and
retaining records on the status and
effectiveness of plan implementation.
The plan must address spills,
monitoring (if applicable), and BMP
inspection and maintenance activities.
Ineffective BMPs must be recorded and
the date of their corrective action noted.
According to the pollution prevention
plan requirements, the permittee must
evaluate the appropriateness of each
storm water BMP that diverts,
infiltrates, reuses, or otherwise reduces
the discharge of contaminated storm
water. In addition, the permittee must
describe the storm water pollutant
source area QTactivity (i.e., loading and
unloading operations, raw material
storage piles etc.) to be controlled by
each storm water management practice.
6. Monitoring and Reporting
Requirements
a. Monitoring Requirements, The
regulatory modifications at 40 CFR
122.44 (i)(2) established on April 2,
1992, grant permit writers the flexibility
to reduce monitoring requirements in
storm water discharge permits. EPA has
determined that the potential for storm
water discharges to contain pollutants
above benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
support sampling at facilities covered by
this section of today's permit. Under the
Storm Water Regulations at 40 CFR
122.26(b)(14), EPA denned "storm water
discharge associated with industrial
activity". The focus of today's permit is
to address the presence of pollutants
that are associated with the industrial
activities identified in this definition
and that might be found in storm water
discharges. Under the methodology for
determining analytical monitoring
requirements, described in section
VI.E.1 of this fact sheet, nitrate plus
nitrite nitrogen and zinc are above the •
bench mark concentrations for the
furniture and fixtures sector. After a
review of the nature of industrial
activities and the significant materials
exposed to storm water described by
facilities in this sector, EPA has
determined that the higher
concentrations of nitrate plus nitrite
nitrogen and zinc are not likely to be
caused by the industrial activity, but
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51029
may be primarily due to non-industrial
activities on-site. Today's permit does
not require furniture and fixtures
facilities to conduct analytical
monitoring for these parameters.
Based on a consideration of the nature
of BMPs typically used at these
facilities, and generally low pollutant
values from the application data, EPA
believes that the pollution prevention
plan with visual examinations of storm
water discharges (see below) will help
to ensure storm water contamination is
minimized. Because permittees are not
required to conduct analytical
monitoring, they will be able to focus
their resources on developing and
implementing the pollution prevention
plan.
b. Quarterly Visual Examination of
Storm Water Quality. Wood and metal
furniture and fixture manufacturing
facilities shall perform and document a
visual examination of a storm water
discharge associated with industrial
activity from each outfall, except
discharges exempted under paragraph
(3) below. The examination(s) must be
made at least once in each of the
following 3-month periods: January
through March, April through June, July
through September, and October
through December. The examination
shall be made during daylight hours
unless there is insufficient rainfall or
snow melt to produce a runoff event.
(1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when, the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the observation
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
, examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
: (5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will help the
.permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is^
intended to be performed by members of
the pollution prevention team. This
hands on examination will enhance the
staffs understanding of the storm water
problems on that site and effects of the
management practices that are included
in the plan.
As discussed above, EPA does not
believe that analytical monitoring is
necessary for wood and metal furniture
and fixture manufacturing facilities.
EPA believes that between quarterly
visual examinations and site
compliance evaluations potential
sources of contaminants can be
recognized, addressed and then
controlled with BMPs. In determining
the monitoring requirements, EPA
considered the nature of the industrial
activities and significant materials
exposed at these sites, and performed a
review of data provided in Part 2 group
applications.
X. Storm Water Discharges Associated
With Industrial Activity From Printing
and Publishing Facilities
1. Industry Profile
On November 16,1990 (55 PR 47990)
EPA promulgated the regulatory
definition of "storm water discharge
associated with industrial activity."
This definition includes point source
discharges of storm water from eleven
categories of facilities, including "—
category (xi) facilities classified as
Standard Industrial Classification (SIC)
code—27." Facilities eligible for
coverage under this section include:
book printing (SIC Code 2732);
commercial printing, lithographic (SIC
Code 2752); commercial printing,
gravure (SIC Code 2754); commercial
printing, not elsewhere classified (SIC
Code 2759); and platemaking and
related services (SIC Code 2796).
This section establishes special
condition for storm water discharges
associated with industrial activities at
printing and publishing facilities. The
SIC codes of these facilities are in
category (xi) of the definition of storm
water discharges associated with
industrial activity. Storm water
discharges from facilities in this
category are only regulated where
precipitation and storm water runon
come into contact with areas associated
with industrial activities, and
significant materials. Significant
materials include, but are not limited to,
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raw materials, waste products, finished
products, intermediate products, by-
products, and other materials associated
with industrial activities.
When an industrial facility, described
by the above eligibility provisions of
this section, has industrial activities
being conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements hi this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
The printing and publishing industry
is composed of a heterogeneous
collection of over 38,000 companies that
range in size from a few employees to
several thousand.98 Some companies are
involved in both printing and
publishing, while others are exclusively
one or the other. The industrial -
activities of these facilities are similar,
but the finished products vary. The
finished products include magazines,
newspapers, books, and labels. The
printing activities covered under this
section occur strictly indoors, and are
separated into distinct operations. They
include book printing, commercial
printing (lithographic and gravure), and
platemaking for printing purposes. The
lithographic printing operation, which
is based on the premise that grease and
j water do not mix, consists of a printing
plate or cylinder, ink, a blanket and
paper. Areas on the printing plate which
will be transferred are coated with
grease, and the rest of the plate is kept
moist with water. The ink adheres to the
grease and is repelled by the water. The
printing image is then transferred to a
blanket, which is transferred to paper.
The gravure printing process uses
printing plates or cylinders, ink, and
paper. In the gravure process, the image
is engraved on the printing plate or
cylinder, the ink is then picked up by
the engraved cells and directly
transferred to paper. Other printing
methods include screen, letter press,
and flexographic printing, hi the
platemaking process, plates are cut from
metal (usually steel), formed, engraved
98 "Economic Analysis of Proposed Effluent
Guidelines, Printing Industry." Office of Planning '
and Evaluation, EPA. August 1974.
witbuthe image, and coated with copper
sulfate or chromic acid. The plates are
later used hi the printing processes
described above., l; -, _r
Aside from the specific printing
activities, other types of industrial
activities are shared by facilities covered
under this section. For example, the
.majority of these facilities have outdoor
material handling and storage activities,
and share the same types of raw and
waste materials. . ,
The primary raw materials utilized by
this industry group include paper
(including wax paper and card stock at
some facilities), printing inks
(hydrocarbon based, solvent based), and
solvents. Other raw materials include
steel (for facilities which manufacture
printing plates), toner, paints,
lubricating fluids, fuels, coating
materials, and adhesives/glues. The
paper products are stored indoors
because exposure to precipitation would
destroy the quality. The other raw
materials arrive at the facilities hi drums
and either remain in the drums or are
stored in aboveground or underground
tanks, depending on the facilities' space
and primary activity. The outdoor
storage areas for drums are sometimes
covered, but when the drums are
directly exposed to precipitation, the
storage areas are diked. Within the
facilities, drums are stored on wooden
pallets or skids, which may become
contaminated from spills of the stored
materials. After use the pallets and skids
are stored outside for .disposal and have
the potential to contaminate storm water
discharges.
Both nonhazardous and hazardous
wastes are produced from the printing
process. Hazardous wastes including
ink wastes, solvent wastes, and waste
chromic and sulfuric acid. These wastes
are generated in small quantities at
some of the facilities within this
industrial group. Solvent wastes result
from cleaning of printing plates and
metal cutting operations. Ink wastes are
generated from the cleaning of printing
plates and from excess ink used in
printing. Chromic and sulfuric acid
wastes are generated from facilities
which manufacture and coat rotogravure
printing plates.
Nonhazardous wastes from this
industry group include waste paper,
paper dust, scrap steel, and used
wooden pallets. All of these waste
materials have the potential to pollute
storm water discharges.
Significant materials exposed to storm
water at these facilities may include raw
materials and waste materials. They
include solvents (toluene, xylenej
acetone, 1,1,1-trichloroethane), fuels
(gasoline and diesel), inks, metal,
lubricating oils, pallets, copper,
chromium, acids (sulfuric and chromic),
oil and grease, and waste paper. Some
of these materials may be directly
exposed to storm water, while others
may be covered. Pollutants that may be
associated with these materials include
TSS, pH, heavy metals, oil and grease,
and COD.
Material handling activities such as
loading and unloading areas, and liquid
transfer (solvents from outdoor storage
tanks to facility) may be exposed to
storm water discharges. Exposure of
these areas to storm water may be
minimized by covering of the shipping/
receiving and liquid transfer areas.
For those facilities engaged in fueling
and vehicle maintenance, gasoline and
diesel fuel are frequently stored
outdoors in aboveground storage tanks
and drums. Most vehicles and
equipment require oil, hydraulic fluids,
antifreeze, and other fluids that may
leak and contaminate storm water
discharges.
2. Pollutants Found in Storm Water
Discharges From Printing and
Publishing Facilities
The impact of industrial activities on
storm water discharges at printing and
publishing facilities will vary. Factors at
a site which influence the water quality
include geographic location,
hydrogeology, the industrial activities
exposed to storm water discharges, the
facility's size, the types of pollution
prevention measures/best management
practices in place, and the type,
duration, and intensity of storm events.
Taken together or separately, these
factors determine how polluted the
storm water discharges will be at a given
facility. Additionally, pollutant sources
other than storm water, such as illicit
connections," spills, and other
improperly dumped materials, may
increase the pollutant loading
discharged into Waters of the United
States. Table X-l h'sts industrial
activities that commonly occur at
printing and publishing facilities, the
pollutant sources at these facilities, and
the pollutants associated with these
activities. Table X-l identifies heavy
metals, oil and other parameters as
potential pollutants associated with
printing and publishing facilities.
"Illicit connections are contributions of
unpermitted non-storm water discharges to storm
sewers from any number of sources including
improper connections, dumping or spills from
industrial facilities, commercial establishments, or
residential dwellings. The probability of illicit
connections at facilities manufacturing ;
transportation equipment, industrial or commercial
machinery is low but it may be applicable at some
operations.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51031
TABLE X-1.—DESCRIPTION OF INDUSTRIAL ACTIVITIES, POTENTIAL POLLUTANT SOURCES, AND ASSOCIATED
POLLUTANTS MMH
Activity
, Pollutant source
Pollutant
Plate Preparation ....
Printing
Clean up
Stencil Preparation for Screen Printing
Material Handling: Transfer, Storage, Disposal
Pnotoprocesslng,
using ink (lithography, letterpress, screen
printing, flexography), etch baths, applying
lacquer.
using ink (lithography, letterpress, screen
printing, flexography), gravure.
used plates: type, die, press blankets and roll-
ers.
lacquer stencil film, photoemulsion, blockout
(screen filler).
spills and leaks from material handling equip-
ment
spills and leaks from aboveground tanks
solvents; trash; petroleum products
developing negatives and prints
solvent, heavy metal, toxic waste ink with sol-
vents chromium, lead.
heavy metal waste (dust and sludge), ink—
sludges with chromium or lead, ink—toxic
wastes with metals, solvents.
ink—toxic wastes with metals, solvents.
solvents, photographic processing wastes.
fuel, oil, heavy metals.
fuel, oil, heavy metals, material being stored.
heavy metals, spent solvents, oil.
heavy metals, spent solvents.
«EPA, Pollution Prevention Programs, Opportunities in Printing. Philadelphia, PA. October 1990.
it University of Pittsburgh Trust, Center for Hazardous Materials Research Fact Sheet, Pollution Prevention: Strategies for the Printing Industry.
u'EPA, Resource Conservation and Recovery Act (RCRA) document, Does Your Business Produce Hazardous Waste as Many Small Busi-
nesses Do. Printing and Allied Industries, EPA/530-SW-90-027g, April 15,1990.
Based on the similarities of the printing and publishing facilities as a data include the eight pollutants that all
facilities included hi this sector in terms whole and not subdivide this sector. facilities were required to monitor for
of industrial activities and significant Therefore, Table X-2 lists data for under Form 2F, as well as the pollutants
materials, EPA believes it is appropriate selected parameters from facilities in the that EPA has determined may merit
to discuss the potential pollutants at printing and publishing sector. These further monitoring.
TABLE X-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY PRINTING AND PUBLISHING FACILITIES SUBMITTING
PART II SAMPLING DATA' (mg/L)
PoUutant
Sample type
BOD) _._...„...__....._,.„...„.„......_,..
COD ..„_ ™™_. . „..
NJtralo + Nitrite Nitrogen
ToW Kj«ktehl Nitrooen .
Oi & GrOASO H»»>.H»«.»....«»....»».»
pH „.. „ .
Total Phosphorus ...«•...».....»..».»....
Total Suspended Solids ...................
No.ofFuclH-
tlas
Grab
15
15
15
15
15
14
15
15
Comp'i
15
15
14
15
N/A
N/A
15
15
No. of Sam-
Grab
33
33
27
33
33
28
33
33
Comp
33
33
26
33
N/A
N/A
33
33
Mean
Grab
12.8
64.5
1.18
3.01
10.7
N/A
0.34
, 88
Comp
7.7
45.97
1.22
1.78
N/A
N/A
0.33
29
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
5.4
0.00
0
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0
Maximum
Grab
61.8
239.0
5.80
10.00
98.0
8.6
1.80
660
Comp
27.0
171.0
5.30
6.70
N/A
N/A
2.10
104
Median
Grab
9.0
49.0
0.73
1.50
1.0
7.0
0.16
30
Comp
6.40
40.0
0.82
0.98
N/A
N/A
0.13
26
95th Percentile
Grab
45.9
241.5
3.46
11.61
51.1
8.3
1.34
445
Comp
24.05
203.0
3.25
5.64
N/A
N/A
1.25
121
99th Percentile
Grab
94.1
492.9
6.14
25.09
149.7
8.9
3.03
1383
Comp
1.9
432.1
5.40
10.65
N/A
N/A
2.84
263
lAppBealkxis that old not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to bo 0.
aKomposlie samples.
3. Options for Controlling Pollutants
In evaluating options for controlling
pollutants in storm water discharges,
EPA must achieve compliance with the
technology-based standards of the Clean
Water Act [Best Available Technology
(BAT) and Best Conventional
Technology)]. The Agency does not
believe that it is appropriate to establish
specific numeric effluent limitations or
a specific design or performance
standard in this section for storm water
discharges associated with industrial
activity from printing and publishing
facilities to meet BAT/BCT standards of
the Clean Water Act. Instead, this
section establishes requirements for the
development and implementation of
site-specific storm water pollution
prevention plans consisting of a set of
Best Management Practices (BMPs) that
are sufficiently flexible to address
' different sources of pollutants at
different sites.
Certain BMPs are implemented to
' prevent and/or minimize exposure of
: pollutants from industrial activities to
storm water discharges. EPA believes
the most effective BMPs for reducing
• pollutants in storm water discharges are
exposure minimization practices.
; Exposure minimization practices lessen
! the potential for storm water to come
: into contact with pollutants. Good
housekeeping practices ensure that
facilities are sensitive to routine and .
nonroutine activities which may
increase pollutants in storm water
discharges. The BMPs which address
good housekeeping and exposure
minimization are easily implemented,
• inexpensive, and require little, if any,
maintenance. BMP expenses may
include construction of roofs for storage
areas or other forms of permanent cover
and the installation of berms/dikes.
Other BMPs such as detention/retention
ponds and filtering devices may be
needed at these facilities because of the
contaminant level in the storm water
discharges. The types of BMPs
implemented will depend on the type of
discharge, types and concentrations of
contaminants, and the volume of the
flow. • K
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location, geology/
hydrology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. EPA believes that
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51032
Federal Register / Vol. 60. No. 189 / Friday, September 29, 1995 / Notices
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
printing and publishing facilities.
Part 1 group application data indicate
that BMPs have not been widely
implemented at the representative
sampling facilities. Less than 10 percent
of the sampling subgroup reported that
they store some materials indoors; less
than 10 percent store hazardous wastes
under roof; and less than 5 percent
cover drums or have sealed drums.
However, 45 percent of the subgroup
utilize some type of covering; 45 percent
implement good housekeeping
practices; and over 40 percent have
training on pollution prevention.
The measures commonly used to
reduce pollutants in storm water
discharges associated with printing and
publishing facilities are generally
simple and easy to implement. Table X-
3 identifies best management practices
(BMPs) associated with different
activities that routinely occur at printing
and publishing facilities.
TABLE X-3.—GENERAL STORM WATER BMPS FOR PRINTING AND PUBLISHING
Activity
Best management practices (BMPs)
Plate Preparation
Printing
Clean up
Stencil Preparation for Screen Printing
Material Handling and Storage Areas ..
use aqueous-developed lithographic plates or wipe-on plates.
use press wipes as long as possible before discarding or laundering; dirty ones for the first
pass, clean ones for the second pass.
squeeze or centrifuge solvent out of dirty rags.
set up an in-house dirty rag cleaning operation if warranted or send'to approved industrial
laundries, if available.
dedicated press for inks with hazardous pigments/solvents.
segregate used oil from solvents or other materials.
use water-based inks in gravure and flexographic printing process.
label sinks as to proper disposal of liquids.
keep equipment in good condition.
use doctor blades and squeegees to remove as much ink as possible prior to cleaning with
solvent and rags.
control solvent use during equipment cleaning, use only what you need.
designate special areas for draining or replacing fluids.
substitute nontoxic or less toxic cleaning solvents.
recover waste solvents onsite with batch distillation if warranted or utilize professional solvent
recycle rs.
centralize liquid solvent cleaning in one location.
have refresher courses in operating and safety procedures.
recapture excess ink from silkscreen process before washing the screen to decrease amount
of ink used and cleaning emulsion used
store containerized materials (fuels, paints, inks, solvents, etc.) in a protected, secure location
and away from drains.
store reactive, ignitable, or flammable liquids in compliance with the local fire code.
identify potentially hazardous materials, their characteristics, and use.
eliminate/reduce exposure to storm water.
control excessive purchasing, storage, and handling of potentially hazardous materials.
.keep records to identify quantity, receipt date, service life, users, and disposal routessecure
and carefully monitor hazardous materials to prevent theft, vandalism, and misuse of mate-
rials.
educate personnel for proper storage, use, cleanup, and disposal of materials
maintain good integrity of all storage tanks.
inspect storage tanks to detect potential leaks and perform preventive maintenance.
provide sufficient containment for outdoor storage areas for the larger of either 10 percent of
the volume of all containers or 110 percent of the volume of the largest tank
use temporary containment where required by portable drip pans.
use spill troughs for drums with taps
train employees on proper filling and transfer procedures
nspect piping systems (pipes, pumps, flanges, couplings, hoses, valves) for failures or leaks
handle solvents in designated areas away from drains, ditches, and surface waters. Locate
designated areas preferably indoors or under a shed.
f spills occur,
stop the source of the spill immediately.
contain the liquid until cleanup is complete.
deploy oil containment booms if the spill may reach the water.
cover the spill with absorbent material.
keep the area well ventilated.
dispose of cleanup materials properly.
do not use emulsifier or dispersant.
jEPA, Pollution Prevention Programs, Opportunities in Printing. Philadelphia, PA. October 1990.
"University of Pittsburgh Trust, Center for Hazardous Materials Research Fact Sheet, Pollution Prevention-
^o^^ Business Produce H
•"NPDES Storm Water Group Applications— Part 1. Received by EPA March 18, 1991 through December 31, 1992
nesses
for the Printina
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /.Notices
51033
4. Storm Water Pollution Prevention
Plan Requirements.
EPA believes that pollution
prevention is the most effective
approach for controlling contaminated
storm water discharges from printing
and publishing facilities. The
requirements included in the pollution
prevention plan provide a flexible
framework for the development and
implementation of site-specific controls
to minimize the pollutants in storm
water discharges. This flexibility is
necessary because each facility is
unique in that the source, type, and
volume of contaminated storm water
discharge will vary from site to site.
Under today's permit, all facilities
must prepare and implement a storm
water pollution prevention plan. The
pollution prevention plan requirement
reflects EPA's decision to allow
operators of printing and publishing
facilities to utilize BMPs as the BAT/
BCT level of control for the storm water
discharges covered by this section. The
pollution prevention plan requirements
in this section are consistent with the
general requirements presented in the
front of this fact sheet, which are based
on EPA's storm water general permits
finalized on September 9,1992 (57 FR
41236), and September 25,1992 [57 FR
44438), for discharges in nonauthorized
NPDES States.
There are two major objectives to a
pollution prevention plan: 1) to identify
sources of pollution potentially affecting
the quality of storm water discharges
associated with industrial activity from
a facility; and 2) to describe and ensure
implementation of practices to
minimize and control pollutants in
storm water discharges associated with
industrial activity from a facility.
Specific requirements for a pollution
prevention plan for printing and
publishing facilities are described
below.
a. Contents of the Plan. Storm water
pollution prevention plans are intended
to aid operators of printing and
publishing facilities to evaluate all
potential prevention sources at a site,
and assist in the selection and
implementation of appropriate measures
designed to prevent, or control, the
discharge of pollutants in storm water
runoff. EPA has developed guidance
entitled Storm Water Management for
Industrial Activities: "Developing
Pollution Prevention Plans and Best
Management Practices," EPA, 1992,
(EPA 832-R-92-006) to assist
permittees in developing and
implementing pollution prevention
measures.
(1) Description of Potential Pollutant
Sources. Each storm water pollution
prevention plan must describe
activities, materials, and physical
features of the facility that may
contribute pollutants to storm water
runoff or, during periods of dry weather,
result in dry weather flows. This
assessment of potential storm water
pollutant source will support
subsequent efforts to identify and set
priorities for necessary changes in
materials, materials management
practices, or site features, as well as aid
in the selection of appropriate structural
and nonstructural control techniques.
Plans must describe the following
elements:
(a) Site Map—The plan must contain
a map of the site that shows the pattern
of storm water drainage, structural and
nonstructural features that control
pollutants in storm water runoff and
process wastewater discharges, surface
water bodies (including wetlands),
places where significant materials 10°
are exposed to rainfall and runoff, and
locations of major spills and leaks that
occurred in the 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under this permit.
The map must also indicate the
direction of storm water flow. An
outline of the drainage area for each
outfall must be provided; the location of
each outfall and monitoring points must
be indicated; and the types of discharges
contained in the drainage areas of the
outfalls (e.g., storm water and air
conditioner condensate) must be
identified. An estimation of the total site
acreage utilized for each industrial
activity (e.g., storage of raw materials,
waste materials, and used equipment)
must be provided. These areas include
liquid storage tanks, stockpiles, holding
bins, used equipment, and empty drum
storage. These areas are considered to be
significant potential sources of
pollutants at printing and publishing"
facilities.
(b) Inventory of Exposed Materials—
Facility operators are required to
carefully conduct an inspection of the
'«> Significant materials include, "* * * but [are]
not limited to: raw materials, fuels, materials such
as splvents, detergents, and plastic pellets; finished
materials such as metallic products; * * *
hazardous substances designated under section
101(14) of CERCLA; any chemical facilities are
required to report pursuant to section 313 of Title
m of SARA; fertilizers; pesticides; and waste
products such as ashes, slag, and sludge that have
the potential to be released with storm water
discharge." (40 CFR 122.26(b)(12)). Significant
materials commonly found at transportation
equipment, industrial or commercial machinery.
manufacturing facilities include raw and scrap
metals; solvents; used equipment; petroleum based
1 products; waste materials or byproducts used or
, created by the facility.
site to identify significant materials that
are or may be exposed to storm water
discharges. The inventory must address
materials that within 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit have been handled, stored,
processed, treated, or disposed of in a
manner to allow exposure to storm
water. Findings of the inventory must be
documented in detail in the pollution
prevention plan. At a minimum, the
plan must describe the method and
location of onsite storage or disposal;
practices used to minimize contact of
materials with precipitation and runoff;
existing structural and nonstructural
controls that reduce pollutants in storm
water; existing structural controls that
limit process wastewater discharges;
and any treatment the runoff receives
before it is discharged to surface waters
or through a separate storm sewer
system. The description must be
updated whenever there is a significant
change in the type or amounts of,
materials, or material management
practices, that may affect the exposure
of materials to storm water.
(c) Significant Spills and Leaks—The
plan must include a list of any
significant spills and leaks of toxic or
hazardous pollutants that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit.
Significant spills include, but are not
limited to, releases of oil or hazardous
substances in excess of reportable
quantities under Section 311 of CWA
(see 40 CFR 110.10 and 117.21) or
Section 102 of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) (see 40 CFR
302.4). Significant spills may also
include releases of oil or hazardous
substances that are not in excess of
reporting requirements and releases of
materials that are not classified as oil or
a hazardous substance.
(d) Non-storm Water Discharges—
Each pollution prevention plan must
include a certification, signed by an
authorized individual, that discharges
from the site have been tested or
evaluated for the presence of non-storm
water, the results of any test and/or
evaluation conducted to detect such
discharges, the test method or
evaluation criteria used, the dates on
which tests or evaluations were
performed, and the onsite drainage
points directly observed during the test
or evaluation. Pollution prevention
plans must identify and ensure the
implementation of appropriate pollution
prevention measures for any non-storm
water discharges. • • •>•-.'.
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51034
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
(e) Sampling Data—Any existing data
describing the quality or quantity of
storm water discharges from the facility
must be summarized in the plan. The
description should include a discussion
of the methods used to collect and
analyze the data. Sample collection
points should be identified in the plan
and shown on the site map.
(fl Summary of Potential Pollutant
Sources—The description of potential
pollutant sources should clearly point to
activities, materials, and physical
features of the facility that have a
reasonable potential to contribute
significant amounts of pollutants to
storm water. Any such activities,
materials, or features must be addressed
by the measures and controls
subsequently described in the plan. In
conducting the assessment, the facility
operator must consider the following
activities: raw materials (liquid storage
tanks, stockpiles, holding bins), waste
materials (empty drum storage), and
used equipment storage areas. The
assessment must list any significant
pollutant parameter(s) (i.e., total
suspended solids, oil and grease, etc.)
associated with each source.
(2) Measures and Controls. Permittees
must select, describe, and evaluate the
pollution prevention measures, BMPs,
and other controls that will be
implemented at the facility. Source
reduction measures include preventive
maintenance, spill prevention, good
housekeeping, training, and proper
materials management. If source
reduction is not an option, EPA-
supports the use of source control
measures. These include BMPs such as
material covering, water diversion, and
dust control. If source reduction or
source control are not available, then
recycling or waste treatment are other
alternatives. Recycling allows the reuse
of storm water, while treatment lowers
pollutant concentrations prior to
discharge. Since the majority of printing
and publishing activities occur indoors,
the BMPs identified above are geared
towards only those activities that occur
outdoors or that otherwise have a
potential to contribute pollutants to
storm water discharges.
Pollution prevention plans must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each of the potential
pollutant sources will be addressed.
Plans must identify the time during
which controls or practices will be
implemented, as well the effect the
controls or practices will have on storm
water discharges from the site. At a •
minimum, the measures and controls •
must address the following components:
(a) Good Housekeeping—Permittees
must describe protocols established to
reduce the possibility of mishandling
chemicals or equipment and training
employees in good housekeeping
techniques. Specifics of this plan must
be communicated to appropriate plant
personnel.
(b) Preventive Maintenance—
Permittees are required to develop a
preventive maintenance program that
includes regular inspections and
maintenance of storm water BMPs.
Inspections should assess the
effectiveness of the storm water
pollution prevention plan. They allow
facility personnel to monitor the
components of the plan on a regular
basis. The use of a checklist is
encouraged, as it will ensure that all of
the appropriate areas are inspected and
provide documentation for
recordkeeping purposes.
(c) Spill Prevention and Response
Procedures—Permittees are required to
identify proper material handling
procedures, storage requirements,
containment or diversion equipment,
and spill removal procedures to reduce
exposure of spills to storm water
discharges. Areas and activities which
are high risks for spills at printing and
publishing facilities include raw
material unloading and product loading
areas, material storage areas, and waste
management areas. These activities and
areas and their drainage points must be
described in the plan.
(d) Inspections—Qualified personnel
must inspect designated equipment and
areas of the facility at the proper
intervals specified in the plan. The plan
should identify areas which have the
potential to pollute storm water for
periodic inspections. Records of
inspections must be maintained onsite.
(e). Employee Training—Permittees
must describe a program for informing
and educating personnel at all levels of
responsibility of the components and
goals of the storm water pollution
prevention plan, A schedule for
conducting this training should be
provided in the plan. Where
appropriate, contractor personnel must
also be trained in relevant aspects of
storm water pollution prevention.
Topics for employee training should
include good housekeeping, materials
management, and spill response
procedures. EPA recommends that
facilities conduct training annually at a
minimum. However, more frequent
training may be necessary at facilities
with high turnover of employees or ,
where employee participation is
essential to the storm water pollution
prevention plan. • • ' "
(f) Recordkeeping and Internal
Reporting Procedures—Permittees must
describe procedures for developing and
retaining records on the status and
effectiveness of plan implementation.
This includes the success and failure of
BMPs implemented at the facility.
(g) Sediment and Erosion Control—
Permittees must identify areas, due to
topography, activities, soils, cover
materials, or other factors that have a
high potential for soil erosion. Measures
to eliminate erosion must be identified
in the plan.
(h) Management of Runoff—
Permittees must provide an assessment
of traditional storm water management
practices that divert, infiltrate, reuse, or
otherwise manage storm water so as to
reduce the discharge of pollutants.
Based on this assessment, practices to
control runoff from these areas must be
identified and implemented as required
by the plan.
(3) Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluations that qualified personnel will
conduct to: (1) Confirm the accuracy of
the description of potential sources
contained in the plan, (2) determine the
effectiveness of the plan, and (3) assess
compliance with the terms and
conditions of this section.
Comprehensive site compliance
evaluations must be conducted once a
year for printing and publishing
facilities. The individual(s) who will
conduct the evaluations must be
identified in the plan and should be
members of the pollution prevention
team. Evaluation reports must be
retained for at least 3 years after the date
of the evaluation.
Based on the results of each
evaluation, the description of potential
pollution sources, and measures and
controls, the plan must be revised as
appropriate within 2 weeks after each
evaluation. Changes in the measures
and controls must be implemented on
the site in a timely manner, never more
than 12 weeks after completion of the
evaluation.
5. Monitoring and Reporting
Requirements
a. Monitoring Requirements. The
regulatory modifications at 40 CFR
122.44 (i)(2) established on April 2,
1992, grant permit writers the flexibility
to reduce monitoring requirements in
storm water discharge permits. EPA has
determined that the potential for storm
water discharges to contain pollutants
above benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51035
support sampling at printing and
publishing facilities. Under the Storm
Water Regulations at 40 CFR
122.26(b)(14), EPA defined "storm water
discharge associated with industrial
activity". The focus of today's permit is
to address the presence of pollutants
that are associated with the industrial
activities identified in this definition
and that might he found in storm water
discharges. Under the methodology for
determining analytical monitoring
requirements, described in section
VLE.l of this fact sheet, nitrate plus
nitrite nitrogen is above the bench mark
concentrations for the printing and
publishing sector. After a review of the
nature of industrial activities and the
significant materials exposed to storm
water described by facilities in this
sector, EPA has determined that the
higher concentrations of nitrate plus
nitrite nitrogen are not likely to be
caused by the industrial activity, but
maybe primarily due to non-industrial
activities on-site. Today's permit does
not require printing and publishing
facilities to conduct analytical
monitoring for this parameter. Based on
a consideration of the BMPs typically
used at these facilities, and generally
low pollutant values from the
application data, EPA believes that the
pollution prevention plan with visual
examinations of storm water discharges
will help to ensure storm water
contamination is minimized. Because
permittees are not required to conduct
sampling, they will be able to focus
their resources on developing and
implementing the pollution prevention
plan.
Quarterly visual examinations of a
storm water discharge from each outfall
are required. The inspection must be of
a grab sample collected from each storm
water outfall. The examination of storm
water grab samples shall include any
observations of color, odor, turbidity,
floating solids, foam, oil sheen, or other
obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on these samples.
The examination must be made at
least once in each designated period
during daylight hours unless there is
insufficient rainfall or snow-melt to
runoff. Where practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Examinations
shall be conducted in each of the
following periods for the purposes of
Inspecting storm water quality
associated with storm water runoff and
snow melt: January through March;
April through June; July through
September; October through December.
Grab samples shall be collected within
the first 30 minutes (or as soon
thereafter as practical, but not to exceed
1 hour) of when the runoff begins
discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick'and
simple assessment will help permittees
to determine the effectiveness of their
.plan on a regular basis at very little cost.
Although the visual examination cannot
assess the chemical properties of the
storm water discharged from the site,
,the examination will provide
'meaningful results upon which the
facility may act quickly. The frequency
of this visual examination will also
allow for timely adjustments to be made
to the plan. If BMPs axe performing
ineffectively, corrective action must be
implemented. A set of tracking or
follow-up procedures must be used to
'ensure that appropriate actions are
^ taken in response to the examinations.
The visual examination is intended to
be performed by members of the
pollution prevention team. This hands-
on examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
When a discharger is unable tc collect
samples over the course of the visual
'examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
.examination and retain this
documentation onsite with the records
, of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
As discussed above, EPA does not
believe that chemical monitoring is
necessary for printing and publishing
facilities. EPA believes that between
quarterly visual examinations and site
compliance evaluations potential
sources of contaminants can be
recognized, addressed, and then
controlled with BMPs. In determining
the monitoring requirements, EPA
considered the nature of the industrial
activities and significant materials
exposed at these sites, and performed a
review of data provided in Part 2 group
applications.
Y. Storm Water Discharges Associated
With Industrial Activity From Rubber,
Miscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries
1. Discharges Covered Under This
Section
This section covers storm water
discharges associated with industrial
activity from rubber and miscellaneous
plastic products facilities (commonly
identified by Standard Industrial
Classification (SIC) major group 30) and
miscellaneous manufacturing
industries, except jewelry, silverware,
and plateware (commonly identified by
SIC major group 39, except 391).
Rubber and miscellaneous plastic
products manufacturing facilities
specifically include manufacturers of
tires and inner tubes, rubber and plastic
footwear, rubber and plastic hose and
belting, gaskets, packing and sealing
devices, and miscellaneous fabricated
rubber products. This group also
includes miscellaneous plastic products
such as unsupported plastic film, sheet,
rods and tubes, laminated plastic plate,
sheet and profile shapes, plastic pipe
and bottles, plastic foam products such
as cups, ice chests and packaging
materials, plastic plumbing fixtures, and
miscellaneous plastic products.
Miscellaneous manufacturing
industries specifically include
manufacturers of musical instruments,
games, toys and athletic goods, pens,
pencils and artists' supplies, buttons,
pins and needles, and a wide variety of
products not classified elsewhere.
The SIC codes of the facilities covered
by this section are in category (xi) of the
definition of storm water discharges
associated with industrial activity.
Storm water discharges from facilities in
this category are only regulated where
precipitation and storm water runon
come into contact with areas associated
with industrial activities, and
significant materials. Significant
materials include, but are not limited to,
raw materials, waste products, fuels,:
finished products, intermediate
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
products, by-products, and other .
materials associated with industrial
activities.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Pollutants Found in Storm Water
Discharges
a. Sources of Pollutants. As discussed
above, the SICs of the facilities in this
sector fall into category (xi) of the
definition of "storm water associated
with industrial activity" found at 40
Code of Federal Regulations (CFR)
122.26(b)(14). As noted in the preamble
to the final storm water regulations of
November 16,1990, most of the actual
manufacturing and processing activity
at these types of facilities normally
occurs indoors (55 FR 48008).
Additional information concerning
these manufacturing processes and the
industrial sector itself can be found in
the following documents: "Development
Document for Effluent Limitations
Guidelines and New Source
Performance Standards for the Tire and
Synthetic Rubber Processing Point
Source Category," EPA 440/l-74-013a;
"Development Document for Effluent
Limitations Guidelines and New Source
Performance Standards for the .__
Fabricated and Reclaimed Rubber
Segment of the Rubber Processing Point
Source Category," EPA 440/l-74/030a;
and ."Development Document and
Effluent Limitations Guidelines and
Standards for the Plastics Molding and
Forming Point Source Category," EPA
440/1-84/069.
The types of activities at these
facilities where exposure to storm water
may occur consist primarily of loading/
unloading activities, and the storage and
handling of raw materials, by-products,
final products or waste products. A
wide variety of materials are used at the
facilities including solvents, acids and
caustic, carbon black, plasticizers, paint,
processing oils, resins, rubber
compounds and solutions, fuels such as
diesel or gasoline, adhesives, zinc and
miscellaneous chemicals. However, it
should also be noted that this is a
cumulative list gathered from all the
types of facilities in this sector and that
individual facilities do not necessarily
use all the materials on the list. Tanks,
drums or bags of these materials may be
exposed to storm water during loading/
unloading operations, or through
outdoor storage or handling at some
facilities.
Other items which may be exposed to
storm water include surplus processing
machinery, scrap metal, scrap plastic
and rubber, plastic pellets, PVC pipe
and rags. Table Y—1 lists potential
pollutant sources from activities that
commonly take place at rubber,
miscellaneous plastic products, and
miscellaneous manufacturing
industries.
TABLE Y-1 .—COMMON POLLUTANT SOURCES
Activity
Outdoor Material Loading/Unloading
Outdoor Material and Equipment Storage
Pollutant source
handling equipment, solvents, resins.
Solvents, acids and caustic plasticizers
paint, lubricating oils, processing oils, res-
ins, rubber compounds, mineral spirits, zinc,
scrap metal, scrap plastic and rubber, plas-
tic pellets, PVC pipe, and rags.
Pollutants
Organics zinc hydrocarbons oil and grease
acids, alkalinity.
Based on the wide variety of industrial activities and significant materials at the facilities included in this sector,
EPA believes it is appropriate to divide the rubber and plastic product and miscellaneous manufacturing industry into
subsectors to properly analyze sampling data and determine monitoring requirements. As a result, this sector has been
divided into the following subsectors: rubber and miscellaneous plastic products manufacturing and miscellaneous manu-
facturing. Tables Y-2 and Y-3 below include data for the eight pollutants that all facilities were required to monitor
for under Form 2F. The tables also list those parameters that EPA has determined merit further monitoring.
TABLE Y-2.—Statistics for Selected Pollutants Reported by Tires and Inner Tubes, Rubber and Plastics Footwear,
. Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting, Fabricated Rubber Prod-
ucts, Not Elsewhere Classified Manufacturing Facilities Submitting Part II Sampling Data' (mg/L)
Pollutant
Samples type
BODS
COD .
Nitrate + Nitrite Nitrogen
Total Kjeldahl Nitrogen .
pH
Total Phosphorus
Total Suspended Solids
Zinc, Total
No. of Facili-
ties
Grab
18
18
18
18
18
17
18
18
15
Comp"
17
17
17
17
N/A
N/A
17
17
15
No. of Sam-
ple
Grab
32
32
32
32
32
30
32
32
28
Comp
31
31
31
31
N/A
N/A
31
31
28
Mean
Grab
14.7
105.2
0.72
1.98
5.3
N/A
0.35
185
1.103
Comp
14.47
77.7
1.69
1.44
N/A'
N/A
0.51
129
0.904
Minimum
Grab
0.0
13.0
0.04
0.37
0.0
4,8
0.00
0
0.027
Comp
0.0
0.0
0.05
0.0
N/A
N/A .
6.0
o.o .-
0.011
Maximum
Grab
160.0
812.0
2.49
8.55'
76.0
9.2
1.65
1420
7.600
Comp
144.0
321.0
32.0
6.48
N/A
N/A
8.65
760
. 7.490
Median
Grab
6.4
52.0
0.58
1.38
1.5 •
7.0
0.22
63
0.21
Comp
7.90
63.0
0.65
1.11
N/A
N/A
0.17
44 '
0.25
95th Percentile
Grab
43.0
271.5
2.61
5.55
16.5
8.7
1.17
-783 .
4.617
Comp
43.18
335.7
4.12
4.07
N/A
N/A '
1.38
584 .
4.179
99th Percentile
Grab
86.1
499.0
- 5.30
9.87
37.5
9.5
2.31
2143
14.012
Comp
86.3
737.6
9.63
.7.20
N/A
N/A
3.19
1585
12.660
'Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0. - • •
"Compositesamples. . . . ... ., \ . '': . .,.; .-'"...• ; :v ,.,-;.,;..: ". ... '
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51037
TABLE Y-3.—Statistics for Selected Pollutants Reported by Miscellaneous Plastics Products, Musical Instruments,
Dolls, Toys, Games, and Sporting and Athletic Goods, Pens, Pencils, and Other Artists' Materials, Costume
Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal, and Miscellaneous
Manufacturing Facilities Submitting Part II Sampling Data' (mg/L)
Polkrtanl
Saroptostypo
BOO» -._...
COD
NMa + N*to Nitrogen
Total Kjekiahl Nitroflon
pH ™*». - .
Total Phosphorus »..«»«.«..»*
Total Suspended SoBefc
No. of Facilities
Grab
35
35
35
34
38
32
35
35
Comp1'
36
35
34
33
N/A
N/A
34
35
No. of Sample
Grab
56
56
56
55
60
54
55
56
Comp
58
56
55
,54
N/A
N/A
'54
56
Mean
Grab
13.3
100.6
1.01
2.16
3.9
N/A
0.33
202
Comp
9.37
69.0
1.02
1.58
N/A
N/A
0.24
116
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
2.6
0.00
0
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0
Maximum
Grab
71.0
600.0
5.23
11.00
91.0
10.1
2.90
2008
Comp
70.0
640.0
7.40
6.54
N/A
N/A
1.25
2100
Median
Grab
8.1
57.0
0.75
1.40
0.0
7.3
0.18
34
Comp
7.0
36.5
0.62
1.20
N/A
N/A
0.15
25
95th Percentile
Grab
41.8
789.2
5.49
12.46
15.4
9.6
1.90
1777
Comp
28.8
201.2
3.21
5.22
N/A
N/A
0.72
433
99th Percentile
Grab
77.1
2377.6
13.98
31.95
35.5
10.9
5.35
8369
Comp
51.5
380.8
6.25
10.02
N/A
N/A
1.31
1235
*s$om«dtobaO.
"Composi'.o sirnpios.
3. Options for Controlling Pollutants
In evaluating options for controlling
pollutants in storm water discharges,
EPA must achieve compliance with the
technology-based standards of the Clean
Water Act [Best Available Technology
(BAT) and Best Conventional
Technology)]. The Agency does not
believe that it is appropriate to establish
specific numeric effluent limitations or
a specific design or performance
standard in this section for storm water
discharges associated with industrial
activity from rubber, miscellaneous
plastic products and miscellaneous
manufacturing industries to meet BAT/
BCT standards of the Clean Water Act.
Instead, this section establishes
requirements for the development and
implementation of site-specific storm
water pollution prevention plans
consisting of a set of Best Management
Practices (BMPs) that are sufficiently
flexible to address different sources of
pollutants at different sites.
Certain BMPs are implemented to
prevent and/or minimize exposure of
pollutants from industrial activities to
storm water discharges. EPA believes
the most effective BMPs for reducing
pollutants in storm water discharges are
'exposure minimization practices.
Exposure minimization practices lessen
the potential for storm water to come
into contact with pollutants. Good
housekeeping practices ensure that
facilities are sensitive to routine and
nonroutine activities which may
increase pollutants in storm water
discharges. The BMPs which address
good housekeeping and exposure
minimization are easily implemented,
, inexpensive, and require little, if any,
maintenance. BMP expenses may
include construction of roofs for storage
areas or other forms of permanent cover
and the installation of berms/dikes.
Other BMPs such as detention/retention
ponds and filtering devices may be
needed at these facilities because of the
contaminant level in the storm water
discharges. The types of BMPs
implemented will depend on the type of
discharge, types and concentrations of
contaminants, and the volume of the
flow.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location, geology/
hydrology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. EPA believes that
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
rubber, miscellaneous plastic products
and miscellaneous manufacturing
industries.
Part 1 group application data
indicated that the most widely
implemented BMP, used by
approximately 36 percent of the
sampling facilities, is dikes. Less than
10 percent of the sampling subgroup
reported that they cover their storage or
loading areas; approximately 12 percent
have roofs over their raw materials; and
less than 5 percent store raw materials
indoors. Because BMPs described in
part 1 data are limited, the Table Y-4 is
provided to identify BMPs associated
with activities that routinely occur at
rubber, miscellaneous plastic products
and miscellaneous manufacturing
industries.
TABLE Y-4.—GENERAL STORM WATER BMPs FOR RUBBER, MISCELLANEOUS PLASTIC PRODUCTS, AND MISCELLANEOUS .
MANUFACTURING INDUSTRIES
Activity
Best management practices (BMPs)
Outdoor Unloading and Loading
Outdoor Material Storage (including waste, and
particutate emission management).
Confine loading/unloading activities to a designated area.
Consider performing loading/unloading activities indoors or in a covered area.
Consider covering loading/unloading area with permanent cover (e.g., roofs) or temporary
cover (e.g., tarps).
Close storm drains during loading/unloading activities in surrounding areas.
Avoid loading/unloading materials in the rain.
Inspect the unloading/loading areas to detect problems before they occur.
Inspect all containers prior to loading/unloading of any raw or spent materials.
Consider berming, curbing, or diking loading/unloading areas.
Dead-end sump where spilled materials could be directed.
Drip pans under hoses.
Use dry clean-up methods instead of washing the areas down.
Train employees on proper loading/unloading techniques and spill prevention and response.
Confine storage of materials, parts, and equipment to designated areas.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE Y-4.—GENERAL STORM WATER BMPs FOR RUBBER, MISCELLANEOUS PLASTIC PRODUCTS^ AND MISCELLANEOUS
MANUFACTURING INDUSTRIES—Continued
Activity
, Best management practices (BMPs)
Consider secondary containment using curbing, berming, or diking, all liquid storage areas.
Train employees on proper waste control and disposal.
Train employees in spill prevention and response.
Consider covering tanks. ' .- ,
Ensure that all containers are closed (e.g., valves shut, lids sealed, caps closed).
Wash and rinse containers indoors before storing them outdoors.
If outside or in covered areas, minimize runon of storm water by grading the land to divert flow
away from containers.
Leak detection and container integrity testing.
Direct runoff to onsite retention pond.
Inventory all raw and spent materials. ' • - •
Clean around vents and stacks. .'• •
Place tubs around vents and stacks to collect paniculate.
Inspect air emission control systems (e.g., baghouses) regularly, and repair or replace when
necessary. ' -•'-.•
Store wastes in covered, leak proof containers (e.g., dumpsters, drums).
Consider shipping all wastes to offsite landfills or treatment facilities.
Ensure hazardous waste disposal practices are performed in accordance with Federal, State,
and local requirements.
Sources: NPDES Storm Water Group Applications—Part 1. Received by EPA, March 18,1991, through December 31,1992.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-006.
There are three major types of facilities in this sector: (1) Rubber products manufacturers, (2) manufacturers of
miscellaneous plastic products, and (3) miscellaneous industries. In discussions with the rubber industry, the BMPs
found in Table Y-5 were identified for rubber manufacturing to control discharges of zinc which was the most frequently
reported toxic pollutant in the storm water sampling data: ' . . '
TABLE Y-5.—BMPs FOR THE CONTROL OF ZINC AT RUBBER PRODUCTS MANUFACTURERS
Zinc source
Poor housekeeping, bags of zinc stored outside, zinc spilled from
trucks during unloading, spillage during emptying for plant use.
Zinc containers, rubber products, rags contaminated with zinc stearate
discarded in outdoor dumpsters.
Malfunctioning baghouses for dust collection
Grinding operations from which zinc dust may be released
Drips of zinc stearate during coating operations
BMPs
Employee training, spill cleanup, indoor. storage, use of special large
volume sacks with less potential for releases of zinc.
Cover the dumpsters, use linked dumpsters which do not leak or move
dumpster inside.
Repair or replace the baghouse regular maintenance "
Use dust collection system or reduce the amount of dust generated "
Spill prevention/response use of alternate compounds
4. Special Conditions
There are no additional requirements
under this section other than those
stated in Part III. of the permit.
5. Storm Water Pollution Prevention
Plan Requirements
EPA believes that pollution
prevention is the most effective
approach for controlling contaminated
storm water discharges from rubber,
miscellaneous plastic products, and
miscellaneous manufacturing
industries. The requirements included
in the pollution prevention plans
provide a flexible framework for the
development and implementation of
site-specific controls to minimize the
pollutants in storm water discharges.
This flexibility is necessary because
each facility is unique in that the
source, type, and volume of
contaminated storm water discharge
will vary from site to site.
Under today's permit, all facilities
must prepare and implement a storm
water pollution prevention plan. The
pollution prevention plan requirement
reflects EPA's decision to allow
operators of rubber, miscellaneous
, plastic products, and miscellaneous
manufacturing industries to utilize
BMPs as the BAT/BCT level of control
for the storm water discharges covered
by this section.
. There are two major objectives to a
pollution prevention plan: (1) To
identify sources of pollution potentially
affecting the quality of storm water
discharges associated with industrial
activity from a facility; and (2) to
describe and ensure implementation of
practices to minimize and control
pollutants in storm water discharges
associated with industrial activity from
a facility.
Section 313 of EPCRA requires
operators of manufacturing facilities
that handle toxic chemicals in amounts
exceeding threshold levels (listed at 40
CFR 372:25) to report to EPA on an
annual basis. Because these types of
facilities handle large amounts of toxic
chemicals, EPA concluded that they
have the increased potential to degrade
the water quality of receiving streams.
Consistent with Part VILE, of this
permit, Section 313 reporting facilities
must fulfill specific requirements.
Except for the special controls
discussed below for rubber products ,
manufacturers, there are no additional
Pollution Prevention Plan requirements
other than those stated in Part IV of this
permit.
a. Special Measures and Controls for
Rubber Manufacturing Facilities. For
rubber manufacturers, this section also
requires permittees to develop specific
BMPs to control discharges of zinc in
storm water runoff. The principal
sources of zinc in storm water runoff at
these facilities were identified above in
Section 3. EPA believes that sources of
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51039
zinc merit special attention at rubber
products manufacturing facilities due to
its prevalence at such facilities and its
toxicity in aquatic systems. This section
requires that rubber products
manufacturers review the possible
sources of zinc listed below at their
facilities and include as appropriate the
accompanying BMPs in their storm
water pollution prevention plans:
(1) Inadequate Housekeeping.
Permittees are required to review the
handling and storage of zinc bags at
their facilities. The following BMPs
must be considered in developing the
storm water pollution prevention plan:
employee training regarding the
handling and emptying of zinc bags,
indoor storage of zinc bags, thorough
cleanup of zinc spills without washing
the zinc into a storm drain. Facilities
must also consider the use of 2,500
pound sacks (from which spills are less
likely) rather than 50 to 100 pound
sacks.
(2) Zinc in Dumpsters. The following
BMPs must be considered to reduce this
potential source of zinc: provide a cover
for the dumpster or move the dumpster
inside; provide a lining for the
dumpster.
(3) Malfunctioning Dust Collectors or
Doghouses. Permittees must review dust
collectors and baghouses as possible
sources of zinc. Improperly operating
dust collectors or baghouses must be
replaced or repaired as appropriate; the
plan must also provide for regular
maintenance of these facilities.
(4) Grinding Operations. Permittees
must review dust generation from
rubber grinding operations at their
facility and as appropriate, install a dust
collection system.
(5) Zinc Stearate Coating Operations.
The plan must include measures to
prevent and/or clean up drips or spills
of zinc stearate slurry which may be
released to a storm drain. Alternate
compounds to zinc stearate must also be
considered.
6. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B of today's permit.
7. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. EPA believes that rubber
product manufacturing facilities may
reduce the level of pollutants in storm
water runoff from their sites through the
development and proper
implementation of the storm water
pollution prevention plan requirements
discussed in today's permit. Under the
revised methodology for determining
pollutants of concern for the various
industrial sectors, the rubber product
manufacturing subsector must monitor
its storm water discharges. The
monitoring requirements are presented
in Table Y-6. The pollutant listed in
Table Y-6 was found to be above the
benchmark level. Because this pollutant
has been reported at benchmark levels
from rubber product manufacturing
facilities, EPA is requiring monitoring
after the pollution prevention plan has
been implemented to assess the
effectiveness of the pollution prevention
plan and to help ensure that a reduction
of pollutants is realized.
At a minimum, storm water
discharges from rubber product
manufacturing facilities must be
monitored quarterly during the second
year of permit coverage. Samples must
TABLE Y-7.—SCHEDULE OF MONITORING
be collected at least once in each of the
following periods: January through
March; April through June; July through
September; and October through
December. At the end of the second year
of permit coverage, a facility must
calculate the average concentration for
each parameter listed in Table Y-6. If
the permittee collects more than four
samples in this period, then it must
calculate an average concentration for
each pollutant of concern for all
samples analyzed.
TABLE Y-6
Pollutants of concern
Total Recoverable Zinc
Cut-off con-
centration
0.117mg/L
If the average concentration for a
parameter is less than or equal to the
cut-off concentration, then the permittee
is not required to conduct quantitative
analysis for that parameter during the
fourth year of the permit. If, however,
the average concentration for a
parameter is greater than the cut-off
concentration, then the permittee is
required to conduct quarterly
monitoring for that parameter during the
fourth year of permit coverage.
Monitoring is not required during the
first, third, and fifth year of the permit.
The exclusion from monitoring in the
fourth year of the permit is conditional
on the facility maintaining industrial
operations and BMPs that will ensure a
quality of storm water discharges
consistent with the average
concentrations recorded during the
second year of the permit. The schedule
for monitoring is presented in Table Y-
7.
2nd Year of Permit Coverage,
4th Year of Permit Coverage .
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration is greater than the value listed in Table Y-6, then quarterly sampling
is required during the fourth year of the permit.
If average concentration is less than or equal to the value listed in Table Y-6, then no further
sampling is.required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2 of
the permit is greater than the value listed in Table Y-6. >
If industrial activities or the pollution prevention plan have been altered such that storm water
discharges may be adversely affected, quarterly monitoring is required for all parameters of |
concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will be used to
reassess the effectiveness of the adjusted
pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
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51040
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
water discharges. The alternative
certification described below is
necessary to ensure that monitoring
requirements are only imposed on those
facilities that do, in fact, have storm
water discharges containing pollutants
at concentrations of concern. EPA has
determined that if materials and
activities are not exposed to storm water
at the site, then the potential for
pollutants to contaminate storm water
discharges does not warrant monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part, provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis, in lieu of
monitoring described in Table Y-6,
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,
and 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 lieu of monitoring reports required
under paragraph (c.) below. The
permittee is required to complete any
and all sampling until the exposure is
eliminated. If the facility is reporting for
a partial year, the permittee must
specify the date exposure was
eliminated. If the permittee is certifying
that a pollutant was present for part of
the reporting period, nothing relieves
the permittee from the responsibility to
sample that parameter up until the
exposure was eliminated and it was
determined that no significant materials
remained. This certification option is
not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
c. Reporting Requirements, Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year.
For each outfall, one signed Discharge
Monitoring Report Form must be
submitted to the Director per storm
event sampled. For facilities conducting
monitoring beyond the minimum
requirements, an additional signed
Discharge Monitoring Report Form must
be filed for each analysis. The permittee
must include a measurement or estimate
of the total precipitation, volume of
runoff, and peak flow rate of runoff for
each storm event sampled.
d. Sample Type. All 'discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 3 0
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or nonprocess water, then
where practicable, permittees must
attempt to sample the storm water
discharge before it mixes with the non-
Storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluent. 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.
/. Quarterly Visual Examination of
Storm Water Quality. Rubber,
miscellaneous plastic products, and '
miscellaneous manufacturing facilities
shall perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted under paragraph (3) below.
The examination's) must be made at
least once in each of the following 3-
month periods: January through March,
April through June, July through
September, and October through
December. The examination shall be
made during daylight hours unless there
is insufficient rainfall or snow melt to
produce a runoff event
(2) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids, . ,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well-lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm Water
pollution prevention plan a description
of the location of the outfalls and
explains in detail why the outfalls are
expected to discharge substantially
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51041
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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
(5) EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged,
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
Z. Storm Water Discharges Associated
With Industrial Activity From Leather
Tanning and Finishing Facilities
1. Discharges Covered Under This
.Section
Storm water discharges covered by
this section include all discharges from
leather tanning (commonly identified by
Standard Industrial Classification (SIC)
.code 3111) and facilities which make
fertilizer solely from leather scraps and
leather dust where precipitation and
storm water runon come into contact
with significant materials including, but
not limited to, raw materials, waste
products, by-products, stored materials,
and fuels. This includes storm water
discharges from access roads, and rail
lines used or traveled by carriers of raw
materials, manufactured products, waste
materials, or by-products created by the
facility. This section does not cover any
discharge subject to process wastewater
effluent limitation guidelines, including
storm water that combines with process
wastewater.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
: prevention plan requirements of the
1 other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
a. Industry Profile. The storm water
^ permit application regulations define
storm water discharge associated with
industrial activity at 40 Code of Federal
Regulations (CFR) 122.26(b)(14).
Category (ii) of this definition includes
facilities identified by SIC code 3111,
establishments primarily engaged in
tanning, currying, and finishing hides
and skins into leather. Most tanneries
are small family operations, although
several are divisions of larger
corporations. The leather tanning and
finishing industry currently includes
approximately one hundred fifty
facilities. There are effluent limitations
guidelines for the leather tanning
industry based on 9 subcategories, as
, described in the "Development
Document for Effluent Limitations
Guidelines and Standards for Leather
Tanning and Finishing Point Source
Category." (The subcategories Were
based on distinct combinations of raw
materials and leather processing
operations.)
Leather tanning or finishing is the
conversion of animal hides or skins into
leather. Leather is made from the inner
layer of the animal skin, which consists
primarily of the protein collagen.
Tanning is the reaction of the collagen
fibers with tannins, chromium, alum or
other tanning agents. Tanning processes
use chromium HI, sulfuric acid and
detergents and a variety of raw and
intermediate materials.
There are three major processes
required to make finished leather. These
are beamhouse operations, tanyard
processes and retanning and finishing
processes. In general, most tanneries
perform the entire tanning process, from
beamhouse to wet finishing operations.
A smaller number perform only
beamhouse and tanyard operations and
sell their unfinished product (wet
"blue" stock) to other tanneries. These .
processes are described below:
Beamhouse Operations—These
consist of four activities: side and trim;
soak and wash; fleshing and unhairing.
Side and trim is the cutting of the hide
into two sides and trimming of areas
which do not produce good leather. In
soak and wash processes, the hides are
soaked in water to restore moisture lost
during curing. Washing removes dirt,
salt, blood, manure, and nonfib'rous
proteins. Fleshing is a mechanical
operation which removes excess flesh.
The removed matter is normally
recovered and sold for conversion to
glue. Unhairing involves using calcium
hydroxide, sodium sulfhydrate, and
sodium sulfide to destroy the hair (hair
pulp process) or remove hair roots. A
mechanical unhairing machine can also
be used to remove hair loosened by
chemicals (hair save process).
Beamhouse processes can account for
approximately 60 percent of the
pollutant load (except trivalent
chromium) from a complete tannery.
Pollutants that may be produced are
proteinaceous organic and inorganic
pollutants characterized by a high pH
(10-12) and substantial amounts of
Biochemical Oxygen Demand (BOD),
Chemical Oxygen Demand (COD), Total
Suspended Solids (TSS), Total Kjeldahl
Nitrogen (TKN), and sulfides.
Tanyard Processes—These consist of
bating, pickling, tanning, wringing,
splitting, and shaving. Bating involves
the addition of salts of ammonium
sulfate or ammonium chloride used to
. convert the residual alkaline chemicals
present from the unhairing process into
soluble compounds which can be '
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51O42
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
washed from the hides or skins.
"Pickling" the hide with sulfuric acid
provides the acid environment
necessary for chromium tanning. In the
tanning process, tanning agents such as
trivalent chromium and vegetable
tannins convert the hide into a stable
product which resists decomposition.
Wringing of the "blue hides" (hides
tanned with trivalent chromium)
removes excess moisture with a
machine similar to a clothes wringer.
Splitting adjusts the thickness of the
tanned hide to the requirements of the
finished product and produces a "split"
from the flesh side of the hide. The hide
is then shaved to remove any remaining
fleshy matter. Wastewater from tanyard
operations contain inorganic chemical
salts, small amounts of proteinaceous
hair and waste, and large amounts of
ammonia from the bating process.
Pickling generates a highly acidic waste
(pH of 2.5-3.5) which contains salt.
Spent chromium liquors contain high
concentrations of trivalent chromium in
acid solution with low concentrations of
BOD and TSS. Vegetable tanning vat
discharges are highly colored, and
contain significant amounts of BOD,
COD, and dissolved solids.
Retanning and Wet Finishing
Processes—These include retanning,
bleaching, coloring, fatliquoring, and
finishing. The most common retanning
agents are chromium, vegetable extracts
and syntans (based upon naphthalene
and phenol). Sodium bicarbonate and
sulfuric acid are sometimes used to
bleach leather. Coloring involves the use
of dyes (usually aniline based) on the
tanned skin. Animal or vegetable
fatliquors are added to replace the
natural oils lost in the beamhouse and
tanyard processes. Finishing includes
all operations performed on the hide
after fatliquoring, and includes finishing
to enhance color and resistance to stains
and abrasions, smoothing and stretching
of the skin, drying, conditioning,
staking, dry milling, buffing and plating.
These processes generate wastes with
additional quantities of trivalent
chromium, tannins, sulfonated oils, and
spent dyes, which are low in BOD and
TSS, and high in COD.
Table Z-l lists potential storm water
pollutant source activities that may take
place at leather tanning facilities.
TABLE Z-1.—POLLUTANTS POTENTIALLY FOUND IN STORM WATER DISCHARGES AT LEATHER TANNING FACILITIES
Activity
Outdoor storage of fresh and brine cured hides
Beamhouse Processes (trimming, soak &
wash, fleshing, unhairing).
Tanyards (bating, pickling, tanning, wringing,
splitting, shaving).
Retan and Wet Finishing (retanning, bleaching
& coloring, fatliquoring, buffing).
Dry finishing (Application of pigment to leather
surface with water-based or solvent based
finishes).
Receiving and unloading areas
Improper Connections to Storm Sewer
Outdoor Bulk Chemical Storage
Outdoor Storage of coal
Waste Management
Pollutant source
Fresh & brine cured hides
Chemical storage (drums or bags) .'.
Empty containers of lime, depilatory chemi-
cals.
Trim scraps, hair
Empty chemical containers
"Blue" hides, splits, trimmings, shavings
Empty chemical containers
Leather dust containing chromium
Emissions from spray booths and spent sol-
vents.
Hides
Chemical supplies
Leaking trucks
Accidental spills ....<...
Floor drains-process wastewater cleaning
and washdown of process equipment and
process areas.
Above ground tanks
Coal piles
Hoppers
Dumpsters
Sludge (wastewater treatment sludge stored
in containers to diminish storm water con-
tact, awaiting offsite disposal).
Pollutant
Salt, organic materials (manure) biochemical
oxygen demand.
Depilatory chemicals
Calcium hydroxide, sodium sulfhydrate, or so-
dium sulfide.
BOD COD TSS
Trivalent chromium vegetable tannins en-
zymes, pickling acids (sulfuric acid), alum,
syntans, chemical deliming agents,
glutaraldehyde, heavy oils.
Trivalent chromium leather fiber and dust
suspended solids.
Chromium tanning agents vegetable extract
dyes, pigments, animal or vegetable based
oils, synthetic oils made from modified min-
eral based oils.
Leather fiber trivalent chromium suspended
solids.
Pigments, solvents-acetone, pylene, glycol
ether.
Depilatory chemicals trivalent chromium veg-
etable tannins, enzymes, pickling acids (sul-
furic acid), alum, syntans, chemical
deliming agents, glutaraldehyde, heavy oils,
dyes, pigments, animal or vegetable based
oils, synthetic oils, solvents and biocides.
Oil & grease and waste materials
Chemicals listed for supplies above
Dependent on operations
(mineral spirits), hydrated lime, surfactant.
Leather dust scraps
Empty bags & chemical containers
Lime, pieces of leather, hair, protein-like sub-
stances, floor sweepings, • trivalent chro-
mium, biochemical oxygen demand.
Sources: NPDES Storm Water Group Applications—Part 1. Received by EPA May 22, 1991—February 18, 1992.
EPA, Office of Water. November 1982. "Development Document for Effluent Limitations Guidelines and Standards for the Leather Tanning and
Finishing Point Source Category." EPA/440/1-82/016.
EPA, Office of Water Regulations and Standards and Office of Water Enforcement and Permits. September 1986. "Guidance Manual for
Leather Tanning and Finishing Pretreatment Standards."
EPA, Office of Solid Waste Management Programs, SCS Engineers, Reston, VA. 1976. "Assessment of Industrial Hazardous Waste Practices.
Leather Tanning and Finishing Industry." EPA-68-01-3261. ,
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51043
2. Pollutants Found in Storm Water
Discharges From Leather Tanning
Operations
The impacts caused by storm water
discharges from leather tanning
facilities will depend on the geographic
location of the facility, the types of
industrial activities occurring onsite
(e.g., beamhouse, tanyard, retan and wet
finishing, dry finishing); the types of
significant materials exposed to storm
water (e.g., trivalent chromium tanned
leather shavings, chemical containers
etc.), the size of the operation; and the,
type, duration, and intensity of
precipitation events. Other factors such
as air emissions (i.e., settled dust),
materials storage, spills, improperly
dumped materials, and ilh'cit conditions
may also impact receiving waters. (Illicit
connections are contributions of
unpermitted non-storm water discharges
to storm sewers.)
Part 1 group application information
indicates that the industrial activities
occurring at leather tanning facilities
include leather tanning plant yards;
unhairing (76.9 percent of samplers);
chromium tanning (69.2 percent of
samplers); splitting and shaving (76.9
percent) retanning (69.2 percent); wet
hide finishing-buffing (76.9 percent);
dry finishing; vegetable tanning (30.8
percent); immediate access roads and
rail lines used or traveled by carriers of
raw materials (38.5 percent of samplers),
manufactured products, waste
management (36.8 percent); material
handling sites (23.1 percent); refuse
sites; sites used for the application or
disposal of process wastewaters (as
defined at 40 CFR Part 401) sites used
for residual treatment, storage or
disposal (waste water treatment (30.8
percent)); shipping and receiving areas
(69.2 percent of samplers); finished
materials; and areas where industrial
activity has taken place in the past and
significant materials remain and are
exposed to storm water. (40 CFR
122.26(b)(14)).
Significant materials include raw
materials, brine or salt cured hides and
skins (7.7 percent), fuels (15.4 percent),
materials such as solvents, detergents,
finished materials; hazardous
substances designated under Section
101(14) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA), any chemical required to be
reported pursuant to Section 313 of
Title III of the Superfund Amendments
and Reauthorization Act; fertilizers;
pesticides; and waste products such as
sludge (7.7 percent) that have the
potential to be released with storm
water discharge. (40 CFR 122.26(b)(12)).
Other significant materials found at
leather tanning facilities include leather
shavings and dust (46.2 percent), leather
scrap (30.8 percent), blue hides and
splits (46.2 percent), empty chemical
containers, spent solvents, emissions
from spray booths, and wastes in
dumpsters. Significant materials
produced from various industrial
activities occurring at leather tanning
facilities are summarized in Table Z-l.
Based on the similarities of the
facilities included in this sector in terms
of industrial activities and significant
materials, EPA believes it is appropriate
to discuss the potential pollutants at
leather tanning and finishing facilities
as a whole and not subdivide this
sector. Therefore, Table Z-2 lists data
for selected parameters from facilities in
the leather tanning and finishing sector.
These data include the eight pollutants
that all facilities were required to
monitor for under Form 2F.
TABLE Z-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY LEATHER TANNING AND FINISHING FACILITIES
SUBMITTING PART II SAMPLING DATA' (mg/L)
PoBulant
Sample type
BOO) ,„„„„.,.,.„„„,„,-,--,--
COO.. „..,.,„.,„„„
Mini* + NMo Nitrogen — ..
Total KjsWaN NHrooen
Oi & Graaia .,, _...._
pH „ „„,. „.,.,„.„.„„„„„„„"-,
ITotal Phosphorus ««««.«..».«
Total Suspended Sotds
No. of facilities
Grab
12
12
12
12
12
12
12
12
Comp"
12
12
12
12
N/A
N/A
12
12
No. of samples
Grab
31
31
31
31
31
31
31
31
Comp
31
31
31
31
N/A
N/A
31
31
Mean
Grab
33.1
205.5
1.86
7.70
13.9
N/A
0.36
310
Comp
22.3
91.94
1.88
6.22
N/A
N/A
0.83
115
Minimum
Grab
0.0
0.0
0.06
0.70
0.0
4.6
0.00
0
Comp
0.0
0.0
0.30
0.90
N/A
N/A
0.03
0
Maximum
Grab
320.0
2100.0
11.00
46.00
130.0
9.0
3.00
4000
Comp
92.0
460.0
9.60
38.0
N/A
N/A
18.0
670
Median
Grab
11.0
82.0
1.20
4.30
0.0
7.4
0.16
49
Comp
10.0
50.0
0.90
3.50
N/A
N/A
0.18
86
95th percentile
Grab
105.8
597.0
6.12
26.49
56.4
8.9
1.11
1302
Comp
78.05
296.0
5.01
19.7
N/A
N/A
1.51
520
99th percentile
Grab
217.9
1247.4
11.97
55.80
124.5
9.8
2.34
4071
Comp
145.3
577.2
9.01
39.18
N/A
N/A
3.66
1209
'AppSca'jxJ Suit did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
attuned to bo 0.
"CoropojHo samples.
Table Z-3 lists the potential pollutant sources for common pollutants found at leather tanning and finishing facilities.
TABLE Z-3.—LIST OF POTENTIAL POLLUTANT SOURCES
Parameter
Pollutant sources
Oil and Grease
COD
BODs
PH
TSS....
Tola! phosphorus
Nitrato nitrite nitrogen ..
Total KJeldaW nitrogen .
Chromium
Degreasing processes, oils used in leather processing (fatliquoring).
Complex organic and inorganic process chemicals, dyes, vegetable tannins, extraneous hide substances.
Carbonaceous organic materials such as dissolved or pulped hair and other extraneous hide substances, nitrites, am-
monia from residual bating chemicals and from hydrolytic deamination of proteinaceous hair and hide substances.
Acidic or alkaline materials.
Leather dust, scraps, hair.
Detergents.
Spent bating liquors and breakdown of organic proteins (dissolved hair and dermal matter).
Dissolved or pulped proteinaceous hair.
Blue hides, leather scraps and dust, waste materials such as empty containers, sludge.
3. Options for Controlling Pollutants
The measures implemented to reduce
pollutants in storm water associated
with leather tanning operations are
generally uncomplicated practices. The
following table identifies Best
Management Practices (BMPs)
associated with different activities that
take place at leather tanning facilities.
, The most effective BMPs 'will be
selected on the basis of site-specific
considerations (e.g., facility size,
industrial processes performed
geographic location, significant
materials, volume and type of discharge
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generated). Because of the industrial
processes involved in leather tanning,
BMPs that concentrate on source
reduction, recycling and containment/
diversion will be the most helpful for
reducing pollution in storm water
runoff.
Source reduction BMPs include good
housekeeping, materials management
practices, preventive maintenance, spill
prevention and response activities and
employee training. Activities associated
with good housekeeping include:
Operation and Maintenance—Keep
floors clean and dry, regularly pick up
garbage and waste materials, make sine
equipment is working properly,
routinely inspect for leaks or conditions
that could lead to discharges of
chemicals or contact of storm water
with raw materials, intermediate
materials, waste materials etc., reduce
chemical spills resulting from
carelessness and prepare program to
control spills and carry out cleanups.
Ensure that spill cleanup procedures are
understood by employees. Eliminate
unnecessary uses of water such as
leaving hoses running.
Materials Storage and Maintenance—
Store containers away from direct traffic
routes to prevent accidental spills, stack
containers according to manufacturers
instructions to avoid damaging
containers, store containers on pallets to
prevent corrosion of containers, assign
responsibility of hazardous material
inventories to a limited number of
people who are trained to handle
hazardous materials.
Material Inventory Procedures—
Identify all chemical substances present
in the work place, label all containers,
clearly mark on the inventory hazardous
materials that require special handling,
storage or use.
Preventive Maintenance—Identify
equipment, systems and facility areas
that should be inspected, schedule
periodic inspections of the equipment
and systems, timely adjustments, repair,
or replacement of equipment and
systems. Maintain complete records on
inspections, equipment, and systems.
Install automatic monitoring devices to
detect abnormal discharge of gases and
hazardous substances.
Containment/diversion BMPs involve
segregating areas of concern by covering
or berming the activity and controlling
dust. Diversion dikes, curbs and berms
are temporary or permanent diversion
structures that prevent runoff from
passing beyond a certain point, and
divert runoff away from its intended
path. Dikes, curbs and berms are already
in use at some leather tanning facilities.
Part 1 group application data indicate
that BMPs have not been widely
implemented at the representative
sampling facilities. The most commonly
listed material management practice is
roofing and covers. Table Z-4 lists
BMPs associated with different
activities that take place at leather
tanning facilities.
TABLE Z-4.—LIST OF BEST MANAGEMENT PRACTICES
Activity
Best management practices
Temporary Outdoor Storage of fresh or brine
cured hides.
Beamhouse Operations
Tanyards
Retan and wet finish
Dry Finish
Receiving and shipping
Liquid Storage in Above Ground Tanks
Store hides indoors if possible.
Cover the hides with a roof or temporary covering (e.g., polyethylene, tarpaulin etc.).
Minimize storm water runon by enclosing the area or building a berm around the area.
Inspect area regularly for proper implementation of good housekeeping and control measures.
Store chemical drums & bags and empty lime & depilatory chemical containers indoors if pos-
sible, preventive maintenance.
Cover chemical drums & bags, empty lime & depilatory chemical containers and leather
scraps with roof or temporary covering (e.g., tarpaulins, polyethylene) and store on elevated
impermeable surface.
Curbing, containment dikes around chemical storage, empty lime & depilatory chemical con-
tainers and leather scrap storage area.
Inspect area regularly for leaking drums, broken bags, proper implementation of good house-
keeping and control measures, (broken cracked dikes), material inventory, material storage
and operation & maintenance.
Clean up leaks & spills quickly & completely, use drip pans for leaking equipment.
Good Housekeeping—all paved areas should be swept regularly, eliminate unnecessary flush-
ing with water and label chemical drums and containers.
Employee training on good housekeeping, proper handling of chemicals.
BMPs for Tanyards (empty chemical containers and hides, leather dust, shavings) are the
same as those listed above for Beamhouse Activities.
Dust reduction through frequent inspection of vacuum, collector (bag & cyclone), and filter sys-
tems.
Dust reduction through enclosure and covering.
Preventive maintenance/inspection of dust collection systems.
Good Housekeeping-regular sweeping of paved areas, eliminate unnecessary flushing with
water and label chemical drums and containers.
Employee training on good housekeeping, proper handling of chemicals.
Preventive maintenance, inspection of spray booths.
Employee training on proper disposal of spent solvents.
Cover shipping & receiving area.
Cover trucks.
Vehicle positioning—locating trucks while transferring materials to prevent spills onto the
ground surface.
Grade berm or curb area to prevent storm water runon contamination, divert rain gutters away
from loading area.
Clean spills immediately.
Inspect trucks for leaks..
Employee training in spill prevention.
Clearly tag valves to avoid human error.
Install overflow protection devices on tank systems to warn operator or to automatically shut
down transfer pumps when tanks reach .full capacity.
Secondary containment around tanks.
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51045
TABLE Z-4— LIST OF BEST MANAGEMENT PRACTICES—Continued
Activity
Best management practices
Improper connections to storm sewers
Waste Management
Employee training.
Inspection of tank foundations^connections, coatings, valves and piping systems.
Comply with existing spill prevention, cleanup and countermeasure plans (SPCC plan) and
State and Federal laws.
Integrity testing by qualified professional.
Plug all floor drains connected to sanitary or storm sewer.
Perform smoke or dye testing to determine if interconnections exist between sanitary water
system and storm sewer system.
Update facility schematics to accurately reflect all plumbing connections.
Install a safeguard against washwaters from processing areas entering the storm sewer unless
permitted.
Train employees on proper disposal practices for all materials.
Conduct waste reduction assessment—develop guidelines for the elimination of waste genera-
tion emissions.
Institute industrial waste source reduction and recycling BMPs.
Move waste management activities indoors (after safety concerns are addressed) and cover
waste piles, dumpsters, hoppers, place on impermeable elevated surfaces.
Prevent storm water runon by curbing, building berms.
Cover trucks & inspect for leaking wastes.
Inspection of waste management areas for leaking containers, spills, damaged containers, un-
covered waste piles, dumpsters, hoppers.
Inspection of roof areas & outside equipment.
Develop and maintain proper erosion control or site stabilization measures.
Train employees on proper disposal practices for all materials.
Sources: NPDES Storm Water Group Applications—Part 1.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities—Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-006.
EPA. Office of Research and Development. January 1993. "Investigation of Inappropriate Pollutant Entries into Storm Drainage Systems. A
Usefs Guide." EPA/600/R-92/238.
4. Special Conditions
There are no additional requirements
boyond those described in Part VLB. of
this fact sheet.
5. Storm Water Pollution Prevention
Plan Requirements
All facilities covered by this section
must prepare and implement a storm
water pollution prevention plan. The
establishment of a pollution prevention
plan requirement reflects EPA's
decision to allow operators of leather
tanning facilities to select BMPs as the
Best Available Technology/Best Control
Technology (BAT/BCT) level of control
for the storm water discharges covered
by this section. The requirements
included in pollution prevention plans
provide a flexible framework for the
development and implementation of site
specific controls to minimize pollutants
in storm water discharges.
EPA believes that pollution
prevention is the most effective
approach for controlling contaminated
storm water discharges from leather
tanning facilities. Pollution prevention
plans allow the operator of a facility to
select BMPs based on site-specific
considerations such as facility size,
climate, geographic location, the
environmental setting of the facility,
and volume and type of discharge
generated. This flexibility is necessary
because each facility will be unique in
that the source, type, and volume of
contaminated surface water discharges
will differ from site to site.
There are two major objectives to a
pollution prevention plan (I) to identify
sources of pollution potentially affecting
the quality of storm water discharges
associated with industrial activity from
a facility; and (2) to describe and ensure
implementation of practices to
minimize and control pollutants in
storm water discharges associated with
industrial activity from a facility.
Specific requirements for a pollution
prevention plan for leather tanning
facilities and facilities which make
fertilizer solely from leather scraps and
dust are described below.
a. Contents of the Plan. Storm water
pollution prevention plans are intended
to help leather tanners evaluate all
potential pollution sources at a site, and
assist in the selection and
implementation of appropriate measures
designed to prevent, or control the
discharge of pollutants in storm water
runoff. EPA has developed guidance
entitled "Storm Water Management for
Industrial Activities: Developing
Pollution Prevention Plans and Best
Management Practices," EPA, 1992
(EPA 832-R-92-006), to assist
permittees in developing and
implementing pollution prevention
measures.
(1) Description of Potential Pollutant
Sources. Each storm water pollution
prevention plan must describe
activities, materials, and physical
features of the facility that may
contribute to storm water runoff or,
during periods of dry weather result in
dry weather flows. This assessment of
storm water pollution will support
subsequent efforts to identify and set
priorities for necessary changes in
materials, materials management
practices, or site features, as well as aid
in the selection of appropriate structural
and nonstructural control techniques.
Plans must describe the following
elements:
(a) Drainage—The plan must contain
a map of the site that shows the pattern
of storm water drainage, structural
features that control pollutants in storm
water runoff and process wastewater
discharges, surface water bodies
(including wetlands), places where
significant materials are exposed to
rainfall and runoff, and locations of
major spills and leaks that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit. The
map also must show areas where the
following activities take place: fueling,
vehicle and equipment maintenance
and/or cleaning, loading and unloading,
material storage (including tanks or
other vessels used for liquid or waste
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storage), material processing, and waste
disposal, haul roads, access roads, and
rail spurs. In addition the site map must
also identify the location of all outfalls
covered under this permit. The facility
must prepare an inventory of the types
of discharges contained in each outfall.
This inventory may he kept as an
attachment to the site map.
(b) Inventory of-Exposed Materials—
Facility operators are required to
carefully conduct ah inspection of the
site and related records to identify
significant materials that are or may be
exposed to storm water. The inventory
must address materials that within 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit have been handled,
stored, processed, treated, or disposed
of in a manner to allow exposure to
storm water. Findings of the inventory
must be documented in detail in the
pollution prevention plan. At a
minimum, the plan must describe the
method and location of onsite storage or
disposal; practices used to minimize
contact of materials with rainfall and
runoff; existing structural and
nonstructural controls that reduce
pollutants in storm water runoff;
existing structural controls that limit
process wastewater discharges; and any
treatment the runoff receives before it is
discharged to surface waters or a
separate storm sewer system. The
description must be updated whenever
there is a significant change in the types
or amounts of materials, or material
management practices, that may effect
the exposure of materials to storm
water.
(c) Significant Spills and Leaks—The
plan must include a list of any
significant spills and leaks of toxic or
hazardous pollutants that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit.
Significant pills include, but are not
limited to, releases of oil or hazardous
substances in excess of quantities that
are reportable under Section 311 of
CWA (see 40 CFR 110.0 and 40 CFR
117.21) or Section 102 of CERCLA (see
40 CFR 302.4). Significant spill may also
include releases of oil or hazardous
substances that are not in excess of
reporting requirements and release of
materials that are not classified as oil or
a hazardous substance. The list shall be
updated as appropriate during the term
of the permit.
(d) Sampling Data—Any existing data
on the quality or quantity of storm water
discharges from the facility must
described in the plan. The description
should include a discussion of the
methods used to collect and analyze the
data. Sample collection points should
be identified in the plan and shown on
the site map.
(e) Risk Identification and Summary
of Potential Pollutant Sources—The
description of potential pollution
sources culminates in a narrative ,
assessment of the risk potential that
sources of pollution pose to storm water
quality. This assessment should clearly
point to activities, materials, and
physical features of the facility that have
a reasonable potential to contribute
significant amounts of pollutants to
storm water. Any such activities,
materials, or features must be addressed
by the measures and controls
subsequently described in the plan. In
conducting the assessment, the operator
of the facility must consider the
following activities: loading and
unloading operations; outdoor storage
activities; outdoor processing activities;
significant dust or particulate generating
processes; and onsite waste disposal
practices. The assessment must list any
significant pollution sources at the site
and identify the pollutant parameter or
parameters (i.e., total suspended solids,
biochemical oxygen demand, etc.)
associated with each source.
(2) Measures and Controls. Under the
description of measures and controls in
the storm water pollution prevention
plan requirements, this section proposes
that all areas that may contribute
pollutants to storm water discharges
shall be maintained in a clean, orderly
manner. This section also proposes that
the following areas must be specifically
addressed:.
(a) Areas to be Addressed.
(i) Storage Areas for Raw,
Semiprocessed, or Finished Tannery By-
products—Pallets and/or bales of raw,
semiprocessed, or finished tannery by-
products (e.g., splits, trimmings,
shavings, etc.) that are stored where
there is potential storm water contact,
must be stored indoors or protected by
polyethylene wrapping, tarpaulins,
roofed storage area or other suitable
means. Materials should be placed on
an impermeable surface, the area should
be enclosed or bermed or other
equivalent measures should be
employed to prevent runon or runoff of
storm water. '
(ii) Material Storage Areas—Label
storage units of all materials (e.g.,
specific chemicals/hazardous materials,
spent solvents, waste materials).
Maintain such containers and units in
good condition. Describe measures that
prevent or minimize contact with storm
water. The facility must consider indoor
storage and/or installation of berming
and diking around the area to prevent
runon or runoff of storm water.
(in) Buffing/Shaving Areas—'The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff with leather dust from
buffing/shaving areas. The facility may
consider dust collection enclosures,
preventive inspection/maintenance
programs or other appropriate
preventive measures.
(iv) Receiving, Loading, and Storage
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from receiving, unloading, and storage
areas. Exposed receiving, unloading and
storage areas for hides and chemical
supplies should be protected by a
suitable cover, diversion of drainage to
the process sewer, directing rain gutters
away from loading/receiving areas,
grade berming or curbing area to prevent
runon of storm water or other
appropriate preventive measures.
(v) Outdoor Storage of Contaminated
Equipment—The plan must describe
measures that minimize contact of storm
water with contaminated equipment..
Equipment should be protected by
suitable cover, diversion of drainage to
the process sewer, thorough cleaning
prior to storage or other appropriate
preventive measures.
(vi) Waste Management-^-The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff from waste storage areas.
The facility may consider inspection/
maintenance programs for leaking
containers or spills, covering dumpsters,
moving waste management activities
indoors, covering waste piles with
temporary covering material such as
tarpaulin or polyethylene, arid
minimizing storm water runon by
enclosing the area or building berms
around the area.
(vii) Vehicle Maintenance and
Fueling—Permittees must follow all
applicable requirements described in
Part XI.P. for controlling storm water
discharges from vehicle maintenance
and refueling areas.
(viii) Improper Connections to Storm
Sewers—The plan must describe
measures which prevent and prohibit
washwaters from processing areas from
entering storm sewers. The facility must
install safeguards against wash waters
entering storm sewers and train
employees on proper disposal practices
for disposal of all process waste
materials. • '
These areas are sources of pollutants
in storm water from leather tanning -
facilities. EPA believes that the ''•••
incorporation of BMPs such as those
suggested; in conjunction with'the -
pollution prevention plan, will
substantially reduce the potential of
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51047
storm water contamination from these
areas. Based upon the information
provided in part 1 of the group
application process, some of the
suggested management processes are
being used at leather tanning facilities.
In addition, EPA believes that these
requirements continue to provide the
necessary flexibility to address the
variable risk for pollutants in storm
water discharges associated with
different facilities. Further, many
facilities will find that management
measures that they have already
incorporated into the facilities
operation, such as the use of covers and
roofing, containers, andberms and dikes
will meet the requirements of this
section.
(b) Preventive Maintenance—Under
the preventive maintenance
requirements of the pollution
prevention plan, permittees are required
to develop a preventive maintenance
program that includes regular
inspections and maintenance of storm
water BMPs. The maintenance program
requires periodic removal of debris from
discharge diversions. Permittees using
ponds to control their effluent limitation
frequently use impoundments or
sedimentation ponds as their BAT/BCT.
Maintenance schedules and
maintenance measures for these ponds
must be provided in the pollution
prevention plan.
The purpose of the inspections is to
check on the accuracy of the description
of potential pollution sources contained
in the plan, determine the effectiveness
of the plan and implementation of the
storm water pollution prevention plan.
The inspections allow facility personnel
to monitor the success or failure of
elements of the plan on a regular basis.
The use of an inspection checklist is
recommended. The checklist will
ensure that all required areas are
inspected, as well as help to meet the
record keeping requirements. Based on
the results of each inspection, the
description of potential pollution
sources, and measures and controls, the
plan must be revised as appropriate
within 2 weeks after each inspection.
Changes in the measures and controls
must be implemented on the site in a
timely manner, and never-.more than 12
weeks after completion of the
inspection.
(c) Inspections—Under the inspection
requirements of the storm water
pollution prevention plan elements,
qualified facility personnel shall be
identified to inspect designated areas of
the facility, at a minimum of every 3
months. The individual or individuals
who will conduct the inspections must
be identified in the plan and should be
members of the pollution prevention
team. The following areas shall be
included in all inspections: storage
areas for equipment and vehicles
awaiting maintenance, facility yard area
where outdoor storage occurs, receiving
and unloading areas and waste
management areas. A set of tracking or
follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections shall be
maintained and the pollution
prevention plan modified where
necessary.
In addition, qualified personnel must
conduct quarterly visual inspections of
all BMPs. The inspections shall include
an assessment of the effectiveness and
need for maintenance of storm water
roofing and covers, dikes and curbs,
discharge diversions, sediment control
and collection systems and all other
BMPs.
Quarterly visual inspections must be
made at least once in each of the
following designated periods during
daylight hours. January—March (storm
water runoff or snow melt), April-June
(storm water runoff), July-September
(storm water runoff), and October-
December (snow melt runoff). Records
shall be maintained as part of the
pollution prevention plan.
(d) Employee Training—Under the
employee training component of the
storm water pollution prevention plan
requirements, the permittee is required
to identify annual (once per year) dates
for training. Employee training must, at
a minimum, address the following areas
when applicable to a facility: general
good housekeeping practices, spill
prevention and control, waste
management, inspections, preventive
maintenance, detection of non-storm
water discharges and other areas. EPA
requires that facilities conduct training
annually at a minimum. However, more
frequent training may be necessary at
facilities with high turnover of
employees or where employee
participation is essential to the storm
water pollution prevention plan.
(e) Recordkeeping and Internal
Reporting—Permittees must describe
procedures for developing and retaining
records on the status and effectiveness
of plan implementation. The plan must
address spills, monitoring, and BMP
inspection and maintenance activities.
Ineffective BMPs must be reported and
the date of their corrective action
recorded. Employees must report
incidents of leaking fluids to facility
management and these reports must be
incorporated into the plan.
(f) Storm Water Management—The
permittee must evaluate the
appropriateness of each storm water
BMP that diverts, infiltrates, reuses, or
otherwise reduces the discharge of
contaminated storm water. In addition,
the permittee must describe the storm
water pollutant source or activity (i.e.,
loading and unloading operations, raw
material storage piles, waste piles, etc.)
to be controlled by each storm water
management practice.
(3) Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluation that qualified personnel will
conduct to: 1) confirm the accuracy of
the description of potential pollution
sources contained in the plan; 2)
determine the effectiveness of the plan;
and 3) assess compliance with the terms
and conditions of this section.
Comprehensive site compliance
evaluations must be conducted once a
year for leather tanning facilities. These
evaluations are intended to be more in
depth than the quarterly visual
inspections. The individual or
individuals who will conduct the
evaluation must be identified in the
plan and should be members of the
pollution prevention team. Evaluation
reports must be retained for at least 3
years after the date of the evaluation.
Based on the results of each evaluation,
the description of potential pollution
sources, and measures and controls, the
plan must be revised as appropriate
within 2 weeks after each inspection.
Changes in the measures and controls
must be implemented on the site in a
timely manner, and never more than 12
weeks after completion of the
evaluation.
6. Numeric Effluent Limitations
There are no numeric effluent
limitations for storm water discharges
from leather tanning facilities beyond
those described in Part VI.E. of the fact
sheet.
7. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. The regulatory
modifications at 40 CFR 122.44 (i)(2),
established on April 2,1992, grant
permit writers the flexibility to reduce
monitoring requirements in storm water
discharge permits. EPA has determined
that the potential for storm water
discharges to contain pollutants above
benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
support sampling at leather tanning and
finishing facilities. Under the Storm
Water Regulations at 40 CFR
122.26(b)(14), EPA defined "storm water
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discharge associated with, industrial
activity". The focus of today's permit is
to address the presence of pollutants
that are associated with the industrial
activities identified in this definition
and that might be found in storm water
discharges. Under the methodology for
determining analytical monitoring
requirements, described in section
VI.E.1 of this fact sheet, nitrate plus
nitrite nitrogen is above the bench mark
concentrations for the leather tanning
and finishing sector. After a review of
the nature of industrial activities and
the significant materials exposed to
storm water described by facilities in
this sector, EPA has determined that the
higher concentrations of nitrate plus
nitrite nitrogen are not likely to be
caused by the industrial activity, but
may be primarily due to non-industrial
activities on-site. Today's permit does
not require leather tanning and finishing
facilities to conduct analytical
monitoring for this parameter. Based on
a consideration of the BMPs typically
used at these facilities, and generally
low pollutant values from the
application data, EPA believes that the
pollution prevention plan with visual
examinations of storm water discharges
' will help to ensure storm water
contamination is minimized. Because
permittees are not required to conduct
sampling, they will be able to focus
their resources on developing and .
implementing the pollution prevention
plan,
b. Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
examinations of a storm water discharge
from each outfall are required for leather
tanning and finishing facilities. The
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, or other obvious indicators of
storm water pollution. The examination
must be conducted in a well lit area. No
analytical tests are required to be
performed on these samples.
The examination must be made at
least once in each of the following three-
month periods: January through March;
April through June; July through
September; and October through
December during daylight unless there
is insufficient rainfall or snow-melt to
runoff. EPA expects that, whenever
practicable, the same individual should
carry out the collection and examination
of discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 1 hour) of when the runoff
begins discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination. Adverse weather
conditions which may prohibit the ,
collection of samples include 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.).
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
AA. Storm Water Discharges Associated
With Industrial Activity From
Fabricated Metal Products Industry
1. Discharges Covered Under this
Section
On November 16,1990 [55 Federal
Register (FR) 47990], the U.S.
Environmental Protection Agency (EPA)
promulgated the regulatory definition of
"storm water discharges associated with
industrial activity." This section of
today's final permit covers storm water
discharges associated with industrial
activities from metal fabrication
processes and operations. Fabricated
metal and processing facilities eligible
for coverage under this section include
the following types of operations:
fabricated metal products, except
machinery and transportation
equipment (Standard Industrial
Classification (SIC) codes 3429, 3441,
3442, 3443, 3444, 3451, 3452, 3462,
3471, 3479, 3494, 3496 and 3449); and
jewelry, silverware, and plated ware
(SIC code 391).
This section covers establishments
engaged in fabricating ferrous and
nonferrous metal products, such as
metal cans, tinware, general hardware,
automotive parts, tanks, road mesh,
structural metal products, nonelectrical
equipment, and a variety of metal and
wire products from purchased iron or
steel rods, bars/or wire materials. This
section does not cover discharges from
establishments engaged in
manufacturing and rolling of ferrous
and nonferrous metals, forgings or
stampings, electrolytic or other
processes for refining copper from ore.
These establishments are addressed in a
separate section of today's final permit.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being .conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
Impacts caused by storm water
discharges from fabricating operations
will vary from one facility to the next.
Several factors influence to what extent
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51049
significant materials from fabricators
will affect water quality. Specifically,
the use of indoor operations as opposed
to outdoor storage facilities; discharges
to Publicly Owned Treatment Works
(POTWs); recycling programs; product
choice in the various operations; and
the number of operations that take place
at a given facility based on customer
needs; and use of storm water controls.
This section does not cover any
discharge subject to process wastewater
effluent limitation guidelines.
2. Industrial Profile
There are two major subcategories of
facilities covered by this sector:
fabricated metal products excluding
coating and fabricated metal coating and
engraving. These facilities are engaged
in the manufacturing of a variety of
products that are constructed primarily
by using metals. The operations
performed usually begin with materials
in the form of raw rods, bars, sheet,
castings, forgings, and other related
materials and can progress to the most
sophisticated surface finishing
operations. There are typically several
operations that take place at a
fabrication facility: machining
operations, grinding, cleaning and
stripping, surface treatment and plating,
painting, and assembly. The machining
operation involves turning, drilling,,
milling, reaming, threading, broaching,
grinding, polishing, cutting and
shaping, and planing. Grinding is the
process using abrasive grains such as
aluminum oxide, silicon carbide, and -
diamond to remove stock from a
workpiece. Cleaning and stripping is a
preparatory process involving solvents
for the removal of oil, grease and dirt.
Both alkaline and acid cleaning are
employed. Surface treatment and
plating is a major component that
involves batching operations to increase
corrosion or abrasion resistance. This is
generally in the form of galvanizing.
Painting is generally practiced at most
facilities to provide decoration and
protection to the product or item.
> Assembly is the fitting together of
previously manufactured parts into a
complete unit or structure.
mdustrial activities and storm water
management practices vary among the
fabricating industry, mostly in the type
of chemicals used in the processes and
the final product. Some industries
involve only dry operations and others
include wet operations. Examples of
products being fabricated in this
industry include: aircraft engines,
screws, nuts, bolts, automotive parts
(drive shafts, struts, gears, rods), tanks,
hand tools, doors, and bridge grates.
Many of the operations in this
industry take place indoors. The major
activities evaluated for purposes of
storm water contamination and control
measures include: waste storage, outside
product storage, use of pickling acids,
storage of cutoff scrap metal, aluminum
scraps, hazardous materials, galvanized
steel components, solvent storage, waste
paper storage, machinery storage, used
absorbent materials, wood materials
dunnage/pallets, and maintenance of
existing Best Management Practices
(BMPs). The table below lists the most
likely wastes to be generated at a steel
fabricating facility.
TABLE AA-1.—WASTES GENERATED FROM FABRICATED METALS INDUSTRIES
Activity
Pollutant source
Pollutant
Tool workplace interface/shaving, chipping
Parts/tools cleaning, sand Wasting, metal sur-
face cleaning, removal of applied chemicals.
Making structural components
Painting operations
Cleanup of spills and drips ,
Transportation or storage of materials ,
Used metal working fluid with fine metal dust.
Solvent cleaners abrasive cleaners, alkaline
cleaners, acid cleaners, rinse waters.
Cuttings, scraps, turnings, fines
Paint and paint thinner spills, sanding, spray
painting.
Used absorbent materials
Wood dunnage/pallets
TSS, COD, oil and grease.
Spent solvents, TSS, acid/alkaline waste, oil.
Metals.
Paints, spent solvents, heavy metals, TSS.
TSS, spilled material.
BOD, TSS.
3. Storm Water Sampling Results
Based on the wide variety of
industrial activities and significant
materials at the facilities included in
this sector, EPA believes it is
appropriate to divide the fabricated
metal industry into subsectors to
properly analyze sampling data and
determine monitoring requirements. As
a result, this sector has been divided
into the following subsectors: fabricated
metal products except coating and
fabricated metal coating and engraving.
Tables AA—2 and AA-3 below include
data for the eight pollutants that all
facilities were required to monitor for
under Form 2F. The tables also list
those parameters that EPA has
determined merit further monitoring.
- — • — POLLUTANTS REPORTED BY CUTLERY, HANDTOOLS, AND GENERAL HARDWARE
kM^^If L?T^UCTUR^L METAL PRO?UCTS' SCREW MACHINE PRODUCTS, AND BOLTS, NUTS, SCREWS, RIVETS,'
AND WASHERS, METAL FORCINGS AND STAMPINGS, ELECTROPLATING, PLATING, POLISHING, ANODIZING, AND COLOR-
ING, MISCELLANEOUS FABRICATED METAL PRODUCTS, JEWELRY, SILVERWARE, AND PLATED WARE
FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
PoButam
Sample type
BOO,
NMa 4 Nitrate Nitrogen
TOOK KieUaN Nitrogen „.
03 & Gratia „
p« ...,-„„
Total Phosphorus
Total Suspended Solids „
Aluminum. Total
Iron, Total.
Zinc, Total ...__...,„.,„
No. of facilities
Grab
51
51
51
51
50
45
50
51
15
25
27
Comp"
49
48
49
49
N/A
N/A
49
49
15
23
25
No. of samples
Grab
70
70
70
70
69
63
69
70
16
32
38
69
68
69
69
N/A
N/A
69
69
16
29
35
Mean
Grab
19.6
1432
1.66
S24
92
N/A
1.13
214
89.68
4.9
6.407
Comp
11.6
115.2
1.31
2.05
N/A
N/A
1.03
169
10.37
3.1
3.451
Minimum
, Grab
0.0
0.0
0.00
0.00
0:0
3.3
0.00
0
0.00
. 0.0
o.ooo
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
d
0.00
0.0
0.007
Maximum
Grab
380.0
1380.0
14,90
29.30
86.0
9.0
10.50
2340
1400.0
25.1
157.00
Comp
57.0
962.0
9.17
9.12
N/A
N/A
10.8
3235
130.00
26.0
22.80
Median
Grab
8.4
63.0
0.94
1.76
6.0
7.1
0.22
104
0.96
1.5
0.72
Comp
8.0
63.0
0.87
1.40
N/A •
N/A
0.2
53
0.92
0.9
0.44
95th percentile
Grab
53.5
435.4
5.85
9.77
31.3
9.4
3.39
1014
74.83
28.3
18.234
Comp
32.6
358.5
4.58
5.99
N/A
N/1
3.36
650
24.71
13.2
20.001
99th percentile
Grab
106.2
885.1
12.74
19.16
62.1
10.7
8.96
2832
365.47
92.2
Comp
55.8
713.7
9.22
10.52
N/A
N/A
9.12
1801
80.82
35.5
asttetotaO™' t"° "^ reP
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE AA-3 —STATISTICS FOR SELECTED POLLUTANTS REPORTED BY COATING, ENGRAVING, AND ALLIED SERVICES
FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
Pollutant
Sample type
BOD 5
COD
Nitrate + Nitrate Nitrogen
Total KjeWahl Nitrogen ....
pH
Total Phosphorus
Total Suspended Solids ..
Zinc, Total
No. of facilities
Grab
13
13
13
13
13
11
13
13
10
Comp'1
13
13
13
13
N/A
N/A
13
13
10
No. of samples
Grab
16
16
16
16
16
14
16
16
13
Comp
t6
17
17
17
N/A
N/A
17
17
14
Mean
Grab
12.0
68.8
1.82
2.36
1.7
N/A
1.91
112
0.489
Comp
6.06
56.9
1.60
1.52
N/A
N/A
0.90
88
0.218
Minimum
Grab
0.0
12.0
0.21
0.00
0.0
5.5
0.00
0
0.050
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0
o.odo
Maximum
Grab
81.0
320.0
7.70
7.20
9.0
8.2
16.00
461
2.100
Comp
17.0
160.0
12.5
5.2
N/A
N/A
12.0
990
0.830
Median
Grab
7.5
45.0
0.96
1.35
0.0
6.6
0.16
26
0.32
Comp
6.0
49.0
0.80
0.80
N/A
N/A
0.15
21
0.15
95th percentile
Grab
39.3
194.4
5.64
6.87
9.4
8.0
6.30
474
1.481
Comp
15.8
262.7
4.44
4.41
N/A
N/A
2.77
272
0.800
99th pe
Grab
74.4
349.4
10.91
12.12
18.2
8.7
23.91
1215
2.758
centile
Comp
24.58
559.3
8.67
7.68
N/A
N/A
9.37
764
1.632
•Applications that did not report th units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-detect or below detection limit were
assumed to be 0.
"Composite samples.
4. Options for Controlling Pollutants
The measures to control pollutants at
metal fabricating operations should
focus primarily on the storage of waste
and raw materials; chemical storage
areas; and equipment storage and
service areas. Since most of the
operations occur indoors, procedures
are necessary in the handling and
transporting of materials to minimize
exposure of pollutants to storm water
runoff. Of primary importance is the
control of activities and use of
chemicals that have been identified as
potential sources of pollutants. The
most effective discharge controls for
these facilities are BMPs targeted toward
source control. This includes utilizing
inside storage as much as possible; and
implementing programs for recycling
scrap materials. Many of these practices
require the use of covers, indoor storage,
and indoor operations. Some structural
measures would provide an additional
control to reduce the potential for
exposure at these facilities. These
include source reduction diversion
dikes, grass swales, vegetative covers,
and sedimentation ponds. Preventive
controls are typically low in cost and
relatively easy to implement, as the
majority of the facilities in this industry
already employ these practices. In
addition, directing flows to privately
owned treatment works or retention
ponds will be the most effective
measure. The industry also must give
consideration to the non-storm water
discharges associated with improper
disposal of materials from the indoor
processes due to the extensive use of
chemicals in the preparation and
finishing phases of metal preparation
and fabrication. The industry also
involves grinding, welding, and sanding
operations that will require special
consideration to control potential
pollutants that could accumulate and be
subject to storm water runoff. Most of
the measures commonly implemented
to reduce pollutants in storm water
associated with the fabricated metals
industry are generally uncomplicated
practices. Some of the practices may be
predicated on the size of the operation,
the types of processes that are exercised
from a full-scale plant operation to a
more specialized company that
conducts only a portion of the
operations usually found in the
fabricating industry. Table AA-4 below
is an outline of the most common
activities and sources that may produce
pollutants associated with different
activities that routinely take place at
fabricated metal industries. Following
the table is a brief list of BMPs that EPA
believes will help reduce and control
the potential pollutant sources at
fabricating facilities from contaminating
storm water.
TABLE AA-4—POLLUTANTS POTENTIALLY FOUND IN STORM WATER DISCHARGES ASSOCIATED WITH THE FABRICATED
METAL INDUSTRY
Activity
Pollutant source
Pollutant
Metal preparation
Parts cleaning
Surface Treatment
Galvanizing
Painting
Heavy equipment use and storage
Grinding, welding, sawing, shaving, brazing,
bending, cutting, etching.
Solvents, cold and hot dips, cleaning parts,
degreasing.
Finishing, plating, case hardening, chemical
coating, coating, polishing, rinsing, abrasive
cleaning, electroplating.
Spills, leaks, transporting materials
Equipment maintenance
Storage of uncoated structural steel
Storing galvanized steel directly on the ground
Vehicle/equipment traffic •.... •
Cleaning equipment/vehicles
Empty containers, paint application wastes,
spills, over spraying, storage areas.
Leaking fluids, fluids replacement, washing
equipment, use on poor surface area, soil
disturbance.
Leaking fluids, fluids replacement, washing
equipment.
Stored on porous pavement .......
Galvanizing material drippage or leaching
Soil disturbance and erosion
Chemicals disposed improperly, spillage
Steel scraps, aluminum scraps, brass, copper,
dust, chips and borings, steel scale, teflon,
manganese.
Acid, coolants, clean composition, degreaser,
mineral spirits, pickle liquor, spent caustic,
sludge.
Acid, aromatic solvent, corn cob, lubricants,
sand, oil, pH, nitrates, nitrites, carbon,
phosphates, borates, nitrogen, oily sludge,
nickel, chromium, hydrofluoric acid.
Acid solution, phosphates, zinc chromate,
hexavalent chromium, nickel.
Paint wastes, thinner, varnish, heavy metals,
spent chlorinated solvents
Oil, heavy metals, organics, fuels, TSS, hy-
draulic oil, diesel fuel, gasoline
Oil, grease
Aluminum, lead, zinc, copper, iron, oxide,, oil,
nickel, manganese.
Metals: zinc, nickel, cadmium, chromium.
TSS from erosion, hydraulic fluid loss/spillage
Oil, grease, surfactants, chromates, acid, hy-
droxide, nitric acid. •
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51051
TABLE AA-4.—POLLUTANTS POTENTIALLY FOUND IN STORM WATER DISCHARGES ASSOCIATED WITH THE FABRICATED
METAL INDUSTRY—Continued
Activity
Pollutant source
Pollutant
Storage areas,
Equipment usage
Above ground storage tanks
Unidentifiable drums, extended exposure to
weather conditions, tank corrosion, open
containers.
Malfunctioning equipment, stockpiled obsolete
equipment.
Installation problems, spills, external corrosion
and structural failure.
Benzene, toluene, xylene, pyrene, and other
volatile organics, solvents.
Oil, grease, lead
Fuel oil and various chemicals.
Table AA-4 above shows the
potential pollutants that could end up
in storm water runoff if the activities
typically found at a fabricating facility
are not handled properly. Many of the
fabricating facilities in tie group
application indicated several of the
activities listed as a part of the normal
operations carried out at the facility.
Many of the pollutants involved in these
activities are potentially of concern if
exposed to precipitation and storm
\vaterrunoff. Consideration of control
measures is needed to assure that the
activities minimize exposure to the
potential pollutants of concern as it
relates to each activity identified and
control the potential sources that may
generate pollutants as part of the
management practices used.
§. Special Conditions
The permit conditions that apply to
the fabricated metals industry build
upon the base permit requirements set
forth in the front of today's permit. The
discussion that follows, therefore, only
addresses conditions that differ from
those base requirements.
Due to the concern that many non-
storm water discharges may be present
at metal fabricators, EPA is requiring
that all facilities provide proof that
those discharges are not commingled
and are appropriately controlled so as to
protect all receiving waters.
Today's permit clarifies in Part
XI.AA.2. (Prohibition of Non-storm
Water Discharges) that non-storm water
discharges, including metal fabricator
operations, are not authorized by this
section. The operators of such non-
storm water discharges must obtain
coverage under a separate National
Pollutant Discharge Elimination System
(NPDES) permit if discharged to waters
of the United States or through a
municipal separate storm sewer system.
In a related requirement under the storm
water pollution prevention plan
requirements, the permittee is required
to attach a copy of the NPDES permit
issued for metal acid baths, sludge
disposal, scrap disposal or recycling or,
if an NPDES permit has not yet been
issued, a copy of the pending
.application plan. Facilities that pretreat
and discharge the waste water into a
POTW system must notify the operator
and a copy of the notification must be
attached to the plan. With regard to all
the acid baths, wash waters, and any
other non-storm water discharges must
be considered in the plan. Some
.facilities may use retention ponds,
recycling, collecting and hauling as
methods of disposal. Other facilities
discharge into separate storm sewer
systems. In these instances, the facility
is required to attach the disposal plans
and operations to the plan.
:6. Storm Water Pollution Prevention
Plan Requirements
Each storm water pollution
prevention plan must stipulate
activities, materials, and physical
features of the facility that may
contribute pollutants to storm water
runoff or, dining periods of dry weather,
result in dry weather flows. The metals
fabricating industry plan focuses
primarily on storage areas, unloading
and loading areas, and any other areas
where outside operations occur.
Under the description of measures
and controls in the storm water
pollution prevention plan requirements,
facilities are required to address the
identified pollutant sources by
identifying and implementing
appropriate storm water pollution
management controls. Such controls
much address the areas listed below, as
appropriate.
a. Facility Areas to be Addressed in
the Storm Water Pollution Prevention
Plan.
(1) Metal Fabricating Areas. These
areas should be kept clean by frequent
sweeping to avoid heavy accumulation
of steel ingots, fines, and scrap. Dust is
a byproduct of many processes in the
fabricating areas and therefore should be
absorbed through a vacuum system to
avoid accumulation on roof tops and
onto the ground. Tracking of metal dusts
and metal fines outdoors may be
minimized by employing these
management practices: sweep on a
regular basis all accessible paved areas;
maintain floors in a clean and dry
condition; remove waste and dispose of
regularly; remove obsolete equipment
expeditiously; sweep fabrication areas;
and train employees on good
housekeeping measures.
(2) Storage Areas for Raw Metal. The
storage of raw materials should be under
a covered area whenever possible and
protected from contact with the ground.
The amount of material stored should be
minimized to avoid corrosive activity
from long-term exposed materials.
Diking or berming the area to prevent or
minimize runon may be considered.
Long-term exposure to weather
conditions results in oxidation of the
metals. Also, dirt, oil, and grease
buildup on the metal are potential
sources of pollutants. The following
measures should be considered: check
raw metals for corrosion; keep area neat
and orderly, stack neatly on pallets or
off the ground; and cover exposed
materials.
(3) Receiving, Unloading, and Loading
Areas. These areas should be enclosed
where feasible using either curbing,
berming, diking or other accepted
containment systems in case of spills
during delivery of chemicals such as
lubricants, coolants, rust preventatives,
solvents, oil, sodium hydroxide,
hydrochloric acid, calcium chloride,
polymers, sulfuric acid, and other
chemicals used in the metal fabricating
processes. Directing roof down spouts
away from loading sites and equipment
and onto grassy or vegetated areas
should help prevent storm water
contamination by pollutants that have
accumulated in these areas. The
following measures' should be
considered: clean up spills immediately;
check for leaks and remedy problems
regularly; and unload under covered
areas when possible.
(4) Storage of Heavy Equipment.
Vehicles should be stored indoors when
possible. If stored outdoors the use of
gravel, concrete or other porous surfaces
should be considered to minimize or
prevent heavy equipment from creating
ditches or other conveyances that would
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
cause sedimentation runoff and increase
TSS loadings. Also directing the flow
toward the area by the use of grass
swales or filter strips will reduce the
runoff of materials. Directing drainage
systems away from high traffic areas
into collection systems will help to
reduce the TSS loadings caused by
exposed and eroding open areas. The
following measures should be
considered: clean prior to storage or
store under cover; store indoors; and
divert drainage to the grass swales, filter
strips, retention ponds, or holding
tanks.
(5) Metal Working Fluid Areas. Due to
the toxicity of metal working fluids as
well as the contamination of fluids by
metal fines and dusts, spillage and loss
of metal working fluids used to cleanse
or prepare the steel components should
be controlled throughout the process.
Collection systems and storage areas
need special consideration. The
following measures should be
considered: store used metal working
fluid with fine metal dust indoors; use
tight sealing lids on all fluid containers;
use straw, clay absorbents, sawdust, or
synthetic absorbents to confine or
contain any spills, or other absorbent
material; and establish recycling
programs for used fluids when possible.
(6) Unprotected Liquid Storage Tanks.
Storing these tanks (this does not
include products that are gaseous at
atmospheric pressure) indoors will
reduce potential waste or spills from
contaminating storm water. Berming
outdoor areas when unable to store
inside will contain potential pollutants.
Cleaning up spills is essential to
minimizing buildup in these areas. EPA
believes that this will significantly
reduce the potential for major
discharges into the water of the United
States during storm runoff. The
following measures should be
considered: cover all tanks whenever
possible; berm tanks whenever possible;
dike area or install grass filters to
contain spills; keep area clean; and
check piping, valves and other related
equipment on a regular basis.
(7) Chemical Cleaners and Rinse
Water. Proper disposal and use of
cleaners in various activities will
minimize the amount of liquid exposed
to storm water by reducing the need to
store contaminated liquids for an
extended period of time. Controlling
potential contamination of pollutants by
employing simple control devices
during the activity will prevent
potential contamination in storm water
runoff. Recycling or reuse of these
materials whenever possible serves as a
source reduction by reducing the
necessary amount of new materials. The
following measures should be
considered: use drip pans and other
spill devices to collect spills or solvents
and other liquid cleaners; recycle waste
water; store recyclable waste indoors or
in covered containers; and substitute
nontoxic cleaning agents when possible.
(8) Raw Steel Collection Areas. The
collection areas must be kept clean.
Materials should be kept in a covered
storage bin or kept inside until pickup.
The use of pitched-structures should be
considered. The following measures
should be considered: collect scrap
metals, fines, iron dust and store under
cover and recycle.
(9) Paints and Painting Equipment.
Facilities using tarps, drip pans, or other
spill collection devices to contain and
collect spills of paints, solvents or other
liquid material. Blasting in windy
weather increases the potential for
runoff. Enclosing outdoor sanding areas
with tarps or plastic sheeting contains
the metal fines. Immediate collection of
any waste and proper disposal may
significantly contribute to the reduction
of storm water runoff. Training
employees to use the spray equipment
properly may reduce waste and decrease
the likelihood of accidents, as well as,
reduce the amount of solvents needed to
complete the job. The following
measures should be considered: paint
and sand indoors when possible; avoid
painting and sandblasting operations
outdoors in windy weather conditions;
if done outside, enclose sanding and
painting areas with tarps or plastic
sheeting; and use water-based paints
when possible.
(10) Vehicle and Equipment
Maintenance Areas. Changing fluids or
parts should be done indoors when
possible. If maintenance is performed
outdoors, fluids used in maintaining
these vehicles should be contained in
the area by using drip pans, large plastic
sheets, canvas or other similar controls
under the vehicles, or berming the area.
Hydraulic fluids should be properly
stored to prevent leakage and storm
water contamination. The following
measures should be considered: berm
area or use other containment device to
control spills; use drip pans, plastic
sheeting and other similar controls; and
discard fluids properly or recycle if
possible.
(11) Hazardous Waste Storage Areas.
All hazardous waste must be stored in
sealed drums. Establishing centralized
drum-storage satellite areas throughout
the complex to store these materials will
decrease the potential for mishandling
drums. Berming the enclosed structures
is added protection in case of spills.
Spills or leaks that are contained within
an area are easier to contain and prevent
storm water contamination or runoff.
Checks for corrosion and leakage of
storage containers is important. Proper
labeling for proper handling should be
considered. All other applicable
Federal, State, and local regulations
must be followed. The following
measures should be considered: store
indoors; label materials clearly; check
for corrosion and leaking; properly
dispose of outdated materials; dike or
use grass swales, ditches or other
containment to prevent runon or runoff
in case of spills; post notices prohibiting
dumping of materials into storm drains;
store containers, drums, and bags away
from direct traffic routes; do not stack
containers in such a way as to cause
leaks or damage to the containers; use
pallets to store containers when
possible; store materials with adequate
space for traffic without disturbing
drums; maintain low inventory level of
chemicals based on need.
(12) Transporting Chemicals to
Storage Areas. Proper handling of
drums is needed to avoid damaging
drums causing leaks. Storage areas
should be as close as possible to
operational buildings. The following
measures should be considered: forklift
operators should be trained to avoid
puncturing drums; store drums as close
to operational building as possible; and
label all drums with proper warning and
handling instructions.
(13) Finished Products (Galvanized)
Storage. Improper storage of finished
products can contribute pollutants to
storm water discharges. Materials
should be stored in such a way to
minimize contact with precipitatipn and
runoff. The following measures should
be considered: store finished products
indoors, on a wooden pallets concrete
pad, gravel surface, or other impervious
surface.
(14) Wooden Pallets and Empty
Drums. The following measures should
be considered: clean contaminated
wooden pallets; cover empty drums;
cover contaminated wooden pallets;
store drums and pallets indoors; clean
empty drums; and store pallets and
drums on concrete pads.
(15) Retention Ponds (Lagoon).
Creating and maintaining retention
ponds as a treatment system for settling
out TSS would help to reduce the
concentrations of these pollutants in
storm water runoff. The following
measures should be considered: provide
routine maintenance; remove excess
sludge periodically; and aerate
periodically to maintain pond's aerobic
character and ecological balance.
b. Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
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51053
and content of comprehensive site
evaluations that qualified personnel will
conduct to (1) confirm the accuracy of
the description of potential pollution
sources contained in the plan, (2)
determine the effectiveness of the plan,
and (3) assess compliance with the
terms and conditions of this section.
Comprehensive site compliance
evaluations should he conducted at least
once a year. The individual or
individuals that will conduct the
evaluations must he identified in the
plan and should he members of the
pollution prevention team. Evaluation
reports must be retained for at least 3
years after the date of the evaluation.
Based on the results of each
evaluation, the description of potential
pollution sources, and measures and
controls, the plan must be revised as
appropriate within 2 weeks after each
evaluation. Changes in the measures
and controls must be implemented on
the site in a timely manner, and never
more than 12 weeks after completion of
the evaluation.
7. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B. of today's permit.
8. Monitoring and Reporting
Requirements
o. Analytical Monitoring
Requirements. EPA believes that
fabricated metal and processing
facilities may reduce the level of
pollutants in storm water runoff from
their sites through the development and
proper implementation of the storm
water pollution prevention plan
requirements discussed in today's final
permit. In order to provide a tool for
evaluating the effectiveness of the
pollution prevention plan and to
characterize the discharge for potential
environmental impacts, Tables AA-5
and AA-6 list the pollutants that
fabricated metal products except coating
and fabricated metal coating and
engraving facilities are required to
analyze for in their storm water
discharges in accordance with the
activities onsite. The pollutants listed in
Tables AA—5 and AA-6 were found to
be above levels of concern for a
significant portion of fabricating
facilities that submitted quantitative
data in the group application process.
Because these pollutants have been
reported at levels of concern from
facilities, EPA is requiring monitoring
after the pollution prevention plan has
been implemented to assess the
effectiveness of the pollution prevention
plan and to help ensure that a reduction'
of pollutants is realized.
Permittees can exercise the alternative
certification on a pollutant-by-pollutant
basis as described under Section 8.b. If
there are any pollutant(s) for \vhich the
facility is unable to certify to no
exposure the facility must, at a
minimum, monitor storm water
discharges on a quarterly basis during
the second year of permit coverage.
Samples must be collected at least once
in each of the following periods: January
through March; April through June; July
through September; and October
through December. At the end of the
second year of permit coverage, a
facility must calculate the average
concentration for each parameter listed
in the applicable table (Table AA-5 or
Table AA-6). If the permittee collects
more than four samples in this period,
then they must calculate an average
concentration for each pollutant of
concern for all samples analyzed.
TABLE AA-5.—MONITORING REQUIRE-
MENTS FOR FABRICATED METAL
' PRODUCTS EXCEPT COATING
Pollutants of concern
Total Recoverable Iron
Total Recoverable Zinc
Total Recoverable Aluminum
Nitrate plus Nitrite Nitrogen ...
Monitoring
cut-off con-
centration
1.0 mg/L.
0.117 mg/L
0.75 mg/L.
0.68 mg/L.
TABLE AA-6.—MONITORING REQUIRE-
MENTS FOR FABRICATED METAL
COATING AND ENGRAVING
Pollutants of concern
Total Recoverable Zinc
Nitrate plus Nitrite Nitrogen ....
Monitoring
cut-off con-
centration
0.117 mg/L
0.68 mg/L.
If the average concentration for a
parameter is less than or equal to the
appropriate cut-off concentration, then
the permittee is not required to conduct
quantitative analysis for that parameter
during the fourth year of the permit. If,
however, the average concentration for
a parameter is greater than the cut-off
concentration listed in Table AA-5 or
Table AA-6, then the permittee is
required to conduct quarterly
monitoring for that parameter during the
fourth year of permit coverage.
Monitoring is not required during the
first, third, and fifth year of the permit.
The exclusion from monitoring in the
fourth year of the permit is conditional
on the facility maintaining industrial
operations and BMPs that will ensure a
quality of storm water discharges
consistent with the average
concentrations recorded during the
second year of the permit.
TABLE AA-7.—SCHEDULE OF MONITORING
2nd Year of Permit Cov-
erage.
4th Year of Permit Cov-
erage.
Conduct quarterly monitoring.
Calculate the average concentration for all parameters analyzed during this period.
If average concentration Is greater than the value listed in Tables AA-5 or AA-6, then quarterly sampling is re-
quired during the fourth year of the permit.
If average concentration is less than or equal to the value listed In Tables AA-5 or AA-6, then no further sam-
pling is required for that parameter.
Conduct quarterly monitoring for any parameter where the average concentration in year 2 of the permit is
greater than the value listed in Tables AA-5 or AA-6.
If industrial activities or the pollution prevention plan have been altered such that storm water discharges may
be adversely affected, quarterly monitoring is required for all parameters of concern.
In cases where the average
concentration of a parameter exceeds
the cut-off concentration, EPA expects
permittees to place special emphasis on
methods for reducing the presence of
those parameters in storm water
discharges. Quarterly monitoring in the
fourth year of the permit will reassess
the effectiveness of the adjusted
pollution prevention plan.
The monitoring cut off concentrations
listed in Tables AA-5and AA-6 are not
numerical effluent limitations. These
values represent a level of pollutant
discharge which facilities may achieve
through the implementation of pollution
prevention plans. At least half of the
facilities which submitted Part 2 data,
reported concentrations greater than or
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51O54 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
equal to the values listed in the
applicable table (Tables AA-5 or AA-6).
Facilities that achieve average discharge
concentrations which are less than or
equal to the appropriate cut-off
concentration values are not relieved
from the pollution prevention plan
requirements or any other requirements
of the permit.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly chemical sampling.
b. Alternative Certification.
Throughout today's permit, EPA has
included monitoring requirements for
facilities which the Agency believes
have the potential for contributing
significant levels of pollutants to storm
water discharges. The alternative
described below is necessary to ensure
that monitoring requirements are only
imposed on those facilities that do, in
fact, have storm water discharges
containing pollutants at concentrations
of concern. EPA has determined that if
materials and activities are not exposed
to storm water at the site, then the
potential for pollutants to contaminate
storm water discharges does not warrant
monitoring.
Therefore, a discharger is not subject
to the monitoring requirements of this
Part provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
monitoring described in Tables AA-5
and AA-6, 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 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. hi the case of
certifying that a pollutant is not present,
the permittee must submit the
certification along with the monitoring
reports required under paragraph c
below. If the permittee cannot certify for
an entire period, they must submit the
date exposure was eliminated and any
monitoring required up until that date.
This certification option is not
applicable to compliance monitoring
requirements associated with effluent
limitations. EPA does not expect
facilities to be able to exercise this
certification for indicator parameters,
such as TSS and BOD.
c. Reporting Requirements. Permittees
are required to submit all monitoring
results obtained during the second and
fourth year of permit coverage within 3
months of the conclusion of each year. •
For each outfall, one signed Discharge
Monitoring Report Form must be
submitted per storm event sampled. For
facilities conducting monitoring beyond
the minimum quarterly requirements an
additional Discharge Monitoring Report
Form must be filed for each analysis.
d. Sample Type. All discharge data
shall be reported for grab samples. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
If storm water discharges associated
with industrial activity commingle with
process or non-process water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
e. 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially-identical
effluent. 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.
/. Quarterly Visual Examination of
Storm Water Quality. Quarterly visual
examinations of storm water discharges
from each outfall are required at
fabricated metal products facilities. The
examinations must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, or other obvious indicators of
storm water pollution. The
examinations must be conducted in a
well lit area. No analytical tests are
required to be performed on these
samples.
The examination must be made at
least once in each of the following
periods during daylight, unless there is
insufficient rainfall or snow-melt to
runoff: January through March; April
through June; July through September;
and October through December. Where
practicable, the same individual should
carry out the collection and examination
of discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Grab samples shall
be collected within the first 30 minutes
(or as soon thereafter as practical, but
not to exceed 60 minutes) of when the
runoff begins discharging. Reports of the
visual examination include: the
examination date and time, examination
personnel, visual quality of the storm
water discharge, and probable sources of
any observed storm water
contamination. The visual examination
reports must be maintained onsite with
the pollution prevention plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
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51055
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will allow the
permittee to approximate the
effectiveness of his/her plan on a regular
basis at very little cost. Although the
visual examination cannot assess the
chemical properties of the storm water
discharged from the site, the
examination will provide meaningful
results upon which the facility may act
quickly. The frequency of this visual
examination will also allow for timely
adjustments to be made to the plan. If
BMPs are performing ineffectively,
corrective action must be implemented.
A set of tracking or follow-up
procedures must be used to ensure that
appropriate actions are taken in
response to the examinations. The
visual examination is intended to be
performed by members of the pollution
prevention team. This hands-on
examination will enhance the staffs
understanding of the storm water
problems on mat site and the effects of
the management practices that are
included in the plan.
AB. Storm Water Discharges Associated
With Industrial Activity From Facilities
That Manufacture Transportation
Equipment, Industrial, or Commercial
Machinery
1. Industry Profile
On November 16,1990 (55 FR 47990),
EPA promulgated the regulatory
definition of "storm water discharge
associated with industrial activity."
This definition includes point source
discharges of storm water from eleven
categories of facilities, including"* * *
(xi) facilities classified as Standard
Industrial Classification (SIC) codes
* * * 35 (except SIC 357), 37 (except
SIC 373),* * *" Facilities eligible for
coverage under this section of today's
permit include the following
manufacturing facilities: engines and
turbines (SIC Code 351); farm and
garden machinery and equipment (SIC
Code 352); construction, mining, and
materials handling machinery and
equipment (SIC Code 353);
metalworking machinery and
equipment (SIC Code 354); special
industry machinery, except
metalworking machinery (SIC Code
355); general industrial machinery and
equipment (SIC Code 356); refrigeration
and service industry machinery (SIC
Code 358); miscellaneous industrial and
commercial machinery and equipment
(SIC Code 359); motor vehicles and
motor vehicle equipment (SIC Code
371); aircraft and parts (SIC Code 372);
motorcycles, bicycles, and parts (SIC
Code 375); guided missiles and space
vehicles and parts (SIC Code 376); and
miscellaneous transportation equipment
(SIC Code 379).
This section establishes special
conditions for storm water discharges
associated with industrial activities at
facilities which manufacture
transportation equipment, industrial or
commercial machinery. The SIC codes
of these facilities are in category (xi) of
the definition of storm water discharges
associated with industrial activity.
Storm water discharges from facilities in
this category are only regulated where
precipitation or storm water runon come
into contact with areas associated with
industrial activities, and significant
materials. Significant materials include,
but are not limited to, raw materials,
waste products, fuels, finished products,
intermediate products, by-products, and
other materials associated with
industrial activities.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
There are approximately 14,000
facilities which handle and process
ferrous and nonferrous metals to
manufacture transportation equipment,
industrial or commercial machinery.
These facilities vary in size, age, number
of employees and the types of
operations performed. The
manufacturing processes for these
facilities are similar, although the
finished products may vary. The general
manufacturing process is conducted
indoors, and includes activities such as
cutting, shaping, grinding, cleaning,
coating, forming, and finishing. Specific
processes are referred to as "unit
operations," and there are
approximately 45 unit operations
utilized by facilities that manufacture
transportation equipment, industrial, or
commercial machinery. Since these
operations occur predominately
indoors, contamination of storm water
discharges from the manufacturing
process is unlikely. Unit operations
include the following: electroplating,
electroless plating, anodizing, chemical
conversion coating, etching and
chemical milling, cleaning, machining,
grinding, polishing, barrel finishing,
burnishing, impact deformation,
pressure deformation, shearing, heat
treating, thermal cutting, welding,
brazing, soldering, flame spraying, sand
blasting, abrasive jet machining,
electrical discharge machining,
electrochemical machining, electron
beam machining, laser beam machining,
plasma arc machining, ultrasonic
machining, sintering, laminating, hot
dip coating, sputtering, vapor plating,
thermal infusion, salt bath descaling,
solvent degreasing, paint stripping,
painting, electrostatic painting,
electropainting, vacuum metallizing,
assembly, calibration, testing, and
mechanical plating.
Facilities which manufacture
transportation equipment, industrial
and commercial machinery will utilize
many of the same unit operations listed
above. Aside from the specific unit
operations, other types of industrial
activity are shared by facilities covered
by this section. For example, the
majority of these facilities have outdoor
material handling and storage activities,
and share the same types of raw, scrap,
and waste materials.
The primary raw materials utilized by
this industry group include ferrous and
nonferrous metals, such as aluminum,
copper, iron, steel and alloys of these
metals; either in raw form or as
intermediate products. These metals are
typically received at loading/unloading
docks and are taken to outdoor storage
areas (e.g., stockpiles, holding bins)
before manufacturing.
Besides metals, other raw materials
are utilized in the manufacturing
process. These materials include paints,
solvents (e.g., paint thinners,
degreasers), chemicals (e.g., acids, bases,
liquid gases), fuels (e.g., gasoline and
diesel fuel), lubricating and cutting oils,
and plastics. These materials are
typically stored in bins, tanks, and/or 55
gallon drums outdoors on wooden
pallets or concrete pads. They are used
during the unit operations to cool and
lubricate the metals (oils), clean metal
parts (solvents, acids, bases), and coat
metal parts before shipment (plastics,
paints). Intermediate products are also
sometimes stored outdoors before
shipment or further manufacturing.
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51056
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
These products may have residues of
oils, solvents and metal particles, which
are potential sources of pollutants to
storm water discharges. Similarly, scrap
metal will have the same residues, and
is almost always stored outdoors in bins
before being sold to scrap metal
recyclers.
The manufacturing process produces
several types of hazardous and
nonhazardous wastes. Hazardous wastes
including paint wastes, solvent wastes,
and sludge wastes are generated in
small quantities at the facilities within
this industrial group. Paint wastes result
from painting operations and consist of
paints and paint thinners. Solvent
wastes result from metal cutting,
shaping, and cleaning operations. As the
metals are manufactured into different
parts and treated with various
chemicals, the different assembly parts
must be cleaned with solvents to
remove any chemical residues and
rinsed with water. The metal parts are
subject to more cleaning with detergents
to remove the solvents and chemical
• residues and rinsed again with water to
remove the detergents. Sludge wastes
are generated when wastewater
discharges from painting, plating,
finishing and parts cleaning operations
are treated, and is generally shipped
offsite for disposal. Hazardous wastes
are stored in 55 gallon drums outdoors
before shipment and may be exposed to
storm water discharges.
Nonhazardous wastes from this
industry group include glass, tires, used
wooden pallets, used equipment and
machinery, as well as plastics and
rubber wastes. All of these waste
materials are stored outdoors and have
the potential to pollute storm water
discharges. Storm water runoff from
these materials could include solids,
oils, solvents and other pollutants
generated in the manufacturing process.
Air emissions from stacks and
ventilation systems are potential areas
for exposure of materials to storm water
discharges. Facilities which have high
levels of engine exhaust from the
manufacturing equipment, paint
residue, and particulates in fumes from
metal processing activities such as
cutting, grinding, shaping, and welding,
are subject to having particulate in the
air emissions that may pollute storm
water discharges.
Material handling activities such as
loading and unloading areas may be
exposed to storm water discharges.
These are areas where significant
materials are received and shipped at
the facilities. Exposure of these
materials to storm water may be
minimized by having shipping/
receiving areas under cover.
For those facilities engaged in fueling
and vehicle maintenance, gasoline and
diesel fuel are frequently stored
outdoors in aboveground storage tanks
and 55 gallon drums. Most vehicles and
equipment also require oil, hydraulic
fluids,.antifreeze, and other fluids that
may leak and contaminate storm water
discharges. The discharges from these
areas are addressed elsewhere in today's
permit.
2. Pollutants Found in Storm Water
Discharges From Facilities Which
Manufacture Transportation Equipment,
Industrial or Commercial Machinery
The impact of industrial activities at
facilities which manufacture
transportation equipment, industrial or
commercial machinery on storm water
discharges will vary. Factors at a site
which influence the water quality
include geographic location,
hydrogeology, the industrial activities
exposed to storm water discharges, the
facility's size, the types of pollution
prevention measures/best management
practices in place, and the type,
duration, and intensity of storm events.
Taken together or separately, these
factors determine how polluted the
storm water discharges will be at a given
facility. For example, scrap piles may be
a significant source of pollutants at
some facilities, while particulate stack
emissions may be the primary pollutant
source at others. Additionally, pollutant
sources other than storm water, such as
illicit connections, spills, and other
improperly dumped materials, may
increase the pollutant loading
discharged into Waters of the United
States.
Table AB-1 lists industrial activities
that commonly occur at transportation
equipment, industrial or commercial
machinery manufacturers, the pollutant
sources at these facilities, and pollutants
that are associated with these activities.
Table AB-1 identifies oil and grease,
TSS, organics, and other parameters as
potential pollutants associated with
facilities covered by this section.
TABLE AB-1.—DESCRIPTION OF INDUSTRIAL ACTIVITIES, POTENTIAL POLLUTANT SOURCES, AND POSSIBLE POLLUTANTS
Activity
Outdoor Material Loading/Unloading
Outdoor Material and Equipment
Storage.
Pollutant source
Wooden pallets, castings, foundry sand, limestone,
spills/leaks from material handling equipment,
solvents.
Foundry sand, limestone, used equipment, above
ground tanks, scrap metal, oil and grease, raw
materials (e.g., aluminum, steel, iron, copper),
castings, solvents, acids, and paints.
Pollutants
TSS, turbidity, dust, oil and grease, organics.
TSS, turbidity, dust, oil and grease, heavy metals,
and organics.
Source: NPDES Storm Water Group Applications—Part 1. Received by EPA, March 18,1991 through December 31, 1992.
Based on the similarities of the
facilities included in this sector in terms
of industrial activities and significant
materials, EPA believes it is appropriate
to discuss the potential pollutants at
industrial and commercial machinery
and transportation equipment
manufacturing facilities as a whole and
not subdivide this sector. Therefore,
Table AB-2 lists data for selected
parameters from facilities in the
industrial and commercial machinery
and transportation equipment
manufacturing sector. These data
include the eight pollutants that all
facilities were required to monitor for
under Form 2F, as well as any
additional pollutants with median
concentrations higher than the
benchmarks.
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51057
TABLE AB-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY INDUSTRIAL AND COMMERCIAL MACHINERY AND
TRANSPORTATION EQUIPMENT MANUFACTURING FACILITIES SUBMITTING PART II SAMPLING DATA! (mg/L)
Pollutant
Svnpk)typ«
BQOj., „„,. , „.
COO
NHmta + NMa Nttfogon _....-, ..
Total Kjcktohl Ntogon
08 & Graaio . .„.
pH „.
Total Phosphorus .««««.«.««».».«..
ToW Suspended Solids ™.»
Zinc. Total _._
No. of facilities
Grab
118
119
119
118
122
113
120
117
61
Comp n
113
114
113
113
N/A
N/A
115
112
57
No. of samples
Grab
207
204
206
204
213
201
206
203
109
Comp
199
194
193
194
N/A
N/A
198
194
103
Mean
Grab
12.5
68.2
1.13
2.30
7.1
N/A
0.50
153
0.515
Comp
7.32
47.20
1.20
1.68
N/A
N/A
0.48
97
0.354
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
4.1
0.00
0
0.000
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.00
0
0.000
Maximum
Grab
513.0
940.0
19.20
55.00
223.0
9.1
42.00
6453
8.800
Comp
226.0
610.0
28.0
30.0
N/A
N/A
19.0
.3600
9.000
Median
Grab
6.0
37.6
0.58
1.30
0.0
7.1
0.15
30
0.21
Comp
5.0
30.50
0.46
1.00
N/A
N/A
0.13
19
0.14
95th percentile
Grab
33.3
228.9
4.00
6.57
28.1
8.6
1.21
507
2.070
Comp
23.10
142.4
3.74
4.57
N/A
N/A
1.17
339
1.836
99th percentile
Grab
63.8
469.7
8.79
12.68
92.6
9.5
2.70
1501
5.443
Comp
43.90
261.9
8.43
8.11
N/A
N/A
2.66
1022
5.297
'AppSceiorj (hit did not report Ins units of measurement for the reported values of pollutants were not included in these statistics. Values reported as nondetect or below detection limit were
uiumtdlobeO.
* Composite umpte. ' ' ' "
3. Options for Controlling Pollutants
In evaluating options for controlling
pollutants in storm water discharges,
EPA must achieve compliance with the
technology-based standards of the Clean
Water Act (Best Available Technology
(BAT) and Best Conventional
Technology). The Agency does not
believe that it is appropriate to establish
specific numeric effluent limitations or
a specific design or performance
standard in this sections for storm water
discharges associated with industrial
activity from facilities which
manufacture transportation equipment,
industrial or commercial machinery to
meet BAT/BCT standards of the Clean
Water Act. Instead, this section
establishes requirements for the
development and implementation of
site-specific storm water pollution
prevention plans consisting of a set of
Best Management Practices (BMPs) that
are sufficiently flexible to address
different sources of pollutants at
different sites.
Certain BMPs are implemented to
prevent and/or minimize exposure of
pollutants from industrial activities to
storm water discharges. EPA believes
tho most effective BMPs for reducing
pollutants in storm water discharges are
exposure minimization practices.
Exposure minimization practices lessen
the potential for storm water to come
into contact with pollutants. Good
housekeeping practices ensure that
facilities are sensitive to routine and
nonroutine activities which may
increase pollutants in storm water
discharges. The BMPs which address
good housekeeping and exposure
minimization are easily implemented,
inexpensive, and require little, if any,
maintenance. BMP expenses may
include construction of roofs for storage
areas or other forms of permanent cover
and the installation of berms/dikes.
Other BMPs such as detention/retention
ponds and filtering devices may be
needed at these facilities because of the
contaminant level in the storm water
discharges. The types of BMPs
implemented will depend on the type of
discharge, types and concentrations of
contaminants, and the volume of the
flow.
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location, geology/
hydrology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, the fate and
transport of pollutants in these
discharges will vary. EPA believes that
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
transportation equipment, industrial or
commercial machinery manufacturers.
Part 1 group application data indicate
that BMPs have not been widely
implemented at the representative
sampling facilities. Less than 25 percent
of the sampling subgroup reported that
they store some materials indoors; less
than 10 percent cover loading areas,
dumpsters, drums, or above ground
tanks; less than 5 percent of the
representative facilities utilize waste
minimization practices (e.g., recycling
or reusing materials).101 Because BMPs
described in part \ data are limited, the
following table is provided to identify
BMPs that should be considered at
facilities which manufacture
transportation equipment, industrial or
commercial machinery.
TABLE AB-3.—GENERAL STORM WATER BMPs FOR FACILITIES WHICH MANUFACTURE TRANSPORTATION EQUIPMENT,
INDUSTRIAL, OR COMMERCIAL MACHINERY
Activity
Best management practices (BMPs)
Outdoor Unloading and Loading
Outdoor Material Storage (Including waste, and
particulate emission management).
Confine loading/unloading activities to a designated area.
Consider performing loading/unloading activities indoors or in a covered area.
Consider covering loading/unloading area with permanent cover (e.g., roofs) or temporary
cover (e.g., tarps).
Close storm drains during loading/unloading activities in surrounding areas.
Avoid loading/unloading materials in the rain.
Inspect the unloading/loading areas to detect problems before they occur.
Inspect all containers prior to loading/unloading of any raw or spent materials.
Consider berming, curbing, or diking loading/unloading areas.
Use dry clean-up methods instead of washing the areas down.
Train employees on proper loading/unloading techniques.
Confine storage of materials, parts, and equipment to designated areas.
ercentages were based on the
Information reported in the Part 1 group
applications. However, some facilities which utilize
these BMPs as part of their daily activities may not
recognize these practices as BMPs and as a result
did not report this information ifi their applications.
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TABLE AB-3.—GENERAL STORM WATER BMPs FOR FACILITIES WHICH MANUFACTURE TRANSPORTATION EQUIPMENT,
INDUSTRIAL, OR COMMERCIAL MACHINERY—Continued
Activity
Best management practices (BMPs)
Consider curbing, berming, or diking all liquid storage areas.
Train employees on proper waste control and disposal.
Consider covering tanks.
Ensure that all containers are closed (e.g., valves shut, lids sealed, caps closed).
Wash and rinse containers indoors before storing them outdoors.
If outside or in covered areas, minimize runon of storm water by grading the land to divert flow
away from containers.
Inventory all raw and spent materials.
Clean around vents and stacks.
Place tubs around vents and stacks to collect particulate.
Inspect air emission control systems (e.g., baghouses) regularly, and repair or replace when
necessary.
Store wastes in covered, leak proof containers (e.g., dumpsters, drums).
Consider shipping all wastes to offsite landfills or treatment facilities.
Ensure hazardous waste disposal practices are performed in accordance with Federal, State,
and local requirements.
Sources: NPDES Storm Water Group Applications—Part 1. Received by EPA, March 18,1991 through December 31, 1992.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best
Management Practices." EPA 832-R-92-006.
4. Special Conditions
There are no additional requirements
under this section other than those .
stated in Part III of today's permit.
5. Storm Water Pollution Prevention
Plan Requirements
EPA believes that pollution
prevention is the most effective
approach for controlling contaminated
storm water discharges from facilities
which manufacture transportation
equipment, industrial or commercial
machinery. The requirements included
in the pollution prevention plans
provide a flexible framework for the
development and implementation of
site-specific controls to minimize the
pollutants in storm water discharges.
This flexibility is necessary because
each facility is unique in that the
source, type, and volume of
contaminated storm water discharge
will vary from site to site.
Under today's permit, all facilities
must prepare and implement a storm
water pollution prevention plan. The
pollution prevention plan requirement
reflects EPA's decision to allow
operators of transportation equipment,
industrial or commercial machinery
manufacturing facilities to utilize BMPs
as the BAT/BCT level of control for the
storm water discharges covered by this
section.
There are two major objectives of a
pollution prevention plan: 1) to identify
sources of pollution potentially affecting
the quality of storm water discharges
associated with industrial activity from
a facility; and 2) to describe and ensure
implementation of practices to
minimize and control pollutants in
storm water discharges associated with
industrial activity from a facility.
Specific requirements for a pollution
prevention plan for transportation
equipment, industrial or commercial
machinery manufacturing facilities are
described below. These requirements
must be implemented in addition to the
common pollution prevention plan
provisions discussed in section VI.C. of
today's fact sheet.
a. Contents of the Plan. Storm water
pollution prevention plans are intended
to aid operators of transportation
equipment, industrial or commercial
machinery manufacturing facilities to
evaluate all potential prevention sources
at a site, and assist in the selection and
implementation of appropriate measures
designed to prevent, or control, the
discharge of pollutants in storm water
runoff. EPA has developed guidance
entitled "Storm Water Management for
Industrial Activities: Developing
Pollution Prevention Plans and Best
Management Practices," EPA, 1992,
(EPA 832-R-92-006) to assist
permittees in developing and
implementing pollution prevention
measures.
(1) Description of Potential Pollutant
Sources. Each storm water pollution
prevention plan must describe
activities, materials, and physical
features of the facility that may
contribute pollutants to storm water
runoff or, during periods of dry weather,
result in dry weather flows. This
assessment of potential storm water
pollutant source will support
subsequent efforts to identify and set
priorities for necessary changes in
materials, materials management
practices, or site features, as well as aid
in the selection of appropriate structural
and nonstructural control techniques.
Plans must describe the following
elements:
(a) Site Map—The plan must contain
a map of the site that shows the pattern
of storm water drainage, structural and
nonstructural features fiat control
pbllutants in storm water runoff and
process wastewater discharges, surface
water bodies (including wetlands),
places where significant materials102 are
exposed to rainfall and runoff, and •
locations of major spills and leaks that
occurred in the 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under this permit.
The map must also indicate the
direction of storm water flow. An
outline of the drainage area for each
outfall must be provided; and the
location of each outfall and monitoring
points must be indicated. An estimate of
the total site acreage utilized for each
industrial activity (e.g., storage of raw
materials, waste materials, and used
equipment) must be provided. These
areas include liquid storage tanks,
stockpiles, holding bins, used
equipment, and empty drum storage.
102 Significant materials include, "* * * but [are]
not limited to: raw materials, fuels, materials such
as solvents, detergents, and plastic pellets; finished
materials such as metallic products; * * *
hazardous substances designated under section
101(14) of CERCLA; any Chemical facilities are
required to report pursuant to section 313 of Title
HI of SARA; fertilizers; pesticides; and waste
products such as ashes, slag, and sludge that have
the potential to be released with storm water
discharge." (40CFR 122.26(b)(12)). Significant
materials commonly found at transportation
equipment, industrial or commercial machinery
manufacturing facilities include raw and scrap
metals; solvents; used equipment; petroleum based
products; waste materials or by-products used or
created by the facility.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51059
These areas are considered to be
significant potential sources of
pollutants at facilities which
manufacture transportation equipment,
industrial or commercial machinery.
The site map must also indicate the
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls (e.g. storm water
and air conditioner condensate). ha
order to increase the readability of the
map, the inventory of the types of
discharges contained in each outfall
may be kept as an attachment to the site
map.
(b) Inventory of Exposed Materials—
Facility operators are required to
carefully conduct an inspection of the
site to identify significant materials that
are or may be exposed to storm water
discharges. The inventory must address
materials that within 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit have been handled, stored,
processed, treated, or disposed of in a
manner to allow exposure to storm
water. Findings of the inventory must be
documented in detail in the pollution
prevention plan. At a minimum, the
plan must describe the method and
location of onsite storage or disposal;
practices used to minimize contact of
materials with precipitation and runoff;
existing structural and nonstructural
controls that reduce pollutants in storm
water, existing structural controls that
limit process wastewater discharges;
and any treatment the runoff receives
before it is discharged to surface waters
or through a separate storm sewer
system. The description must be
updated whenever there is a significant
change in the type or amounts of
materials, or material management
practices, that may affect the exposure
of materials to storm water.
(c) Significant Spills and Leaks—The
plan must include a list of any
significant spills and leaks of toxic or
hazardous pollutants that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit.
Significant spills include, but are not
limited to, releases of oil or hazardous
substances in excess of reportable
quantities under Section 311 of CWA
(see 40 CFR Section 110.10 and Section
117.21) or Section 102 of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) (see 40 CFR Section
302.4). Significant spills may also
include releases of oil or hazardous
substances that are not in excess of
reporting requirements and releases of
materials that are not classified as oil or
a hazardous substance.
(d) Non-storm Water Discharges—
Each pollution prevention plan must
include a certification, signed by an
authorized individual, that discharges
from the site have been tested or
evaluated for the presence of non-storm
water, the results of any test and/or
evaluation conducted to detect such
discharges, the test method or
evaluation criteria used, the dates on
which tests or evaluations were
performed, and the onsite drainage
, points directly observed during the test
or evaluation. Pollution prevention
; plans must identify and ensure the
implementation of appropriate pollution
prevention measures for any non-storm
water discharges.
(e) Sampling Data—Any existing data
describing the quality or quantity of
storm water discharges from the facility
must be summarized in the plan. The
description should include a discussion
'' of the methods used to collect and
analyze the data. Sample collection •
points should be identified in the plan
and shown on the site map.
. (f) Summary of Potential Pollutant
Sources—The description of potential
pollutant sources should clearly point to
activities, materials, and physical
features of the facility that have a
reasonable potential to contribute
significant amounts of pollutants to
storm water. Any such activities,
materials, or features must be addressed
by the measures and controls
subsequently described in the plan. In
conducting the assessment, the facility
operator must consider the following
activities: raw materials (liquid storage
.tanks, stockpiles, holding bins), waste
materials (empty drum storage), and
used equipment storage areas. The
assessment must list any significant
pollutant parameter(s) (i.e., total
suspended solids, oil and grease, etc.)
associated with each source.
: (2) Measures and Controls. Permittees
must select, describe, and evaluate the
pollution prevention measures, BMPs,
and other controls that will be
implemented at the facility. Source
reduction measures include preventive
maintenance, spill prevention, good
housekeeping, training, and proper
materials management. If source
reduction is not an option, EPA
supports the use of source control
measures. These include BMPs such as
material covering, water diversion, and
dust control. If source reduction or
source control are not available, then
recycling or waste treatment are other
alternatives. Recycling allows the reuse
of storm water, while treatment lowers
pollutant concentrations prior to
discharge. Since the majority of
transportation equipment, industrial or
commercial machinery manufacturing
occurs indoors, the BMPs identified
above are geared towards only those
activities occurring outdoors or
otherwise have a potential to contribute
pollutants to storm water discharges.
Pollution prevention plans must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each of the potential
pollutant sources will be addressed.
Plans must identify the time during
which controls or practices will be
implemented, as well the effect the
controls or practices will have on storm
water discharges from the site. At a
minimum, the measures and controls
must address the following components:
(a) Good Housekeeping—Permittees
must describe protocols established to
reduce the possibility of mishandling
chemicals or equipment and training
employees in good housekeeping
techniques. Specifics of this plan must
be communicated to appropriate plant
personnel.
(b) Preventive Maintenance—
Permittees are required to develop a
preventive maintenance program that
includes regular inspections and
maintenance of storm water BMPs.
Inspections should assess the
effectiveness of the storm water
pollution prevention plan. They allow
facility personnel to monitor the
components of the plan on a regular
basis. The use of a checklist is
encouraged, as it will ensure that all of
the appropriate areas are inspected and
provide documentation for
recordkeeping purposes.
(c) Spill Prevention and Response
Procedures—Permittees are required to
identify proper material handling
procedures, storage requirements,
containment or diversion equipment,
and spill removal procedures to reduce
exposure of spills to storm water
discharges. Areas and activities which
are high risks for spills at transportation
equipment, industrial or commercial
machinery manufacturing facilities
include raw material unloading and
product loading areas, material storage
areas, and waste management areas.
These activities and areas and their
drainage points must be described in the
plan.
(d) Inspections—Qualified personnel
must inspect designated equipment and
areas of the facility at the proper
intervals specified in the plan. The plan
should identify areas which have the
potential to pollute storm water for
periodic inspections. Records of
inspections must be maintained onsite.
(e) Employee Training—Permittees
must describe, a program for informing
and educating personnel at all levels of
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51060
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
responsibility of the components and
goals of the storm water pollution
prevention plan. A schedule for
conducting this training should be
provided in the plan. Where
appropriate, contractor personnel must
also be trained in relevant aspects of
storm water pollution prevention.
Topics for employee training should
include good housekeeping, materials
management, and spill response
procedures. EPA recommends that
facilities conduct training annually at a
minimum. However, more frequent
training may be necessary at facilities
with high turnover of employees or
where employee participation is
essential to the storm water pollution
prevention plan. :
(f) Recordkeeping and Internal
Reporting Procedures—Permittees must
describe procedures for developing and
retaining records on the status and
effectiveness of plan implementation.
This includes the success and failure of
BMPs implemented at the facility.
(g) Sediment and Erosion Control—
Permittees must identify areas, due to
topography, activities, soils, cover
materials, or other factors that have a
high potential for soil erosion. Measures
to eliminate erosion must be identified
in the plan.
(h) Management of Runoff—
Permittees must provide an assessment
of traditional storm water management
practices that divert, infiltrate, reuse, or
otherwise manage storm water so as to
reduce the discharge of pollutants.
Based on this assessment, practices to
control runoff from these areas must be
identified and implemented as required
by the plan.
(3) Comprehensive Site Compliance
Evaluation. The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
inspections that qualified personnel will
conduct to: (1) Confirm the accuracy of
the description of potential sources
contained in the plan, (2) determine the
effectiveness of the plan, and (3) assess
compliance with the terms and
conditions of this section.
Comprehensive site compliance
evaluations must be conducted once a
year for transportation equipment,
industrial or commercial machinery
manufacturing facilities. The
individual(s) who will conduct the
evaluations must be identified in the
plan and should be members of the
pollution prevention team. Evaluation
reports must be retained for at least 3
years after the date of the evaluation.
Based on the results of each
evaluation, the description of potential
pollution sources, and measures and
controls, the plan must be revised as . ,
appropriate within 2 weeks after each
evaluation. Changes in the measures
and controls must be implemented on
the site in a timely manner, never more
than 12 weeks after completion of the
evaluation.
6. Numeric Effluent Limitation
There are no additional numeric
effluent limitations under this section
other than those included in part V.B of
the permit.
7. Monitoring and Reporting
Requirements
a. Monitoring Requirements. The
regulatory modifications at 40 CFR
122.44 (i)(2) established on April 2,
1992, grant permit writers the flexibility
to reduce monitoring requirements in
storm water discharge permits. EPA has
determined that the potential for storm
water discharges to contain pollutants
above benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
support sampling at facilities that
manufacture transportation equipment,
industrial, or commercial machinery.
Based on a consideration of the BMPs
typically used at these facilities, and
generally low pollutant values from the
application data, EPA believes that the
pollution prevention plan with visual
examinations of storm water discharges
will help to ensure storm water :
contamination is minimized. Under the
Storm Water Regulations at 40 CFR
122.26(b)(14), EPA denned "storm water
• discharge associated with industrial
activity". The focus of today's permit is
to address the presence of pollutants
that are associated with the industrial
activities identified in this definition
and that might be found in storm water
discharges. Under the methodology for
determining analytical monitoring
requirements, described in section
VI.E.l of this fact sheet, zinc is above
the bench mark concentrations for the
industrial and commercial machinery
and transportation equipment sector.
After a review of the nature of industrial
activities and the significant materials
exposed to storm water described by
facilities in this sector, EPA has
determined that the higher . ;
concentrations of zinc are not likely to
be caused by the industrial activity, but
may be primarily due to non-industrial
activities on-site. Today's permit does
not require industrial and commercial
machinery and transportation
equipment facilities to conduct
analytical monitoring for this parameter.
Because permittees are not required to
conduct sampling, they will be able to
focus their resources on developing and
implementing the pollution prevention
plan.
Quarterly visual examinations of a
storm water discharge from each outfall
are required at transportation
equipment, industrial, or commercial
machinery manufacturing facilities. The
examination must be of a grab sample
collected from each storm water outfall.
The examination of storm water grab
samples shall include any observations
of color, odor, turbidity, floating solids,
foam, oil sheen, or other obvious
indicators of storm water pollution. The
examinations must be conducted in a
well lit area. No analytical tests are
required to be performed on these
samples.
The examination must be made at
least once in each designated period
during daylight hours unless there is
insufficient rainfall or snow-melt to
runoff. EPA expects that, whenever
practicable, the same individual should
carry out the collection and examination
of discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Examinations
shall be conducted in each of the
following periods for the purposes of
inspecting storm water quality
associated with storm water runoff and
snow melt: January through March;
April through June; July through
September; October through December.
Grab samples shall be collected within
the first 30 minutes (or as soon
thereafter as practical, but not to exceed
1 hour) of when the runoff begins .
discharging. Reports of the visual
include: the examination date and time,
examination personnel, visual quality of
the storm water discharge, and probable
sources of any observed storm water
contamination. The visual examination
reports must be maintained onsite with
the pollution prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical,
properties of the storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual examination
will also allow for timely adjustments to
be made to the plan. If BMPs are
performing ineffectively, corrective
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51061
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
examinations. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
\Vhen a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
As discussed above, EPA does not
believe that chemical monitoring is
necessary for facilities that manufacture
transportation equipment, industrial, or
commercial machinery. EPA believes
that between quarterly visual
examinations and site compliance
evaluations potential sources of
contaminants can be recognized,
addressed, and then controlled with
BMPs. In determining the monitoring
requirements, EPA considered the
nature of the industrial activities and
significant materials exposed at these
sites, and performed a review of data
provided in Part 2 group applications.
AC. Storm Water Discharges Associated
With Industrial Activity From Facilities
That Manufacture Electronic and
Electrical Equipment and Components,
Photographic and Optical Goods
1. Discharges Covered Under This
Section
This sector covers storm water
discharges associated with industrial
activity from electronic and electrical
equipment manufacturing facilities (SIC
major group 36); measuring, analyzing,
and controlling instruments,
photographic, medical and optical
goods, and watches and clocks
manufacturing facilities (SIC major
group 38); and computer and office
equipment manufacturing facilities (SIC
357).
More specifically, the group of
electronic and electrical equipment and
components manufacturers includes
manufacturers of electricity distribution
; equipment such as transformers and
switch-gear, electrical industrial
equipment such as motors and
generators, household appliances,
electric lighting and wiring equipment
such as light bulbs and lighting fixtures,
and audio and video equipment
including phonograph records and
audio tapes and disks. Also included are
manufacturers of communication
equipment including telephone and
telegraph equipment, radio and
television equipment, electronic
components such as printed circuit
boards and semiconductors and related
devices, and miscellaneous electrical
items such as batteries and electrical
equipment for automobiles.
The group of analyzing, and
, controlling instruments, photographic,
medical and optical goods, and watches
and clocks manufacturers includes
facilities which manufacture search,
detection, navigation, or guidance
systems such as radar and sonar
equipment, measurement and control
instruments and laboratory apparatus,
surgical, medical and dental
instruments and supplies, photographic
equipment and supplies, and watches
and clocks.
The computer and office equipment
manufacturers group includes
manufacturers of computers, computer
storage devices, and peripheral
equipment for computers such as
printers and plotters. Manufacturers of
, miscellaneous office machines are also
included in this group.
The SIC codes of the facilities covered
by this section are in category (xi) of the
definition of storm water discharges
associated with industrial activity.
Storm water discharges from facilities in
this category are only regulated where
precipitation and storm water runon
come into contact with areas associated
with industrial activities, and
significant materials. Significant
materials include, but are not limited to,
raw materials, waste products, fuels,
finished products, intermediate
products, by-products, and other
materials associated with industrial
activities.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Pollutants Found in Storm Water
Discharges
a. Sources of Pollutants. As noted in
the preamble to the final storm water
application regulations of November 16,
1990, most of the actual manufacturing
and processing activity at these types of
facilities normally occurs indoors (55
FR 48008).
Additional information concerning
these manufacturing processes and the
industrial sector itself can be found in
the following documents: "Development
Document for Effluent Limitations
Guidelines and Standards for the
Electrical and Electronics Components
Point Source Category, Phase I," EPA
440/1-83/075; "Development Document
for Effluent Limitations Guidelines and
Standards for the Electrical and
Electronic Components Point Source
Category, Phase II," EPA 440/1-84/075;
"Development Document for Existing
Source Pretreatment Standards for the
Electroplating Point Source Category,"
EPA 440/1-79/003; and "Development
Document for Effluent Limitations
Guidelines and Standards for the Metal
Finishing Point Source Category," EPA
440/1-83/091.
The types of activities at these
facilities where exposure to storm water
may occur consist primarily of loading/
unloading activities, anZi the storage and
handling of raw materials, by-products,
final products or waste products. A
wide variety of materials are used at
these facilities including metals, acids
used for chemical etching, alkaline
solutions, solvents, various oils and
fuels and miscellaneous chemicals.
Tanks or drums of these materials may
be exposed to storm water during
loading/un-loading operations, or
through outdoor storage or handling at
some facilities.
Liquid wastes which may be exposed
at least temporarily include spent
solvents and acids, miscellaneous
chemicals and oily wastes. These wastes
may be contaminated with a variety of
heavy metals and chlorinated
hydrocarbons. Used equipment, scrap
metal and wire, soiled rags and sanding
materials may also be exposed to storm
water and constitute a potential source
of pollutants. In addition, some facilities
reported that dumpsters containing non-
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Federal Register / Vol. 60. No. 189 / Friday. September 29, 1995 / Notices
hazardous wastes or manufacturing
debris may be exposed to storm water.
Table AC-1 lists potential pollutant
sourpes from activities that commonly
take place at facilities which
manufacture electronic and electrical
equipment and components,
photographic and optical goods.
TABLE AC-1.—COMMON POLLUTANT SOURCES
Activity
Pollutant source
Pollutants
Outdoor Material Loading/Unloading
Outdoor Material and Equipment Storage
Wooden pallets, spills/leaks from material
handling equipment, raw materials, finished
products, solvents.
Sulfuric acid, alkaline solutions, solvents mis-
cellaneous chemicals, oily wastes, lead, sil-
ver, copper, zinc, spent solvents and acids,
scrap metal and wire, oily rags.
TSS, oil and grease, organics.
Organics, oil and grease, acids, alkalinity,
heavy metals.
_ : ' ^
b. Storm Water Sampling Results. Based on the similarities of the facilities included in this sector in terms of
industrial activities and significant materials, EPA believes it is appropriate to discuss the potential'pollutants at electronic
and electric equipment and photographic and optical goods manufacturing facilities as a whole and not subdivide
this sector. Therefore, Table AC-2 lists data for selected parameters from facilities in the electronic and electric equipment
and photographic and optical goods manufacturing sector. This data includes the eight pollutants which all facilities
were required to monitor for under Form 2F, as well as the 'pollutants that EPA has determined may merit further
monitoring. ,
TABLE AC-2.—STATISTICS FOR SELECTED POLLUTANTS REPORTED BY ELECTRONIC AND ELECTRICAL EQUIPMENT AND
PHOTOGRAPHIC AND OPTICAL GOODS MANUFACTURING FACILITIES SUBMITTING PART II SAMPLING DATA' (mg/L)
Pollutant of
sample type
BODs
COD
Nitrate + Nitrite Nitrogen ..
Total Kjeldahl Nitrogen ....
pH ;..
Total Phosphorus
Total Suspended Solids ...
Aluminum, Total
Zinc, Total
No. facilities
Grab
25
25
25
25
25
25
24
24
4
16
Comp"
22
22
22
22
N/A
N/A
21
22
4
14
No. of samples
Grab
64
65
64
64
69
69
64
63
4
51
Comp
56
56
57
58
N/A
N/A
57
56
4
48
Mean
Grab
8.8
592
0.83
1.45
0.6
N/A
1.50
89
3.05
0.163
Comp
7.48
36.3
0.66
1.34
N/A
N/A
1.02
67
0.60
0.152
Minimum
Grab
0.0
0.0
0.00
0.00
0.0
5.0
0.00
0
0.00
0.000
Comp
0.0
0.0
0.0
0.0
N/A
N/A
0.0
0
0.00
0.000
Maximum
Grab
54.0
450.0
6.97
10.20
.9.0
8.8
80.10
610 -
9.40
1.101
Comp
139.0
220.0
•2.54
13.6
N/A
N/A
44.4
716
1.00
1500
Median
Grab
5.5
46.0
0.51
1.05
0.0
7.5
0.13
29
1.40
0.09
Comp
5.10
24.0
0.51
1.01
N/A
N/A
0.16
14
0.70
0.09
95th percentile
Grab
27.2
173.3
2.63
4.26
3.5
9.0
1.86
424
15.37
0.563
Comp
17.92
122.2
1.56
4.22
N/A
N/A
1.72
262
1.34
0.500
99th percentile
Grab
48.9
304.9
4.99
7.41
8.3
9.7
4.93
1209
29.78
1.060
Comp
30.08
235.5
2.40
7.68
N/A
N/A
4.40
722
1.75
0.940
i Applications that did not report the units of measurement for the reported values of pollutants were not included in these statistics. Values reported as non-deteot or below detection limit were
assumed to be 0.
»Composite samples. • ' •
3. Options for Controlling Pollutants
In evaluating options for controlling
pollutants in storm water discharges,
EPA must achieve compliance with the
technology-based standards of the Clean
Water Act [Best Available Technology
(BAT) and Best Conventional
Technology]. The Agency does not
believe that it is appropriate to establish
specific numeric effluent limitations or
a specific design or performance
standard in this section for storm water
discharges associated with industrial
activity from facilities which
manufacture electronic and electrical
equipment and components, and
photographic and optical goods to meet
BAT/BCT standards of the Clean Water
Act. Instead, this section establishes
requirements for the development and
implementation of site-specific storm
water pollution prevention plans
consisting of a set of Best Management
Practices (BMPs) that are sufficiently
flexible to address different sources of
pollutants at different sites.
Certain BMPs are implemented to ,,
prevent and/or minimize exposure of ;
pollutants from industrial activities to
storm water discharges. EPA believes
the most effective BMPs for reducing
pollutants in storm water discharges are
exposure minimization practices.
Exposure minimization practices lessen
the potential for storm water to come
into contact with pollutants. Good
housekeeping practices ensure that
facilities are sensitive to routine and
nonrbutine activities which may
increase pollutants in storm water
discharges. The BMPs which address
good housekeeping and exposure
minimization are easily implemented,
inexpensive, and require little, if any,
maintenance. BMP expenses may
include construction of roofs for storage
areas or other forms of permanent cover
and the installation of berms/dikes. ,
Other BMPs such as detention/retention
ponds and filtering devices may be
needed at these facilities because of the
contaminant level in the storm water
discharges. The types of BMPs '.
implemented will depend on the type of
discharge, types and concentrations of
contaminants, and.thei volume of the,
flow. . "', -'. "'.""'
The selection of the most effective
BMPs will be based on site-specific
considerations such as: facility size,
climate, geographic location, geology/
hydrology and the environmental
setting of each facility, and volume and
type of discharge generated. Each
facility will be unique in that the
source, type, and volume of
contaminated storm water discharges
will differ. In addition, tie fate and
transport of pollutants in these
discharges will vary. EPA believes that
the management practices discussed
herein are well suited mechanisms to
prevent or control the contamination of
storm water discharges associated with
manufacturers of electronic and
electrical equipment and components,
and photographic and optical goods.
Part 1 group application data
indicated that the most widely
implemented BMPs are spill prevention
and response techniques (used by
approximately 68 percent of the
sampling facilities) and waste .
minimization practices (employed by
approximately 54 percent of the
sampling facilities). However, less than
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51063
30 percent of the sampling subgroup
reported that they use covering;
approximately 3 percent have roofs over
their raw materials; and less than 3
percent store raw materials indoors.103
Because BMPs described in part 1 data
are generally limited, Table AC-3 is
provided to identify BMPs associated
with activities that routinely occur at
manufacturers of electronic and
electrical equipment and components,
and photographic and optical goods.
TABLE AC-3.—GENERAL STORM WATER BMPs FOR MANUFACTURERS OF ELECTRONIC AND ELECTRICAL EQUIPMENT AND
COMPONENTS, PHOTOGRAPHIC AND OPTICAL GOODS
Activity
Best management practices (BMPs)
Outdoor Unloading and Loading
Outdoor Material Storage (including waste, and
particulate emission management).
Confine loading/unloading activities to a designated area.
Consider performing loading/unloading activities indoors or in a covered area.
Consider covering loading/unloading area with permanent cover (e.g., roofs) or temporary i
cover (e.g., tarps).
Close storm drains during loading/unloading activities in surrounding areas.'
Avoid loading/unloading materials in the rain.
Inspect the unloading/loading areas to detect problems before they occur.
Inspect all containers prior to loading/unloading of any raw or spent materials.
Consider berming, curbing, or diking loading/unloading areas.
Dead-end sump where spilled materials could be directed.
Drip pans under hoses.
Use dry clean-up methods instead of washing the areas down.
Train employees on proper loading/unloading techniques and spill prevention and response.
Confine storage of materials, parts, and equipment to designated areas.
Consider secondary containment using curbing, berming, or diking all liquid storage areas.
Train employees in spill prevention and response techniques.
Train employees on proper waste control and disposal.
Consider covering tanks.
Ensure that all containers are closed (e.g., valves shut, lids sealed, caps closed).
Wash and rinse containers indoors before storing them outdoors
If outside or in covered areas, minimize runon of storm water by grading the land to divert flow
away from containers.
Leak detection and container integrity testing.
Direct runoff to onsite retention pond.
Inventory all raw and spent materials.
Clean around vents and stacks.
Place tubs around vents and stacks to collect particulate.
Inspect air emission control systems (e.g., baghouses) regularly, and repair or replace when
necessary.
Store wastes in covered, leak proof containers (e.g., dumpsters, drums).
Consider shipping all wastes to offsite landfills or treatment facilities.
Ensure hazardous waste disposal practices are performed in accordance with Federal, State,
and local requirements.
Sources: NPDES Storm Water Group Applications—Part 1. Received by EPA, March 18,1991, through December 31,1992.
EPA, Office of Water. September 1992. "Storm Water Management for Industrial Activities: Developing Pollution Prevent
Management Practices." EPA 832-R-92-006.
Prevention Plans and Best
4. Special Conditions
There are no additional requirements
under this section other than those
stated in Part VLB of this fact sheet.
5. Storm Water Pollution Prevention
Plan Requirements
There are no additional requirements
beyond those described in Part VI.C. of
this fact sheet.
6. Numeric Effluent Limitations
No numeric effluent limitations are
included for facilities in this sector,
beyond those described in Part V.B. of
today's permit.
7. Monitoring and Reporting
Requirements
a. Monitoring Requirements. The
regulatory modifications at 40 CFR
122.44 (i)(2) established on April 2,
1992, grant permit writers the flexibility
to reduce monitoring requirements in
storm water discharge permits. EPA has
determined that the potential for storm
water discharges to contain pollutants
above benchmark levels, because of the
industrial activities and materials
exposed to precipitation, does not
support sampling at facilities that
manufacture electronic and electrical
equipment and components,
photographic, and optical goods. Under
the Storm Water Regulations at 40 CFR
122.26(b)(14), EPA defined "storm water
discharge associated with industrial
activity". The focus of today's permit is
to address the presence of pollutants
that are associated with the industrial
activities identified in this definition
and that might be found in storm water
discharges. Under the methodology for
determining analytical monitoring
requirements, described in section
VI.E.l of this fact sheet, aluminum and
zinc are above the bench mark
concentrations for the electronic,
electric, photographic and optical goods
sector. After a review of the nature of
industrial activities and the significant
materials exposed to storm water
described by facilities in this sector,
EPA has determined that the higher
concentrations of aluminum and zinc
tWThesa percentages were based on the
information reported In the Fait 1 group
applications. However, some facilities which utilize
these BMPs as part of their daily activities may not
recognize these practices as BMPs and as a result
did not report this information in their applications.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
are not likely to be caused by the
industrial activity, but may be primarily
due to non-industrial activities on-site.
Today's permit does not require
electronic, electric, photographic and
optical goods facilities to conduct
analytical monitoring for these
parameters.
Based on a consideration of the BMPs
typically used at these facilities, and
generally low pollutant values from the
application data, EPA believes that the
pollution prevention plan with visual
examinations of storm water discharges
will help to ensure storm water
contamination is minimized. Because
permittees are not required to conduct
analytical monitoring, they will be able
to focus their resources on developing
and implementing the pollution
prevention plan.
Quarterly visual examination of a
storm water discharge from each outfall
are required. The examination must be
of a grab sample collected from each
storm water outfall. The examination of
storm water grab samples shall include
any observations of color, odor,
turbidity, floating solids, foam, oil
sheen, or other obvious indicators of
storm water pollution. The examination
must be conducted in a well lit area. No
analytical tests are required to be
performed on these samples.
The examination must be made at
least once in each designated period
during daylight hours unless there is
insufficient rainfall or snow-melt to
runoff. Whenever practicable, the same
individual should carry out the
collection and examination of
discharges throughout the life of the
permit to ensure the greatest degree of
consistency possible. Examinations
shall be conducted in each of the
following periods for the purposes of
inspecting storm water quality
associated with storm water runoff and
snow melt: January through March;
April through June; July through
September; October through December.
Grab samples shall be collected within
the first 30 minutes (or as soon
thereafter as practical, but not to exceed
1 hour) of when the runoff begins
discharging. Reports of the visual
examination include: the examination
date and time, examination personnel,
visual quality of the storm water
discharge, and probable sources of any
observed storm water contamination.
The visual examination reports must be
maintained onsite with the pollution
prevention plan.
EPA realizes that if a facility is
inactive and unstaffed it may be
difficult to collect storm water discharge
samples when a qualifying event occurs.
Today's final permit has been revised so
that inactive, unstaffed facilities can
exercise a waiver of the requirement to
conduct quarterly visual examination.
EPA believes that this quick and
simple assessment will help the
permittee to determine the effectiveness
of his/her plan on a regular basis at very
little cost. Although the visual
examination cannot assess the chemical
properties of the storm water discharged
from the site, the examination will
provide meaningful results upon which
the facility may act quickly. The
frequency of this visual inspection will
also allow for timely adjustments to be
made to the plan. If BMPs are
performing ineffectively, corrective
action must be implemented. A set of
tracking or follow-up procedures must
be used to ensure that appropriate
actions are taken in response to the
inspections. The visual examination is
intended to be performed by members of
the pollution prevention team. This
hands-on examination will enhance the
staffs understanding of the storm water
problems on that site and the effects of
the management practices that are
included in the plan.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite -with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
As discussed above, EPA does not
believe that analytical monitoring is
necessary for facilities that manufacture
electronic and electrical equipment and
components, photographic, and optical
goods. EPA believes that between
quarterly visual examinations and site
compliance evaluations potential
sources of contaminants can be
recognized, addressed, and then
controlled with BMPs. In determining
the monitoring requirements, EPA
considered the nature of the industrial
activities and significant materials
exposed at these sites, and performed a
review of data provided in Part 2 group
applications.
IX. Paperwork Reduction Act
EPA has reviewed the requirements
imposed on regulated facilities in this
proposed multi-sector general permit
under the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 et seq. The
information collection requirements in
today's permit have already been
approved by the Office of Management
and Budget (OMB) in previous
submissions made for the NPDES permit
program under the provisions of the
Clean Water Act.
X. 401 Certification
Section 401 of the CWA provides that
no Federal license or permit, including
NPDES permits, to conduct any activity
that may result in any discharge into
navigable waters, shall be granted until
the State in which the discharge
originates certifies that the discharge
will comply with the applicable
provisions of Sections 301, 302, 303,
306, and 307 of the CWA. The Section
401 certification process has been
completed for all States, Indian lands,
and Federal facilities covered by today's
general permit. The following summary
indicates where additional permit
requirements have been added as a
result of the certification process and
also provides a more detailed discussion
of additional requirements for the
District of Columbia, Louisiana, New
Mexico, Oklahoma, Texas, Arizona, and
Washington State.
Region I
Connecticut: Indian lands only, no 401
conditions.
Maine: No 401 conditions.
Maine Indian lands: No 401 conditions.
Massachusetts: No 401 conditions.
Massachusetts: Indian lands only, no
401 conditions.
New Hampshire: no 401 conditions.
New Hampshire: Indian lands only, no
401 conditions.
Rhode Island: Indian lands only, no 401
conditions.
Vermont: Indian lands only, no 401
conditions.
Vermont: Federal facilities only, no 401
conditions.
Region II
Puerto Rico: no 401 conditions.
Puerto Rico: Federal facilities only, no
401 conditions.
Region III
District of Columbia: see the following
and Part XII of the permit for 401
conditions.
The District of Columbia has added
the following permit conditions in order
to protect water quality in the District.
A copy of all storm water pollution
prevention plans required under the
permit shall be submitted to the District
of Columbia's Department of Consumer
and Regulatory Affairs, Environmental
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51065
Regulation Administration, for review
ana approval.
District of Columbia: Federal facilities
only, see the following and Part XII for
401 conditions.
The District of Columbia has added
the following permit conditions for
Federal facilities in order to protect the
quality of waters in the District and
surrounding areas including the
Chesapeake Bay. Any Federal facility
regulated by this permit shall include in
its storm water management plan
required by this permit the following
additional items: current nitrogen and
phosphorus loads, current fertilizer
usage, current exterior pesticide usage,
and current urea for deicing usage;
volume of any storm water diverted to
the sanitary sewer from roof leaders or
other connections and the volume of
any ground water diverted to the
sanitary sewer; proposed reductions in
nutrient and pesticides loads in
accordance with the Chesapeake Bay
Restoration goals; any Federal facility
regulated by this permit, which manages
significant quantities of animals or
animal wastes, shall provide in the
storm water management plan an
accounting of these animal wastes, and
nutrient control measures for avoiding,
reducing, or eliminating runoff of these
animal wastes; and any Federal facility
regulated by this permit whose storm
water discharges to a combined sewer
shall study, or contribute to any joint
study, the impact of its storm water
discharge(s) on combined sewer
overflows, and address potential
solutionfs) to avoid, reduce, or eliminate
the combined sewer overflows caused
by its storm water discharge(s). In
addition, a copy of all storm water
pollution prevention plans required
under the permit shall be submitted to
the District of Columbia's Department of
Consumer and Regulatory Affairs,
Environmental Regulation
Administration, for review and
approval.
Delaware: Federal facilities only, no
401 conditions.
Region IV
Florida: no 401 conditions.
Region VI
Louisiana: see the following and Part
Xn of the permit for 401 conditions.
In accordance with the Louisiana
Coastal Zone Management Program
(LRS 49:214), all facilities whose
activities occur in, or have an effect on,
the designated costal zone of Louisiana,
must obtain an individual coastal zone
consistency concurrence, permit, or
waiver from the Coastal Management
Division of the Louisiana Department of
Natural Resources. These facilities are
provided with an address to help in
determining if they have responsibilities
for obtaining clearance from the
Louisiana Department of Natural
Resources. These facilities cannot be
eligible for coverage under this NPDES
permit unless they have fulfilled their
responsibilities under the Louisiana
Coastal Zone Management Program.
This is a condition of certification from
the State of Louisiana (letter June 29,
1995).
As a condition for certification under
Section 401 of the CWA, the State of
Louisiana (letter dated February 1,1995)
required inclusion of the following
limitations necessary to insure
compliance with State water quality
standards. These limitations are
required under Louisiana Annotated
Code 33:IX.708 (LAC 33:IX.708).
(1) General Limitations become
effective on the effective date of the
permit.
Parameter
Total Organic Carbon (TOG)
Oil & Grease
Daily
maximum
(mg/l)
50
15
(2) Oil & Gas Exploration and
Production Facility requirements
become effective on the effective date of
the permit. .
Parameter
Chemical Oxygen Demand (COD)
Total Organic Carbon (TOC)
Oil & Grease
Daily
maximum
(mg/l)
100
50
15
Chlorides: (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/l in freshwater or intermediate
marsh areas and upland areas.
Monitoring requirements for Total
Organic Carbon (TOC) and Oil and
Grease have been added to all facilities
required to monitor annually or semi-
annually. Facilities without monitoring
requirements must insure the pollution
prevention plan will insure compliance
with these effluent limitations. The
definitions of brackish marsh,
freshwater marsh, intermediate marsh,
upland area, and saline marsh at LAC
33:IX.708 have been included in Part X.
of the permit.
Louisiana: Federal Indian
Reservations only, no 401 conditions.
New Mexico: see the following and
Part XII of the permit for 401 conditions.
As a condition for certification under
Section 401 of the CWA, the State of
New Mexico required inclusion of the
following conditions necessary to insure
compliance with State water quality
standards (letter dated June 16,1995).
These conditions apply to permittees
with facilities discharging into waters of
the State of New Mexico. This testing
requirement is in addition to any other
monitoring required under the permit.
Results of the testing requirement is to
be reported only to the State of New
Mexico at the address given in the
permit. A copy of the data shall be kept
with the Pollution Prevention Plan.
New Mexico: Federal Indian
Reservations only, no 401 conditions.
Oklahoma: see the following and Part
XII of the permit for 401 conditions.
Under section 301 of the CWA and 40
CFR 122.44, EPA is required to include
permit conditions necessary to insure
compliance with more stringent
conditions of State law. The proposed
permit included requirements based on
the 1988 Oklahoma Water Quality
Standards, prohibiting new point source
discharges to several classes of high
quality waterbodies of the State. The
final permit conditions reflect the
requirements of Oklahoma Annotated
Code Title 785, chapter 45 (OAC
785:45-5-25), effective June 25,1992.
In order to comply with OAC 785:45-
5-25, the permit will not authorize any
new point source discharge of storm
water associated with industrial activity
to "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—
OAC 785:45) 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.
hi addition to this general permit
exclusion on coverage, the Agency
would like to emphasize the OAC
785:45-5-25 also prohibits the issuance
of any NPDES discharge permit (other
than for storm water runoff from
temporary construction activity) for new
point source discharges to ORWs or :
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
Scenic Rivers, that commences after
June 25,1992.
Outstanding Resource Waters and
Scenic Rivers are located in the
following river basins identified in
Oklahoma Water Quality Standards.
Basin 1—Middle Arkansas River:
Barren Fork and certain listed
tributaries; and the Upper Illinois River
above Barren Fork confluence and
certain listed tributaries.
Basin 2—Lower Arkansas River: Lee
Creek and certain listed tributaries.
Basin 4—Lower Red River: Upper
Mountain Fork River and certain listed
tributaries.
For specific applicability, or a
complete listing of affected waterbodies,
permittees should refer to the Oklahoma
Water Quality Standards, appendices A
and B, or contact the Oklahoma Water
Resources Board.
Oklahoma: Federal Indian
Reservations only, no 401 conditions.
Texas: see the following and Part XII
of the permit for 401 conditions.
As a condition for certification under
section 401 of the CWA, the State of
Texas required inclusion of the
following conditions necessary to insure
compliance with State water quality
standards.
The following effluent limitations are
required under the Texas Water Quality
Standards (31 TAG 319.22 and 319.23).
All pollution prevention plans
developed pursuant to this permit must
enable the discharger to comply with
the limitations listed below.
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:
Total metal
Arsenic
Barium
Cadmium
Chromium I
Coooer
Lead
Manganese
Mercury
Nickel
Selenium
Silver
Zinc
Monthly
average
0 1
1 0
005
05
05
05
1 0
0.005
1 0
005
005
1 0
Daily
composite
02
20
0 1
1 0
1 0
1 0
20
0.005
20
0 1
0 1
20
Single grab
03
40
02
50
9 n
1 1
30
001
30
02
02
6 0
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
Barium
Cadmium
Chromium .....".
Copper ;
Lead
Manganese
Mercury
Nickel
Selenium
Silver
Zinc
Monthly
average
0 1
1 0
0 1
05
05
05
1 o
0005
1 0
0 1
005
1 0
Daily
composite
02
20
02
1 0
1 0
1 0
2 0
0005
20
02
0 1
9 n
Single grab
03
4 o
03
50
20
1 5
a n
0 01
3 0
03
02
R n
The definitions of "inland" and
"tidal" waters has been included in part
XI.E of the Texas permit. Inland waters
are those not defined as tidal waters.
Tidal waters include 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.
All facilities that have demonstrated
significant lethality, which has not been
controlled, shall continue to perform
WET testing in accordance with the
State specified requirements. The Texas
Surface Water Quality'Standards
contain a whole effluent toxicity
standard requiring discharges to exhibit
greater than 50% survival of the
appropriate test organisms in 100%
effluent for a 24-hour period (i.e., 24-hr
LC50 > 100%). As a condition for
certification, the State required
modification of the toxicity test protocol
contained in the permit to conform to
that specified to demonstrate
compliance with the State standard. The
results of the toxicity testing will be
used to insure that facilities which have
exhibited toxicity in the past will be
required to continue monitoring for
whole effluent toxicity and identify -
discharges that will require more
stringent pollution prevention plans
and/or individual or alternative general
permit coverage.
Texas: Federal Indian Reservations
only, no 401 conditions.
Region IX
Arizona: see the following and Part
XII of the permit for 401 conditions.
Arizona: Federal facilities only, see
the following and Part XII of the permit
for 401 conditions.
In order to ensure compliance with
the requirements of the State of Arizona,
discharges authorized by this permit
shall not cause or contribute to a
violation of any applicable water quality
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51067
standard of the State of Arizona
(Arizona Administrative Code, Title 18,
Chapter 11). Notices of Intent, Notices of
Termination, and for those facilities
subject to monitoring and reporting
requirements, Discharge Monitoring
Report Form(s) and other required
monitoring information shall be
submitted to the State of Arizona
Department of Environmental Quality at
the following address: Storm Water
Coordinator, Arizona Department of
Environmental Quality, 3033 N. Central
Avenue, Phoenix, Arizona 85012.
' 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.
SARA Section 313 (Community Right
to Know) Facilities are subject to the
following additional requirement: 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 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.
All facilities with any portion of the
facility that is located at or below the
Base Elevation shall delineate on the
site map those portions of the facility
that are located at or below the Base
Elevation.
The following definitions are added to
Part X of the permit:
"Significant Sources of Non-Storm
Water"—includes, but is not limited to
discharges which could cause or
contribute to violations of 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 CFR 302.4).
"Base Elevation"—elevation of a
surface waterbody having a one percent
chance of being equaled or exceeded
during any given year.
Arizona: Federal Indian Reservations
only (including those portions of the
Navajo Reservation located outside
Arizona), no 401 conditions.
California: Federal Indian
Reservations only, no 401 conditions.
Nevada: Federal Indian Reservations
only (including those portions of the
Duck Valley, Fort McDermitt, and
Goshute Reservations located outside
Nevada), no 401 conditions.
Johnston Atoll: no 401 conditions.
: Johnston Atoll: Federal facilities only,
no 401 conditions.
Midway and Wake Island: no 401
conditions.
Midway and Wake Island: Federal
facilities only, no 401 conditions.
Region X
Alaska: Federal Indian Reservations
only, no 401 conditions.
Idaho: no 401 conditions.
i Idaho: Federal Indian Reservations
only (except the Duck Valley
Reservation lands which are handled by
Region IX), no 401 conditions.
Idaho: Federal facilities only, no 40,1
conditions.
1 Oregon: Federal Indian Reservations
only, no 401 conditions.
Washington: Federal Indian
. Reservations only, no 401 conditions.
Washington: Federal facilities only,
see the following and Part XII of the
permit for 401 conditions.
In order to ensure compliance with
the requirements of the State of
Washington, discharges authorized by
this permit shall not cause or contribute
to a violation of any applicable water
quality standard of the State of
Washington, specifically Chapter 173-
201A WAG Surface Water Quality
Standards, Chapter 173-204 WAG
Sediment Standards, and the National
1 Toxics Rule for human health related to
water quality standards.
XI, Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
5 U.S.C. 601 et seq., EPA is required to
; prepare a Regulatory Flexibility
Analysis to assess the impact of rules on
1 small entities. Under 5 U.S.C. 605(b), no
Regulatory Flexibility Analysis is
required where the head of the Agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Today's permit will provide any small
entity the opportunity to obtain storm
water permit coverage as a result of the
group application process. Group
applications provided small entities a
mechanism to reduce their permit
application burden by grouping together
with other industrial facilities and
submitting a common permit
application with reduced monitoring
requirements and shared costs. The
group application information
submitted to EPA provided a basis for
the development of storm water permit
> conditions tailored specifically for each
industry. The permit requirements .have
been designed to minimize significant
administrative and economic impacts
on small entities and should not have a
significant impact on industry in
general. Moreover, the permit reduces a
significant burden on regulated sources
of applying for individual permits.
Accordingly, I hereby certify pursuant
to 5 U.S.C. 605(b) that this permit will
not have a significant impact on a
substantial number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251
et seq.
XII. Unfunded Mandates Reform Act
Under section 202 of the Unfunded
Mandates Reform Act of 1995
("Unfunded Mandates Act"), which was
signed into law on March 22,1995, EPA
must prepare a written statement to
accompany any rules with Federal
mandates that may result in estimated
costs to State, local, or tribal
governments in the aggregate, or to the
private sector, of $100 million or more
in any one year. When such a statement
is required for EPA rules, under section
205 of the Unfunded Mandates Act, EPA
must identify and consider alternatives,
including the least costly, most cost-
effective or least burdensome alternative
that achieves the objective of such a
rule. EPA must select that alternative,
unless the Administrator explains in the
final rule why it was not selected or it
is inconsistent with law. Before EPA
establishes regulatory requirements that
significantly or uniquely affect small
governments, including tribal
governments, it must develop under
section 203 of the Unfunded Mandates
Act a small government agency plan.
The plan must provide for meaningful
and timely input in the development of
EPA regulatory proposals with
significant Federal intergovernmental
mandates, and informing, educating,
and advising them on compliance with
the regulatory requirements.
In response to the requirements of the
Unfunded Mandates Act, the Act
generally excludes from the definition
of a "Federal intergovernmental
mandate" (in sections 202, 203, and
205) duties that arise from participation
in a voluntary Federal program. A
municipal discharger of storm water
associated with industrial activity may
voluntarily elect to seek coverage under
today's multi-sector general permit
rather than obtain an individual permit
or coverage under a baseline general
permit. Coverage under today's permit,
therefore, is voluntary in that the permit
does not automatically apply to any
particular entity. Thus, it imposes no
Federal intergovernmental mandate
within the meaning of the Act.
Small government agency plans under
section 203, on the other hand, are
required when small governments may
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be significantly or uniquely affected by
regulatory requirements. "Regulatory
requirements" arguably include the
requirements of this permit should a
municipality, seek to be covered under
the permit. EPA envisions that some
municipalities may elect to seek
coverage under this permit for certain
storm water discharges, for example,
from the following types of industrial
activity: hazardous waste treatment,
storage, and disposal; industrial
landfills, land application sites and
open dumps; scrap and waste material
recycling; steam electric power
generation; ground transportation (local
and suburban transit, interurban
highway passenger transportation,
including railroads, petroleum bulk
stations, and motor freight
transportation); air transportation;
domestic waste water treatment; and
water transportation. Any such permit
requirements, however, do not
significantly affect small governments
because they are subject to the same
requirements as other entities whose
duties result from today's rule. Permit
requirements also do not uniquely affect
small governments because compliance
with the permit's conditions affects
small governments in the same manner
as other entities seeking coverage under
the permit. Thus, any applicable
requirements of section 203 have been
satisfied.
The regulated community that may
seek coverage under this general permit,
including small governments, have been
involved in the development of this
permit and, therefore, have had notice
of the requirements that they may incur
under this permit. EPA has prepared
permit Fact Sheets to accompanying this
permit in order to inform and educate
permit applicants about how to comply
with the terms of the permit. EPA has
already published instructional
guidance: Developing Pollution
Prevention Plans for Construction and
(other) Industrial Activity (1992),
NPDES Storm Water Sampling
Guidance Document, 833/B-92-001
0uly 1992), and Guidance for the
Preparation of Discharge Monitoring
Reports: Facilities required to Report
Semi-annual Monitoring Results Under
NPDES Storm Water General Permits,
833/B-93-002 (rev. April 1994).
Therefore, EPA encourages any small
governments that may seek coverage
under this multi-sector general permit to
refer to that instructional guidance, as
well as contact EPA Regional storm
water coordinators listed in the Permit
Fact Sheet for any additional assistance
such small governments may require.
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that these permits will
not have a significant impact on a
substantial number of small entities.
Authority: Clean Water Act, 33 USC 1251 .
et seq.
Dated: August 29,1995.
Marley Laing,
Acting Regional Administrator, Region I.
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that these permits will
not have a significant impact on a
substantial number of small entities.
Authority: Clean Water Act, 33 USC 1251
Dated: August 16,1995.
Jeanne M. Fox,
Regional Administrator, Region II. ^
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that these permits will
not have a significant impact on a
substantial number of small entities.
Authority: Clean Water Act, 33 USC 1251
etseq.
Dated: September 11,1995.
Stanley L. Laskowski,
Acting Regional Administrator, Region in.
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that these permits will
not have a significant impact on a
substantial number of small entities.
Authority: Clean Water Act, 33 USC 1251
et seq.
Dated: September 11,1995.
Patrick M. Tobin,
Acting Regional Administrator, Region IV.
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that these permits will
not have a significant impact on a
substantial number of small entities.
Authority: Clean Water Act, 33 USC 1251
et seq.
Dated: September 12,1995.
William G. Laxton,
Acting Regional Administrator, Region VI.
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that these permits will
not have a significant impact on a
substantial number of small entities.
Authority: Clean Water Act, 33 USC 1251
etseq.
Dated: August 24,1995.
Alexis Strauss,
Acting Regional Administrator, Region 9.
Accordingly, I hereby certify pursuant
to 5 U.S.C. 605(b) that this permit will
not have a significant impact on a
substantial number of small entities. .
Dated: September 11,1995.
Chuck Clarke,
Regional Administrator, Region 10.
Appendix A—Summary of Responses to
Public Comments on the November 19,
1993, Proposed Draft Multi-Sector
Storm Water General Permit
The following discussion is a
summary of the major issues identified
by EPA that were raised regarding the
storm water multi-sector industrial
general permit during the public
comment period, along with EPA's
response to each major issue. This
summary aggregates comments by
similarity of the issues and does not
discuss each and every public comment
that was received on the proposed
permit. A comprehensive discussion of
each comment that was raised is
provided in a separate detailed response
to comment document which is
maintained by EPA as a part of the
record for this permit issuance action.
The first part of this appendix responds
to the major issues raised by
commenters during the comment period
and the second part responds to key
industry-specific issues.
Eligibility of Non-Group Members
As proposed, the multi-sector storm
water general permit may provide
discharge authorization for any
industrial activity described in the
coverage sections of the twenty-nine
industrial sectors that have point source
discharges of storm water to waters of
the United States or to a municipal
separate storm sewer system and which
meet the general eligibility provisions of
the permit. Coverage under the permit,
as proposed, was allowed for owners
and operators of these types of
industrial activities regardless of
whether or not they participated in a
group application. Several commenters
expressed concern that owners/
operators of facilities which did not
participate in the group application
process will be eligible for coverage
under the multi-sector general permit,
and suggested that only those facilities
that participated in the group process be
allowed coverage under the permit.
EPA set forth the storm water permit
application process (including group
applications) in the storm water
regulations published in November,
1990 (55 FR 47990). EPA's strategy, as
stated in this notice, was to regulate
storm water discharges from industrial
activity by promulgating a baseline
general permit for most industrial
dischargers (Tier 1), and then to develop
more specific industry and/or watershed
general permits (Tiers 2 & 3). An
integral part of the process to develop
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51069
the multi-sector storm, water general
permit, which is similar to a Tier 3
permit (industry-specific), was the
assimilation of the industry-specific •
data gathered from the group
applications. It was always EPA's
intention to utilize this information in
the development of permits to cover all
applicable facilities, and to provide the
resulting permit as a model to States for
use in State permitting programs. In the
preamble to these regulations on pages
48027 and 48028, EPA made it clear that
the group application process would
lead to either general permits for large
groups of similar discharges or to
individual permits for individual
facilities. EPA did not commit to issue
permits that were open only to group
members. The concept of the general
permit implies wide-ranging issuance to
all eligible facilities.
Given the large number of group
applications and the similarity between
groups, EPA chose to develop and
propose one general permit with
twenty-nine different industry sectors
covering all the industries represented
in the group applications, rather than
issue twenty-nine separate sector
general permits, one by one, to each and
every group. Likewise, EPA chose not to
issue a separate and distinct "group"
permit to each and every group because
of the similarity between groups, in the
industrial activities, significant
materials stored exposed to storm water
and the material management practices
employed, as reported in the group
application information. Given the
similarity of the industrial activities
represented in the group applications,
twenty-nine sectors represented were
determined by EPA as a reasonable
grouping of the industries that
participated in the group process. EPA
further believes that the use of the
twenty-nine sectors provides a fair and
reasonable method for permitting each
industry group that participated in the
group application process.
To make the best use of the proposed
multi-sector general permit, EPA chose
not to limit coverage under this general
permit to those facilities that only
participated in the group process. The
application information provided by the
groups was extremely valuable in
preparing the permit and has resulted in
an accurate and more applicable
industrial permit for the types of
facilities represented in the
applications. EPA is not precluded or
restricted from utilizing information
gathered from particular types of
applications submitted to the Agency
during the application process, and
accordingly, coverage under today's
general permit will remain available to
all industrial facilities that meet the
eligibility criteria of the permit, whether
or not they participated in a group
application.
Choice Between Baseline and Multi-
Sector Permit
In the fact sheet for the proposed
multi-sector general permit, EPA stated
that group applicants could seek
coverage under the baseline general
permit rather than under this multi-
sector general permit, but noted that
certain deadlines for pollution
prevention plan preparation and
implementation had already expired for
existing facilities under the baseline
permit. Commenters supported the
option that group applicants be allowed
to chose coverage under either the
multi-sector general permit or the
baseline general permit once the multi-
sector permit is issued in final. In
addition, commenters requested that
group applicants choosing to obtain
coverage under the baseline general
permit not be required to prepare a
pollution prevention plan prior to
submitting an NOI. These comments
raise two issues: (1) Should group
applicants be allowed to apply for.
coverage under the baseline general
.permit after the permit's October 1,1992
deadline for existing facilities to apply '
for coverage; and (2) should the
deadlines in the baseline general permit
for pollution prevention plan
preparation and implementation,
sampling, etc. be waived for facilities
filing for coverage after the October 1,
1992 deadline.
EPA will allow group applicants to
submit an NOI for coverage under either
today's multi-sector general permit or
the baseline general permit. Although
Part n.A.6 of the baseline general permit
currently allows existing facilities to
submit an NOI for coverage after
October 1,1992, the Agency reserves the
right to limit coverage under the
baseline general permit at a later date.
EPA will not, however, extend
compliance deadlines in the baseline
general permit for facilities that
participated in the group application
process. Group applicants had the
opportunity to apply for the baseline
general permit in a timely manner. It
would be inappropriate for EPA to favor
group applicants over facilities that
complied with the baseline general
permit by allowing them more time to
come into compliance. Additionally,
extending the baseline permit deadlines
would require a modification of the
baseline general permit, which is
beyond the scope of today's final rule.
Consolidation of the Group
Applications Into 29 Industry Sectors
Over 1,200 group applications were
submitted to EPA pursuant to the group
application option contained in 40 CFR
122.26(c)(2). As the group application
option progressed, many of the groups
dropped out leaving approximately 700
groups. Based on the similarity of many
of the groups, and to maintain a
manageable number of permits to be
issued, EPA consolidated the
approximately 700 groups into 29
industrial sectors, and developed BMP
and monitoring requirements for each
sector.
EPA received 50 comments regarding
the consolidation of group applications.
Thirty-eight comments objected to
consolidation, while 12 comments
expressed support. Another 38
comments suggested that the 29
industrial sectors should be divided into
additional subsectors. Some
commenters that objected to
consolidation suggested that the use of
SIC codes as one of the underpinnings
for consolidation was inappropriate
because SIC codes are based on
economic activity, and are not meant to
be indicative of an industry sector's
affect on the quality of storm water
runoff. Some commenters suggested that
the consolidation process failed to take
into account the climatic variations of
different geographic regions across the
country. Other commenters objected to
the consolidation process on the basis
that it represented a significant
departure from the group application
process as described in the preamble to
the storm water permit application
regulations published on November 16,
1990 (55 FR 48024). Some comments
expressed disappointment that the
group applications were not handled in
a more "individualized" manner, and
one comment suggested that the group
application consolidation process
violated the Administrative Procedure
Act (APA).
Many of the commenters that
expressed objections to the
consolidation of the group applications
offered alternative suggestions. Most
recommended that additional sectors or
subsectors be established, and it was
also suggested that the general permit
include a provision allowing industries
the option of petitioning for the creation
of subsectors during the term of the
permit. Other suggestions included
establishing minimum activity
requirements that trigger monitoring
requirements, or deleting the priority/
nonpriority monitoring structure
altogether.
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For the final general permit, EPA has
retained the 29 industrial sectors as
listed in the proposed rule, with the
addition of supplementary subsectors
that establish specific monitoring
requirements for different types of
facilities within industrial sectors. In
response to comments expressing
concern over monitoring requirements
that apply to all facilities within the
priority sectors, the Agency re-evaluated
the monitoring data submitted by
facih'ties in the 29 industrial sectors,
and modified the methodology for
determining the types of facilities that
are required to conduct storm water
monitoring. Accordingly, the final '
general permit has been changed to
focus monitoring requirements on
industrial sub-sectors which, according
to the submitted monitoring data, pose
the greatest potential risk to storm water
runoff quality. The final permit also
provides the opportunity for facilities in
sub-sectors that are subject to storm
water monitoring to apply the
alternative certification provisions (see
section VI.E.3 of the Fact Sheet). The
alternative certification provisions
provide facilities an opportunity to
reduce or avoid storm water monitoring
requirements under certain
circumstances and is discussed in more
detail below.
As noted above, some commenters
questioned whether the consolidation
process was consistent with NPDES and
APA regulations. EPA conducted a
thorough review of the consolidation
process for consistency with the NPDES
regulations. Section 122.28(a)(2)(i)
allows EPA to issue general permits for
"storm water point sources;" this
section does not in any way limit or
qualify the types of sources subject to
regulation. EPA also has broad
regulatory discretion regarding
geographic boundaries pursuant to
section 122.28(a)(l). In developing the
general permit, the Agency attempted to
strike a balance between recognizing the
variety of facilities that comprise the
group applicants and developing a
permitting process that could be
administered without an undue
expenditure of Agency resources. In
summary, all actions taken by EPA,
including the consolidation process, are
also within the discretion accorded to
the Agency under the Glean Water Act
and NPDES regulations.
In regards to consistency with the
APA, Section 553 of the APA requires
that public notice and opportunity for
public comment be provided for all
rulemakings. EPA published the
proposed NPDES General Permit for
Storm Water Discharges From Industrial
Activities in the Federal Register and
provided a 90-day comment period on
November 19,1993 (58 FR 61146).
Public hearings were also held in the
EPA Regions. Furthermore, EPA invited
comment on the 29 sector consolidation.
These efforts by the Agency are
consistent with the provisions of the
APA.
As noted earlier, some commenters
suggested that the use of SIC codes were
inappropriate as a basis for
consolidating industrial facilities into
29 industrial sectors. EPA notes that the
nature of the industrial activities, as
described in the group application
information, in conjunction with SIC
codes are an appropriate basis for sector
consolidation. Although SIC codes are
used to categorize industries based on
economic activities, these codes are
generally grouped together based on
similar industrial activities. In addition,
EPA was aware of the differences and
similarities among the facilities
included in a particular sector based
upon the group application data that
was submitted by the participants.
Using this information in conjunction
with the activity descriptors in the SIC
codes, EPA was able to appropriately
group similar industrial activities into
the 29 sectors.
Credit for Group Members
EPA requested and received 75
comments that addressed the issue of
whether EPA should grant some form of
credit for facilities that participated in
the group application process.
Specifically, these commenters obje.cted
to EPA developing a permit that applies
not only to group applicants but also to
facilities that did not participate in the
group application process. Thus, many
of these commenters are seeking credit
for the costs they incurred in the
preparation of group permit
applications.
A majority of the commenters
expressed a desire for reduced
monitoring as compensation for
completing the sampling requirements
and submitting the data for Part 1 and
Part 2 of the application process.
Specific suggestions included
exemptions from one of the four
samples taken during the first year, from
the second year of monitoring, or from
the first five years of monitoring. Other
commenters suggested that EPA allow
the monitoring requirements to be left to
the discretion of the States and that civil
fines be waived for inadvertent non-
compliance of group members, hi
response to these comments, EPA wants
to clarify that it is not allowing
exemptions from monitoring
requirements based on whether a
facility participated in the group
application process. EPA based the
monitoring requirements in the permit
on data submitted during the :
application process and does not intend
to allow those facilities to conduct less
frequent monitoring because of their
participation in the group application
process. Rather, facilities that
participated hi the group application
process are actually in a position to
benefit from the permit in the sense that
this permit is tailored directly to their
industrial sector and is based
specifically on information provided in
their group application. Facilities that
did not participate in group applications
will be required to comply with the
permit conditions regardless of their
site-specific circumstances.
Many commenters also expressed
concern that the multi-sector permit
would be available to non-group
members. Although EPA regrets that the
group application process did not
produce the results that some
participants hoped for, it would be a
misuse of tax dollars to limit coverage
under the multi-sector permit to group
members and then develop another
permit for non-group members.
However, EPA would like to.point out
that facilities that participated in the
group application process are in
compliance with the permit application
requirements under the storm water
program, whereas facilities that did not
participate in a group application and
that are not covered under another
permit are not in compliance and
remain subject to enforcement action
until covered by a permit.
Several other commeriters suggested
providing compensation for group
members by waiving permit fees equal
to the amount spent on data collection
fees. In response, EPA is unable to
devise an equitable manner for credit to
be provided in this way.
Finally, some commenters advocated
that group members be either exempted
from the NOI submittal requirement or
allowed to at least submit one NOI for
the group. Other commenters suggested.
that the dates for submitting NOIs be
extended for group members and that
previously submitted NOIs be accepted.
In today's general permit requirements,
EPA requires each facility seeking
coverage under the permit to submit
their own NOIform. This requirement
allows EPA to successfully track every
facility covered by the permit. It will
also increase the likelihood that facility
operators will read the permit and
makes enforcement actions easier to
implement. EPA believes this is a
justifiable requirement because the NOI
form is a simple one-page form that
requires little effort to complete.
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IB summary, EPA believes that credit
has been provided to the group
application members through the group
application process. This included a
reduced burden in submitting a permit
application over the individual
application option and reduced storm
water sampling requirements for the
application. With industry-specific
information upon which to base the
proposed multi-sector storm water
permit, group applicants will be issued
a more applicable and tailored storm
water discharge permit which better
takes into account the characteristics of
each industry sector.
Storm Water Runon
The owner or operator of a regulated
industrial facility with point source
discharges of storm water is responsible
for the storm water discharges that leave
its property and enter waters of the U.S.
or a municipal separate storm sewer
system. There are instances, however,
whereby the storm water that is
discharged at least partially consists of
storm water flowing onto the facility
from a nearby facility or property
(referred to here as "runon").
Commenters have requested
clarification of the permit language on
the issue of runon. One commenter
asked for a provision to be added to the
permit that would relieve facilities from
any responsibility for pollutants present
in storm water runon which is
eventually discharged from their
property. The commenter also indicated
that runon from adjacent sites cannot
always be separated from onsite
discharges.
Today's general permit does not
change the provisions related to runon.
Facilities that discharge point sources of
storm water associated with industrial
activity, even if it includes offsite
runon, remain responsible for the
permitting of those discharges. Such
facilities which seek coverage under
today's permit must address storm water
runon in their storm water pollution
prevention plan (storm water pollution
prevention plan). If a facility cannot
effectively address the runon problem in
their storm water pollution prevention
plan, then the facility should contact
their NPDES permitting authority for
assistance on how to deal with the
runon problem. In addition, the facility
may chose to monitor the runon to
document that the source of pollutants
is offsite. By doing so, a facility with a
runon problem may be better able to
show that the pollutant source is offsite
and that their pollution prevention plan
is adequately addressing all onsite
sources. Offsite facilities which are the
source of the contaminated runon could
be designated by the permitting
authority as a co-permittee with the
adjacent facility and jointly develop a
storm water pollution prevention plan,
and perform any monitoring which may
be required to address the situation.
They may also be designated as a
separate permittee by the permitting
authority.
Acceptance of Group Application in
Lieu of anNOI
A number of commenters suggest EPA
exempt members of approved group
applications from the Notice of Intent
(NOI) submittal requirements. The
commenters indicate these facilities
should automatically be covered under
today's permit because they have
already satisfied the NPDES storm water
_Jt members of the
approved group application from the
NOI submittal requirements. Federal
regulations under 40 CFR 122.28(b)(2)
require an NOI for all NPDES general
permits for the discharge of storm water
associated with industrial activity. EPA
cannot assume that all members of the
approved group applications wish to be
covered by today's permit, or that they
satisfy the eligibility provisions of the
permit.
Encourage NPDES States To Accept
Group Applications
Several commenters requested that
EPA require or encourage NPDES-
authorized States to accept the group
applications and/or issue permits based
on the multi-sector model.
EPA has, and continues, to encourage
States to make use of the multi-sector
general permit for permitting industrial
activities. EPA has encouraged States by
sending them the original permit and
fact sheet and by supporting them with
additional information necessary to
issue the permit within their States.
EPA has also given NPDES States
databases of the group application
members which allows each State to
identify group applicants within their
States. EPA will make available to all
NPDES authorized States a copy of the
final multi-sector general permit. In
addition, EPA will make available group
application information to any NPDES
States that request it. However, EPA
cannot require NPDES-authorized States
to accept group applications and to
Utilize the multi-sector permit as a
model for developing a State permit.
This would be inconsistent with
previously stated EPA position. The
response to comments for the final
storm water regulations (55 CFR 48028)
specifically noted that NPDES-
authorized States were free to adopt the
group application process, "* * * but is
not required to." EPA also
recommended that "(b)efore submitting
a group application, facilities should
ascertain from the State permitting
authority whether that State intends to
issue permits based on a group
application * * *." The Agency
believes general permits offer an
efficient means of providing discharge
permit coverage to a large number of
facilities and that the multi-sector
general permit represents an appropriate
permit for the industries that were
members of group applications.
However, once the NPDES program is
approved for a State, basic permitting
decisions lie with the State.
Co-Located Industrial Activities
A number of commenters expressed
concern over the conditions in the
permit which require facilities with
multiple "co-located" industrial
activities to comply with all industry
sector requirements that are applicable
to one or more of the industrial
activities on their site. Commenters
argue that given the large number of
industry sectors and the complexity of
the eligibility requirements, it will be
difficult for facilities to determine
which industry sector requirements
apply. Commenters expressed concern -
that a permittee could unknowingly ,
violate the permit conditions by failing
to recognize that a portion of his/her
facility is subject to another industry
sector requirements. Commenters also
stated that the cumulative burden of the
monitoring and pollution prevention
plan requirements for facilities with a
number of industrial activities would be
excessive.
In response to these concerns, EPA
has modified those sections of today's
permit addressing co-located activities
to reduce confusion that could arise
from the co-located conditions as
proposed. However, under today's
permit facilities with multiple industrial
activities are still required to prepare
and implement a pollution prevention
plan which addresses the requirements
of all the applicable industry sector
requirements. These facilities are also
required to comply with the industry
sector monitoring requirements on an
outfall by outfall basis. The intent of
today's permit remains the same, which
was to require pollution prevention plan
measures and storm water monitoring
which specifically addresses the
pollutant sources at the permitted
industry facility. Operators of facilities
with multiple industrial activities will
need to carefully and completely review
the permit and fact sheet to determine
all necessary applicable terms and
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conditions. EPA believes the sector
descriptions are clear. Application of
the sector descriptions to co-located
activities is within the scope of
responsibilities of a permittee under the
NPDES program and does not place an
undue burden on the facility operator.
For clarification, with co-located
industrial activities, still only one storm
water pollution prevention plan is
required for the facility. Monitoring
requirements for each outfall will not be
duplicative but will be complementary.
If the same pollutant is required to be
monitored in two different sectors for
industrial activities found on the site, if
the industrial activities drain to the
same storm water outfall, only one
sample and analytical measurement for
that pollutant is necessary.
Notice of Intent Submission
Requirements
A number of commenters expressed
concern over the requirement in the
proposed permit for submission of a
Notice of Intent (NOI) when there is a
change in the operator of the facility.
The proposed permit required the new
operator to submit an NOI 2 days prior
to the transfer of operations. The
commenters opposed this time frame for
submittal of the NOI, stating that the
purchaser of an industrial activity will
not be able to complete the NOI or
prepare a Storm Water Pollution
Prevention Plan in advance of the
property transfer. The commenters
suggested different time frames for
submittal of an NOI which ranged from
30 to 120 days after the transfer of
operations.
Today's permit retains the
requirement that new operators notify
EPA at least 2 days in advance of a
transfer of operator responsibility for an
industrial activity. EPA believes that the
simple information required for
completion of the NOI can easily be
obtained by the purchaser in advance of
the actual property transfer. Operators
of recently purchased facilities which
discharge storm water associated with
industrial activity without an NPDES
permit would be in violation of the
Clean Water Act.
In'addition to submitting the NOI two
days prior, new operators which assume
ownership of an industrial facility
without a break in operations must
continue to implement the Storm Water
Pollution Prevention Plan prepared by
the previous operator, otherwise failure
to do so would constitute a violation of
the NPDES storm water general permit
conditions. These facilities may
subsequently modify the storm water
pollution prevention plan to
accommodate any changes in operation
which they choose to make, provided
the storm water pollution prevention
plan still meets all requirements of the
permit.
Submission of a Copy of the Notice of
Intent (NOI) to the Operator of the
Municipal Separate Storm Sewer
Several commenters opposed the
requirement for facilities which
discharge to Municipal Separate Storm
Sewers (MS4) to submit a copy of the
NOI to the operator of the MS4. The
commenters argue that submitting the
notice places an additional paperwork
burden upon the facilities. Others argue
that the submission is unnecessary
because all industrial activities
discharging to MS4's were required to
notify their municipalities prior to May
15,1991. Finally one commenter stated
that there would be no benefit from
facilities covered under this permit
notifying municipalities since facilities
covered under other general permits or
individual permits would not be
required to notify the MS4 operator.
Today's permit retains the
requirement for facilities which
discharge to a MS4 to send a copy of the
NOI to the operator of the MS4. This
requirement is retained as a provision to
assist municipalities comply with the
anticipated requirements of their
NPDES permits. This will be a key piece
of information for municipalities to
identify industrial discharges to their
MS4s as required under 40 CFR 122.26.
Through submittal of the NOI to the
MS4, municipalities can keep an up-to-
date inventory of storm water discharges
associated with industrial activity that
discharge to the system. From this
inventory, municipalities may (as a part
of their storm water management plan
activities) review industrial pollution
prevention plans of the industries
which discharge to their system. EPA
does not believe this requirement
presents a significant paperwork burden
for the facility since the facility is
simply required to make an additional
copy of the one page NOI form, which
they send to EPA, and send that copy
to the operator of the MS4. This
requirement is a provision of EPA's
baseline general permit and is also a
requirement of most individual permits
issued to industrial dischargers where
the permitting authority determines it is
necessary. Making use of information
from a previous notification done in
1991 would not allow the municipality
to keep their industrial inventory up-to-
date.
Prohibition of Non-Storm Water
Discharges
A number of the comments received
discussed the prohibition of non-storm
water discharges contained in the
permit. The multi-sector permit
authorizes some non-storm water
discharges. These discharges include
those from firefighting activities;
firehydrant flushings; irrigation
drainage; lawn watering; routine
external building washdown without
detergents; pavement washwaters where
spills or leaks of toxic or hazardous
materials have not occurred (unless all
spilled material has been removed) and
where detergents are not used; air
conditioning condensate; springs;
uncontaminated ground water; and
foundation or footing drains where
flows are not contaminated with process
materials such as solvents that are
combined with storm water discharges
associated with industrial activity. The
non-storm water discharges must be
identified within the storm water
pollution prevention plan to be
authorized under this permit. All other
non-storm water discharges including
vehicle and equipment wash water,
boiler blow down, and steam
condensate are excluded from coverage
under today's permit and must be
covered under a separate NPDES permit.
Today's permit requires that a facility
certify that the presence of non-storm
water discharges has been tested for at
its outfalls and that an inventory of the
locations of the outfalls with non-storm
water discharges has been conducted.
EPA received several comments
requesting that additional non-storm
water discharges be authorized by the
multi-sector permit. These discharges
included those from vehicle washing
that did not use detergents, air
compressor condensate, discharges from
drinking fountains and clean water
discharges from holding tanks. EPA has
reviewed the requests for additional
allowable non-storm water discharges
and determined that air compressor
condensate and drinking fountain water
are not expected to .contain pollutants
and will be added to the list of
allowable non-storm water discharges
covered by today's permit. Other non-
storm water discharges such as vehicle
wash waters, regardless of detergent
usage, and holding tank discharges are
not covered by today's permit since
there is a significant potential for these
types of discharges to be contaminated.
Such non-storm water discharges
should be authorized under another
NPDES permit.
Several commenters also requested
modification to the requirement that
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51073
building and pavement wash water
discharge only be allowed under the
permit where there has been no past
spill or leaks or where all spilled
material has been removed. The
commenters indicated that it was not
reasonable to require all residue to be
removed. Commenters requested a more
reasonable cleanup standard. EPA has
not modified this provision in today's
permit. The non-storm water discharges
covered by today's permit are eligible
because EPA believes these discharges
will not contain contamination. To the
contrary, there is a significant
possibility that pavement or building
wash water from an area in which a
pollutant residue remains will contain
pollutants which would then be
discharged. Such discharges, if they are
not completely cleaned up, are required
to be permitted, but under a separate
NPDES permit If such discharges are
numerous at a facility, the operator of
the facility may find it advantageous to
apply for an individual NPDES permit ,
which could cover these types of
discharges in addition to the storm
water and process discharges that may
be present. Under any permitting
scenario, however, the preferential
environmental result is to remove the
residual contamination and prevent the
contamination of storm water runoff.
Releases in Excess of Report able
Quantities
Under the proposed permit permittees
were required to report releases of
hazardous substances as required under
40 CFR117 and 40 CFR 302 that exceed
a reportable quantity (RQJ. If the spill
exceeds the RQ the facility must report
the spill to the National Response
Center, modify the storm water
pollution prevention plan, and notify
EPA in writing of the nature of the spill.
Tho permit further required facilities to
minimize the discharges of these
substances in storm water through the
implementation of applicable best
management practices. When releases
do occur, the facilities are required to
submit a written report which outlines
the steps to be taken to reduce the
chance of further spills in the future.
Commenters were concerned about how
to interpret the reporting requirements
for RQ releases. For instance, at an
airport, if individual airlines release
othylene glycol at levels below the RQ,
then is the combined discharge from
several airlines considered reportable?
Commenters also wanted clarification
on what constituted a significant spill or
leak. Is the spillage of two cups of oil
significant if it causes a visible sheen?
Today's permit requires each
individual permittee to report spills
equal to or exceeding the RQ levels
specified at 40 CFR 110,117, and 302.
If an airport authority is the sole
permittee, then the sum total of all spills
at the airport would be assessed against
the RQ. If the airport authority is a co-
permittee with other permittees at the
airport, such as numerous different
airlines, the assessed amount would be
the summation of all spills by each co-
permittee. If separate, distinct
individual permittees exist at the
airport, then the amount spilled by each
separate permittee is the assessed
amount for RQ determination. These
facilities must follow the necessary
procedures for reporting spills or leaks
equal to or exceeding the RQ level.
Where a sole permittee is identified, this
permittee would report. Where co-
permittees are present, the co-permittees
should identify in their pollution
prevention plan for the airport who the
responsible party is for reporting
purposes, otherwise all co-permittees
are responsible. In relation to the RQ for
oil, quantity does not necessarily matter.
The oil RQis a visible sheen or slick
and if such is produced by a spill of oil
then the RQ has been exceeded.
Non-Storm Water Discharge
Certification
Many commenters felt that the storm
water pollution prevention plans should
not include an inventory of non-storm
water discharges or the NPDES permit
numbers that cover those discharges.
Today's permit does not require the
permittee to list the NPDES permit
numbers for the separately permitted
non-storm water discharges, however,
the permit does require that facilities
identify the potential sources of the
non-storm water discharges. The list of
potential sources will assist the operator
in efforts to eliminate or redirect non-
storm water discharges.
Deadlines for Preparation,
Implementation and Revisions to the
Storm Water Pollution Prevention Plan
The proposed multi-sector permit
currently requires that all facilities
certify that they have prepared and
implemented a storm water pollution
prevention plan in accordance with part
IV of the permit. For existing facilities,
the storm water pollution prevention
plan must be prepared and
implemented within 270 days after
permit issuance. New facilities must
have prepared and implemented the
storm water pollution prevention plan
prior to submitting the NOI. Where
construction is necessary to implement
the plan, the facility should complete
construction as soon as possible, but has
up to a maximum of 3 years to comply
with the plan. There is also a provision
for an extension of the deadline for
implementation of the storm water
pollution prevention plan where the
Director may establish a later date for
compliance with the plan where a
facility can show good cause.
Oil and gas facilities which have
discharges of reportable quantities of oil
or a hazardous substance will be
required to develop and implement a
plan on or before 60 days after first
knowledge of a release. EPA requested
comment as to whether the multi-sector
permit should require all permittees to
submit certification that the storm water
pollution prevention plan has been
prepared and implemented in
accordance with the terms and
conditions of the permit. The proposed
permit also would have required any
needed revisions of the plan to be
developed within 2 weeks of the
Comprehensive Site Compliance
Evaluation and implemented no more
than 12 weeks after the inspection.
hi general, commenters indicated that
they needed more time to develop and
implement the storm water pollution
prevention plan properly because of the
complexity and resources involved.
These commenters were commenting on
both new and existing facility
requirements. Five commenters did not
like the deadlines for development and
implementation of a storm water
pollution prevention plan in the multi-
sector permit because these deadlines
were inconsistent with EPA's baseline
storm water general permit. They argued
that the multi-sector permit should
allow the same time frame of 6 months
from the effective date of the permit to
develop the plan with 360 days for
implementation. Four commenters
argued that new facilities should not
have to certify that their storm water
pollution prevention plan is complete at
the time of NOI submittal. They felt that
new facilities should be afforded the
same compliance deadline as the
existing facilities which are given 270
days. One commenter suggested that a
more reasonable cut-off time be
established for new facilities when the
storm water pollution prevention plan
would be required to be developed and
implemented prior to the NOI. Another
commenter argued that new facilities
should be given 6 months after
submittal of the NOI to develop and
implement the plan to allow for the
evaluation of plan needs while the
facility is in operation. One commenter
felt that a minimum of 90 days would
be needed for smaller facilities for
internal development and training
under the storm water pollution
prevention plan. Another commenter
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argued that in order to develop an
appropriate and effective storm water
pollution prevention plan it is necessary
to evaluate the facility while in
operation. This commenter therefore
suggested that new facilities be allowed
six months to develop a storm water
pollution prevention plan. One
commenter stated that large waste water
treatment plants need more than 270
days just to prepare the storm water
pollution prevention plan and to get
additional funding for the non-storm
water discharge certification provisions.
In addition, some commenters did not
agree that the plan should be
implemented within the same time
frame as it is developed. They suggested
a year for implementation. Another
commenter would prefer a deadline of
14 months to develop and implement a
storm water pollution prevention plan,
arguing that companies that have many
facilities, such as the freight industry,
may be required to develop and
implement upwards of 500 plans in the
270 days. Scrap processing and
recycling facilities want longer than the
270 days (such as three years) for the
implementation of treatment BMPs
exceeding $10,000 in cost, otherwise
they argued that financial hardships
would result. One commenter argued
that facilities originally part of the group
application process, who will now be
submitting an NOI to be covered under
the baseline general permit, should be
given the same 180 to 270 days to
develop and implement the storm water
pollution prevention plan as those who
will submit NOI's for coverage under
. the multi-sector permit.
A few commenters commented upon
the 3-year time frame to implement
BMPs requiring construction. One
commenter suggested 5 years to
construct storm water control measures
with 50% construction at 2 years, 75%
at 3 years and 100% at 5 years. One
commehter also commented that 3 years
was not enough time to construct
controls under the storm water
pollution prevention plan for federal
facilities. At federal facilities funding
for construction is awarded in a 5-year
process. Two organizations commented
on the time frames for modifications to
the storm water pollution prevention
plan after the site compliance
evaluation. They argue that 12 weeks for
implementation of necessary changes is
not practical because they may require
engineering design and construction.
One commenter suggested that a period
of 1 year be allowed for changes
requiring facility modification.
EPA does not agree with the
numerous comments on the deadlines
for development and implementation of
a pollution prevention plan, and has
decided to maintain the deadlines as
proposed in the multi-sector permit for
the development, implementation, and
modification of the storm water
pollution prevention plan. EPA believes
that 9 months is adequate time for
facilities to develop and implement
storm water BMPs that do not require
construction and for those that do, up to
3 years is sufficient. EPA has issued
guidance on developing storm water
pollution prevention plans for industrial
activities, and this guidance is readily
available. In addition, the multi-sector
permit fact sheet provides an extensive
amount of information on the types of
industry-specific BMPs that can be
implemented by facilities in each of the
29 sectors. Those facilities that cannot
meet those deadlines may apply, on a
case-by-case basis for an extension of
the timeframes as specified in the
permit.
Most new facilities should have no
problem developing and implementing
their storm water pollution prevention
plans prior to the submittal of their NOI
and the start of operations. Subsequent
site compliance evaluations may show
that modifications are needed based on
operations at the new facility, however,
they will have the additional 12 weeks
after the inspection to implement the
needed changes.
Certification of the Storm Water
Pollution Prevention Plan
The proposed multi-sector permit
requests comment on requiring all
permittees to submit a certification to
EPA upon completion and
implementation of the storm water
pollution prevention plan. Most
commenters were against submitting a
certification statement confirming the
completion of the storm water pollution
prevention plan. Comments indicated
that the certification statement would
put an unnecessary burden on the
facilities. Commenters felt that when the
NOI is signed and submitted, the
permittee is certifying that he/she will
comply with all applicable permit
conditions including the development
and implementation of a storm water
pollution prevention'plan. However,
some commenters felt that submitting
the certification would help facilities
effectively plan the development of
their storm water pollution prevention
plans.
Today's permit does not require all
facilities under the multi-sector permit
to provide a certification upon
implementation of their storm water ,
pollution prevention plans. EPA agrees
with the commenters that by signing the
NOI form, permittees are agreeing to
comply with all permit conditions
within the specified deadlines of the
permit. This includes developing and
implementing a storm water pollution
prevention plan within 270 days after
permit finalization for pre-existing
facilities or prior to operation for new
facilities. EPA reserves the right to
request a copy of the completed storm
water pollution prevention plan at any
time and failure to comply would be a
permit violation. EPA also notes that
under CWA Section 402(j), permit
applications and permits must be
available to the public. Because the
storm water pollution prevention plan
constitutes a portion of the permit, such
plans must be publicly available.
Accordingly, EPA will contact
permittees as necessary to make such
plans available.
Identification of Outfall and Sampling
Locations, and Types of Discharges
Contained in Outfalls
The pollution prevention plan
requirements under the proposed multi-
sector permit includes the development
of a site map. This site map must denote
certain site characteristics, such as the
pattern of storm water drainage,
structural features that control
pollutants in runoff, and places where
significant materials are exposed to
storm water. EPA requested comment as
to whether the final permit should
require that the site map indicate the
outfall locations, sampling locations,
and types of discharges contained in the
outfalls.
A slim majority of the comments
received indicate that the additional
requirements should not be included in
the final permit. Commenters believed
the requirements, if adopted, could
confuse users by cluttering the map, and
would be a duplication of information
that is required under other sections of
the pollution prevention plan. In
addition, several commenters stated that
sampling locations may vary, depending
upon factors such as the amount of rain,
safety considerations, and activities
occurring at the facility. Commenters
argued that to continually revise the
map to include these changes would
place an unnecessary burden on the
facility.
Commenters in favor of the additional
requirements stated that the information
will assist users that did not participate
in the development of the site map. In
addition, the map would be a good tool
for training new employees.
Commenters note that these
requirements should be limited to
outfalls covered under this permit, not
others, such as those discharging to
POTWs or those covered under separate
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NPDES permits. Also, it may be more
efficient to document some of the
information on a key to the map or in
a separate attachment. This would make
the map easier to read and avoid the
problem of clutter.
Today's permit requires permittees to
indicate, on the site map, the location of
all outfalls covered under the final
permit. In addition, the facility must
prepare an inventory of the types of
discharges contained in each outfall
(e.g., storm water and air conditioner
condensate). This inventory, however,
may be kept as an attachment to the site
map. Basic information on the discharge
points that are to be covered under the
permit should be readily accessible.
EPA believes that denoting the location
of the outfalls is important to the
permittee and will assist in determining
potential pollutant sources for each
outfall. EPA believes the benefit of
doing so outweighs the problems
pointed out by the commenters.
Inventory of Significant Materials and
Significant Spills and Leaks Within the
Past Three Years
The proposed multi-sector permit
required that facilities prepare an
inventory of significant materials that
are or have been exposed to storm water
discharges within the past three years.
Facilities were also required to provide
a list of significant spills and/or leaks
within the past three years. Both these
items must be included within the
storm water pollution prevention plan
with a description of the BMPs used to
prevent exposure of such leaks or spills
to storm water discharges.
Commenters stated that such
inventories would be burdensome to
compile. Commenters felt that facilities
would not have this information readily
available, especially recently acquired
facilities. In lieu of preparing the
inventories to cover activities within the
past three years, commenters wanted
inventories to be prepared from the
effective date of the permit.
Residuals from the leaks and spills
may be a major source of contamination
of storm water discharges. EPA believes
that it is important for facilities to
develop inventories of significant
materials and past significant spills and
leaks. These inventories will help
facilities identify the areas where best
management practices should be
implemented and is an integral part of
storm water pollution prevention. EPA
believes that this information is
available to facilities and can be readily
compiled from existing records. EPA
does not believe this requirement
represents an undue burden upon the
permittee. In addition, this requirement
is commonly included within other
issued NPDES storm water permits,
therefore EPA is retaining this
requirement hi the final multi-sector
storm water general permit.
Employee Training Requirements
The proposed multi-sector permit
requested comment on whether a
minimum training frequency of once per
year should be specified for all industry
sectors. Employee training is an
effective tool in prevention pollution of
storm water discharges. Employees that
have been taught the importance of the
pollution prevention plan measures and
controls are more likely to thoroughly
implement and continually maintain
them. The training program is required
to be described within the facility's
pollution prevention plan and is
apph'cable to all employees (including
contractor personnel where relevant).
Typical topics to be addressed include
good housekeeping, materials
management, and spill response
procedures.
Many commenters supported the
annual training requirement offered by
EPA and one commenter felt that the
training requirements were too high.
However, most comments indicated that
the training requirements should be
more flexible. For instance, training
should be based on the industrial
activity and the complexity of the storm
water pollution prevention plan which
will affect how often an employee
training program is necessary. This
flexibility will ensure that training
occurs only when necessary and may
lessen the burden on those facilities that
find training to be too burdensome.
To provide additional flexibility as
the commenters suggested, today's
permit includes training requirements
that are sector-specific depending upon
the needs assessed for each industry
sector. Sectors with industrial activities
that have a significant potential for
storm water contamination to occur for
reasons such as; operator error, lack of
understanding of the operation of storm
water controls, the need for frequent
routine maintenance, the frequent
changing of processes conducted
outdoors, etc., will warrant some
frequency of training. These types of
facilities must conduct employee
training at appropriate intervals which
they determine necessary based upon
these factors and others such as the
number of employees, the complexity
and types of pollution prevention
measures and the rate of employee
turnover.
Guidance for Storm Water Pollution
Prevention Plan Development
Several commenters requested
guidance on how to develop storm
water pollution prevention plans and
how to educate employees on storm
water pollution prevention plan
implementation. This information has
already been prepared by EPA and is
readily available. EPA published a
guidance manual for storm water
pollution prevention plan development
and implementation in September 1992.
The guidance manual, Storm Water
Management for Industrial Activities,
Developing Pollution Prevention Plans
and Best Management Practices (EPA
832/R-92-006), was written to provide
guidance for those facilities covered
under the baseline general permit.
However, the storm water pollution
prevention plan requirements are
similar and the manual is applicable for
those who will be covered under the
multi-sector permit. EPA also prepared
a companion guidance document for
construction activities, entitled Storm
Water Management for Construction
Activities, Developing Pollution
Prevention Plans and Best Management
Practices (EPA 832/R-92-005). This
document is also available from EPA.
Monitoring Requirements
Benchmarks
The proposed multi-sector permit
describes "pollutant benchmark values"
(See Table 7, 58 FR 61169) which were
used by EPA to determine the analytical
monitoring conditions in the proposed
permit. The benchmarks are also to be
used by permittees who are required to
conduct monitoring for comparison to
determine if they qualify for the low
concentration waiver. The standards are
based primarily upon EPA
Recommended Ambient Water Quality
Criteria (Gold Book) values for toxic
pollutants, and certain others, and
NURP median concentrations for most
conventional pollutants.
The benchmark values were used in
two ways in the proposed permit. First,
they were used as a standard of
comparison against the median industry
concentration for each pollutant that
was sampled during the application
process. If a median pollutant
concentration in the sampling data for
an industry sector was above the
benchmark values it was considered a
pollutant of concern for the industry
sector. Under the proposed permit,
when five or more median pollutant
concentrations were higher than the
benchmark values, the industry sector
was required to perform analytical
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monitoring under the terms of the
proposed permit.
Second, the benchmark values were
used as a standard of comparison for an
individual permitted facility that wishes
to qualify for the low concentration
waiver to be relieved from monitoring in
the fourth year of the permit
(monitoring cut-off values). The
permittee would conduct storm water
sampling as required under the permit
in the second year of coverage. From
this data, the permittee would average
the pollutant concentrations for each
monitored pollutant and would then
compare these averages against the
monitoring cut-off values. If the average
concentrations were below the cut-off
values then the permittee would be
relieved from monitoring in the fourth
year of the permit on the conclusion
that the pollution prevention plan was
effective in controlling the discharge of
the storm water pollutants of concern.
Although most commenters favored
the concept of an incentive approach to
monitoring, if monitoring had to be
required, a significant number of
commenters indicated that the
benchmark concentrations/monitoring
cut-off values were inappropriate.
Reasons given for this comment include
the following: (1) The use of water
quality criteria is an inappropriate
comparison for discharge data, because
it does not consider dilution of the
discharge in the receiving water; (2)
benchmarks should be determined
based upon local conditions not by
using national standards; (3) EPA
should not use NURP median
concentrations as benchmark values.
These values have no bearing to
industrial storm water discharge or to
water quality; (4) several of the
benchmark values are below the method
detection limit (e.g., arsenic) and would
therefore be impossible to achieve; (5)
other benchmark values are far too
stringent, (some are even lower than
drinking water standards) and runoff
from industrial areas would not meet
these benchmarks; (6) many of the
commenters were concerned that the
benchmark concentrations are, or will
become storm water effluent limitations.
Under today's final permit, EPA
continues to use benchmark
concentrations as a means for selecting
priority industries for analytical
monitoring and as a means for
determining if the facility is eligible for
a sampling waiver in the fourth year of .
permit coverage. However, because of
the comments received, the basis for
development of the benchmarks/
monitoring cut-off values has been re-
evaluated by EPA.
The revised benchmarks/monitoring
cut-off values and the basis for these are
presented in the Fact Sheet to today's
permit. Changes made to the
benchmarks/monitoring cut-off values
to address the concerns expressed in the
comments are summarized below.
Conventional Pollutants: NURP
median data for conventionals have
been replaced as benchmark values and
monitoring cut-off values for all
conventional pollutants except TSS and
nitrate plus nitrite nitrogen. The
replacement conventional benchmarks
are based upon pollutant concentration
levels required under the secondary
treatment regulations, North Carolina
water quality standards and existing
storm water effluent guidelines. In most
cases, the final benchmarks for
conventionals/monitoring cut-off values
are at higher concentration levels than
the benchmarks in the proposed permit.
Non-Conventional-Inorganic: Acute
water quality criteria based upon human
consumption (where acute values do not
exist) will be retained as benchmarks
and monitoring cut-off concentrations
for parameters if the values are not
lower than method detection limits.
Where the values are lower than the
method detection limits, the benchmark
has been replaced by the minimum
level. A minimum level for such a
pollutant is the method detection level
multiplied by a factor of 3.18. The factor
of 3.18 has been determined by EPA to
be the most appropriate level above the
detection level (for most pollutants) at
which reliable quantitation of the •
pollutant can be analytically
accomplished.
Non-Conventional-Organic: Water
quality criteria values based on human
consumption values are now used as
benchmarks. Acute water quality
criteria for these pollutants are generally
too high to be used as benchmark
values.
EPA believes that the revised
pollutant benchmarks represent a
reasonable standard of comparison for
industrial storm water discharges for the
two principle purposes described above.
All levels are above the method
detection limits for the respective
parameters and provide a reasonable
target for controlling storm water
contamination by pollution prevention
plans.
EPA emphasizes that the pollutant
benchmark concentrations are not storm
water effluent limitations, they are
simply standards of comparison or
targets by which EPA determined if
discharges from an industry sector or
facility merit monitoring under the
terms of the permit. Facilities are not
required to meet these concentrations as
effluent limitations in their discharges.
The benchmarks are designed to assist
facility operators in determining if their
pollution prevention plans are reducing
pollutant concentrations to below levels
of concern. Given the purpose of these
benchmarks/monitoring cut-off values,
EPA does not believe that dilution or
background concentrations of each
pollutant need to be considered. The
monitoring benchmark cutoff values are
not effluent limitations. For this same
reason, local conditions do not need to
be considered.
Facilities wishing to obtain a permit
which considers their local conditions
have the option of not seeking coverage
under this multi-sector general permit
but may submit an individual permit
application to their applicable EPA
permitting authority.
Minimum Required Data Needed for
Pollutants To Be Analyzed for
Monitoring
When determining industry-specific
monitoring requirements for facilities
under the multi-sector permit, EPA
performed statistical analyses on
pollutant data submitted in the group
applications. For pollutants of potential
concern, (those with at least three
observations (outfall samples) within an
industrial sector), EPA compared the
median values to the benchmark values
to determine a potential pollutant for
monitoring.
Commenters felt that three
observations of a parameter per sector
was not a fair minimum representation
for the facilities within a sector since
the pollutants may all be showing up at
three outfalls at only one facility and
this facility may not be representative of
an entire industry sector. Commenters .
argued that a parameter should only be
considered as a pollutant of concern if
it is observed at some significant
percentage of the sites sampled within
the sector. Other commenters stated that
the minimum should be based upon at
least three separate facilities instead of
outfalls. An entire sector should not be
required to monitor based upon the
information received from one facility
that sampled three outfalls.
EPA agrees with the commenters and
the methodology for developing
monitoring requirements for today's
permit has been revised. In the
methodology used for the monitoring
provisions for the final permit, EPA
only considers a pollutant to be of
concern where 3 separate facilities
submitted data within a subsector or
sector.
Under the methodology for the
proposed permit it was possible for an
entire sector to be required to monitor
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51077
based upon the data submitted by one
facility with three outfalls and EPA
agrees that one facility should not be
considered necessarily representative of
an entire industry sector for the
purposes of determining the need to
monitor. If three facilities which
discharge a pollutant, however, the
pollutant is not unique to a particular
facility and is indicative of the
industrial activities conducted in the
industry sector or subsector. EPA
conducted the monitoring evaluation
assuming both a normal distribution
and a lognormal distribution of the data
sot. The results were not significantly
different.
Quality of the Part II Database
The Part 2 group application database
includes Part 2 monitoring data from
participants which participated hi the
group application process. Statistical
analyses (e.g., mean, median, 95th
percentile, and 99th percentile values)
of this data was conducted for each
parameter within every industrial
sector. These analyses were conducted
assuming both a normal distribution to
the data and a lognormal distribution.
The results of the analyses were used in
the methodology to determine the
proposed monitoring requirements.
Several commenters stated that the
database, which only included
monitoring data received prior to
January 1,1993, was incomplete and/or
contained errors. The commenters
stated that the database should be
expanded to include all the group
application data, as well as further
reviewed to eliminate duplications and
inaccuracies. Other commenters
requested that the methods used to
develop the statistical evaluation of the
data be revamped (e.g., use a lognormal
distribution of the data), hi addition, a
few commenters stated that the analysis
did not properly consider facilities
which did not submit data for a
pollutant listed in Part C of the Form 2F
since these facilities had no reason to
believe the pollutant was present hi
their discharge. Therefore, the
commenters argued, EPA's analysis
should assume that the discharge
concentration of these pollutants is zero.
EPA has again reviewed and double-
checked the monitoring data analyzed
for the development of the permit. EPA
concludes that the monitoring data
analyzed is representative of the
industries evaluated. EPA analyzed data
which was submitted months after the
application deadline for the purpose of
identifying pollutants of concern and
developing monitoring requirements, hi
addition, on a sector-by-sector basis,
EPA reviewed data that was submitted
late to determine if the additional data
was consistent with what had already
been evaluated. Given this extra level of
effort to analyze and consider all
submitted data, even though some data
was not loaded into the database that
was publicly distributed, EPA believes
that the analyses performed on the
group application sampling data, and
the results that were derived, are valid
and reasonable.
EPA also believes that the concerns
raised by commenters about the number
of duplications and errors contained in
the database which was distributed, is
no longer warranted in that as errors
were noted, EPA further screened and
corrected the database. In response to
the recommendation from commenters
that a zero concentration value should
be entered into the database every time
a facility did not sample for a given
pollutant because they did not believe it
was present on then1 site, EPA does not
agree. Obviously, assuming zero
concentrations for these facilities would
significantly reduce the mean and
median concentrations. This would be
imposing a major, unsupported
assumption into the database. It cannot
be assumed that facilities which did not
submit data for a part B or C pollutant
have a discharge concentration of zero
for that pollutant. Facilities which did
not sample for a pollutant because they
did not believe it was present, may not
have adequately considered all potential
sources of these pollutants, hi addition,
facilities that did sample were supposed
to be representative of the entire group
in which they were located. This was a
process determined by the group
applicants themselves, with approval
from EPA. Therefore, where facilities
did sample and report for a given
pollutant, and other facilities in the
group did not, it could be assumed that
the pollutant really was present at all
other facilities. To be more accurate and
unbiased hi the analyses of the data,
EPA chose not to assume either a zero
value or an extrapolated value for
pollutants that were not analyzed for by
some facilities within a sector. EPA
analyzed only actual data points that
were submitted. Where a pollutant was
tested for, and the result was below
detection levels, EPA assumed these
data points to be zero values for the
pollutant.
Establishing Priority Monitoring Sectors
The multi-sector permit requires
analytical monitoring only for 'priority'
sectors. A sector was considered a
'priority' if, based on the Part II data for
the sector, five or more pollutants
sampled for had median concentrations
above benchmark values. If the sector
had median values greater than
benchmark values for four or less
parameters, only visual examinations
would need to be conducted.
Several commenters stated that the
methodology employed for establishing
priority sectors was arbitrary and/or
flawed (i.e there is no basis for choosing
five as the number of parameters needed
to be above benchmark levels to trigger
sampling). Others indicated that the
approach did not consider the relative
impacts (e.g., toxicity) of the pollutants
on receiving waters. Commenters also
indicated that it was inappropriate to
group together a wide range of
industrial activity discharge data into
one industry sector, and to use that data
as a basis for comparison.
In response to these comments, EPA
has revised the methodology for
selecting which industries must conduct
analytical monitoring. EPA reviewed the
grouping of industries into sectors for
statistical analysis. It was determined
that in some cases a sector contained a
grouping of industrial activities which
may have different storm water
discharges, hi these cases EPA modified
its analysis to statistically summarize
the industry by subsectors. Division into
industry sub-sectors was prepared hi
most cases based upon the three digit
SIC codes provided by the group
participants in their group application
information. The results of the subsector
analysis of the data were then used for
comparison to the revised benchmarks
(discussed above).
Today's permit also eliminates the
five pollutant threshold for determining
if a sector merited monitoring, For each
subsector (or sector where it was not
possible to further divide the sector into
subsectors) EPA compared, on a
pollutant by pollutant basis, the median
concentration to the benchmark. Where
the median concentration for a pollutant
is higher than the benchmark, where
there are likely sources of the pollutant
associated with the industrial activity,
and where the concentrations are high
enough so as not to be due to
"background" or natural sources, the
subsector (or sector) is required to
conduct analytical monitoring for the
listed pollutant. This methodology is
pollutant-specific and addresses the
concerns that some commenters had
that some industries within a sector may
be inherently clean compared to other
industries in the same sector, hi
addition, this approach is more
environmentally protective in that the
number of different pollutants in a
discharge does not necessarily increase
the risk posed by that discharge. It is
possible that a re'ceiving water may be
significantly impacted by a discharge
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containing a high concentration of just
one pollutant and therefore monitoring
should be conducted to determine if
controls are adequately reducing the
levels of the discharge. ,
Selection of Additional High Priority
Sectors Based Upon Factors Other Than
Sampling Data
When determining industry-specific
monitoring requirements for facilities
under the multi-sector permit, EPA
identified three additional industry
sectors based upon a review of the
degree of exposure, types of materials
exposed, and the need for more
sampling data than what was submitted
in the group application. The industry
sectors identified are hazardous waste
treatment, storage and disposal facilities
(TSDFs), auto salvage yards and
airports.
Commenters felt that selection of
these industries as priority sectors was
arbitrary, particularly for those sectors
where it was determined that the
monitoring data submitted was not
adequate (automobile salvage yards and
airports). Under today's permit EPA is
continuing to require monitoring for
these three sectors which were selected
based upon criteria other than the
methodology employing the part 2
sampling data. It is EPA's best
professional judgement that these
industries merit further monitoring
based on anticipated presence of
significant pollutants. The data
submitted was insufficient to disprove
the EPA conclusion that these types of
facilities have a significant potential to
discharge contaminants. EPA believes
the data submitted for these industries
is insufficient and not representative of
the discharges from the facilities and
therefore additional data should be
collected.
Should the Multi-Sector Permit Require
Facilities That Must Monitor for Total
Recoverable Metals To Also Monitor for
pH?
Not all sectors of the proposed multi-
sector permit require facilities that must
monitor for total recoverable metals to
also monitor for pH. Because it is
known that the toxicity of metals is
affected in part by pH, EPA requested
comment as to whether to add pH to the
list of parameters to be monitored in
those sectors where total recoverable
metals are also being chemically
monitored.
Several commenters agreed with the
addition of pH as a parameter that
should be measured for all sectors
where monitoring of a total recoverable
metal is required. These commenters
argued that it is not an expensive
burden, requires little effort, and the
data is needed to evaluate the impact of
metals in the storm water discharge.
One commenter stated that monitoring
of pH would be appropriate since the
pH of local rainfalls varies by the
particular region where a facility is
located. One commenter supported the
use of this parameter only if toxicity
changes in the metals could be
demonstrated to occur at pH values
presented in the group data. Several
commenters stated that rather than the
pH of the discharge being monitored
that it is the pH of the receiving stream
that is of critical concern. One
commenter supported the monitoring of
this parameter only if the EPA granted
facilities the option of monitoring for
other total recoverable metals or
dissolved metals.
One commenter stated that
monitoring of pH would only be
necessary if pH in the receiving water is
a problem and should be considered
only after the total loading of an entire
watershed is established showing that
fluctuations in pH are not the result of
pollutants from industrial activities, but
are from sources such as acid rain. One
commenter stated that they have
performed studies which show that pH
is not a concern for the food and
kindred products sector.
The majority of the commenters were
opposed to the blanket requirement to
monitor pH whenever total recoverable
metals were required to be monitored.
The opposition was mainly due to the
inherent problems associated with acid
rain and in evaluating and linking the
cause of toxicity to industrial activities
and the associated storm water
discharge. Several commenters strongly
opposed a requirement to monitor pH
believing it to be unnecessary. Many of
those opposed felt the analysis should
be left to the discretion of the facility in
the development of their storm water
pollution prevention plan.
EPA will not require facilities to also
monitor pH for every sector that must
monitor total recoverable metals. Rather,
the decision will be left to the discretion
of the facility or will be specifically
required within a sector for other
reasons. Monitoring the pH of the storm
water may not provide an indication of
the effectiveness of the storm water
pollution prevention plan because of the
influences of factors other than the
facility's industrial activities on the pH
of the discharge (i.e., acid rain).
Allowing the facility to evaluate the
effectiveness of the measurement of pH
for each particular facility will alleviate
the misinterpretation of the data that
may result. This may be particularly
true for extreme pH values beyond those
normally anticipated with acid rain.
Support or Opposition to Baseline
Monitoring Requirements
In the proposed multi-sector permit,
EPA modified some sector monitoring
requirements based upon the group
application data submitted. EPA
requested comment for each industrial .
sector on the changed requirements
from the 1992 baseline general permit
that were proposed in the multi-sector
permit. Fifteen of the sixteen
commenters that commented on this
issue were opposed to the monitoring
requirements in the baseline permit.
Several supported the deviations from
the baseline permit which they claimed
Was based only on theoretical and
potential discharges, whereas the
monitoring requirements for the multi-
sector permit were based on actual
storm water discharge data from the
industries. A couple of commenters
stated that the use of the baseline
monitoring requirements Would defeat
the purpose of the money and effort
spent on collecting data for the
application process.
One commenter, while still opposed
to any'monitoring requirements for the
fiberglass and aluminum boat builders,
supported the monitoring parameters in
section IX.R.8 of the multi-sector permit
in lieu of the baseline permit. Two
commenters supported the change from
the baseline permit requirements, which
triggered monitoring at 50,000 flight
operations per year, for airports. One
commenter in tine rubber and
miscellaneous sector was concerned
that any analytical monitoring was
being associated with the sector because
they do not have any outside storage.
Another commenter supported the
changes in the requirements for the
Glass, Glay, Cement, Concrete, and
Gypsum product sector where only the
ready-mix concrete plants must monitor
because visual monitoring is more
appropriate for determining whether
BMPs are effective. One commenter
from the, steam electric group felt that
the monitoring requirements from the
baseline permit were more appropriate,
particularly the annual monitoring,
compared to the monthly visual
observations arid quarterly chemical
monitoring in the multi-sector permit.
The commenter stated that pollutants in
their storm water discharge are
essentially unvarying and that the
original list of pollutants in the baseline
general permit provided a more
appropriate set of indicators of storm
water contamination from their site.
EPA has reviewed both sets of •
monitoring requirements and as a^esult
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51079
will not incorporate the monitoring
conditions from the baseline general
permit into the final multi-sector
permit EPA believes that the
monitoring requirements in the baseline
permit are designed primarily to
characterize pollutants in storm water
discharges from those facilities seeking
coverage under the permit. For the most
part, this characterization effort has
already been accomplished through the
group application sampling. Whereas,
the multi-sector general permit
monitoring strategy has been designed
primarily to provide information on the
effectiveness of the storm water
pollution prevention plan.
Visual Examinations of Storm Water
Discharges
The multi-sector permit includes
requirements for facilities to perform
visual examinations of storm water
discharges. "High risk" industry sectors
were required to perform visual
examinations of storm water samples on
a monthly basis. "Low risk" sectors
were required to perform the exam on
a quarterly basis.
EPA received a large number of
comments on the proposed visual
examination requirements, both in
support and in opposition. The majority
of comments were in reference to the
frequency of visual examinations.
Others commented that the costs/
requirements of the visual exams were
too burdensome, and some facilities
wanted no visual exams at all. Other
comments included requests for:
clarification of language requiring visual
examinations; more specific criteria for
when to conduct a visual examination;
provision of a checklist for performing
visual exams; and criteria for examining
snow melt runoff.
Commenters who opposed the
requirements did so because; visual
exams are too burdensome for facilities
with many outfalls; conducting visual
exams is too time consuming; the
logistics associated with performing
visual exams are too difficult for the
average worker to understand; the
results of the exam will be of no value;
and the visual exam requirements are
too frequent and will encourage
fraudulent submissions.
Some commenters were opposed to
the visual monitoring requirements
stating that it is not as effective as
examining the equipment installed to
accomplish pollution prevention. They
suggested that if the requirement is
retained, the idea of comparing the
visual observation to a baseline be
addressed because the use of the same
site personnel over time is not viable
due to continuous rotation of personnel.
Other commenters were opposed to the
burden that would result from the
support documentation needed to meet
the 72 hour dry weather and 0.1 inch
rainfall requirements. These
commenters felt this would require
. constant monitoring of the weather,
recordkeeping, and the development of
monthly visual observation reports
which would be costly for small
companies.
Numerous commenters supported the
use of visual examinations to monitor
the effectiveness of the pollution
prevention plan and the implemented
BMPs. These commenters stated that
visual examinations can be an effective
tool and would allow easy detection of
suspended and settled solids, oil sheen
and other obvious indicators. Some
commenters that favored visual
monitoring suggested this be done in
'lieu of any chemical analyses.
EPA believes that the visual
examinations will provide permittees a
quick and inexpensive assessment of the
effectiveness of the facility's pollution
prevention plan on a more frequent
basis, but at a more cursory level, than
just analytical chemical monitoring. The
examinations are intended to be
conducted by the company's pollution
prevention team, or someone who will
be familiar with storm water
management at the facility. The team
may be able to identify sources of
contamination in the storm water
discharge given their knowledge of the
industrial activities conducted at the
facility and the materials stored exposed
to storm water. From these observations,
the team may be able to identify
additional BMPs that can be
implemented to control the contaminant
sources, or ways to improve the
efficiency of existing BMPs. EPA will
retain the requirement to perform a
visual examination of the storm water
discharge in today's multi-sector permit.
EPA believes the visual examination of
the discharge will become an important
part of an active facility's overall effort
to control storm water contamination.
EPA maintains that the visual
examination of the storm water
discharges will allow a quick and
simple assessment of the quality of the
storm water runoff which can then be
used to help assess the effectiveness of
a facility's pollution prevention plan at
very little cost. The results of the visual
examination should be used in
conjunction with the results from the
comprehensive site compliance
evaluation, analytical monitoring, if
required, and sector-specific inspections
to determine if appropriate BMP's have
been implemented. .
Today's permit and fact sheet include
more detailed language which
elaborates on the description of the
visual exam requirements. Additionally,
the frequency for visual examination for
all applicable industry sectors will be
quarterly under today's permit. This
responds to a majority of the
commenters by reducing the burden
placed upon facilities, and allows a
more reasonable amount of time for a
representative storm event to occur. The
information from visual monitoring is
intended to be used by the facility as a
quick and simple means of determining
any obvious changes in the quality of
storm water runoff from the site when
the discharges are occurring. EPA
understands that there is a measure of
uncertainty and subjectivity in
performing visual exams, but believes
this will not adversely affect the
purpose of the examinations. In
summary, visual examinations of the
storm water discharges provide a low
cost means for the facility operator to
routinely assess storm water problems at
a facility and will provide an indication
of major problems with the effectiveness
of the storm water pollution prevention
plan.
Alternative Monitoring Provisions
In the proposed permit, EPA
requested comment on alternative
monitoring and reporting requirements
in lieu of the proposed requirements.
Most of the commenters were opposed
to the alternative monitoring
requirements. Some commenters
believed the alternative monitoring
requirements would focus too much
attention on sampling and not enough
on pollution prevention plans. Some
commenters did not think the whole
effluent toxicity testing, where it was
proposed in the alternative
requirements in certain sectors, would
be appropriate for storm water
evaluations also stating that they are too
expensive and complicated. Some
commenters supported the proposed
alternative monitoring requirements
stating that the alternative requirements
should be kept as an option assuming
there is appropriate data demonstrating
the need for this monitoring.
In response to the comments
concerning the alternative monitoring
provisions discussed in the fact sheet of
the proposed permit, EPA is not
incorporating these monitoring
requirements into the final permit.
Rather, as explained above, EPA has
reconsidered the entire monitoring
strategy as proposed in the permit and
has developed a new monitoring
strategy based upon a sub-sector
analyses of the data to be responsive.to
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the majority of concerns regarding storm
water monitoring in the proposed
permit.
Signatory Requirements
The multi-sector permit requires that
all Notices of Intent (NOI), Notices of
Termination (NOT), storm water
pollution prevention plans, reports,
certifications or other information,
either to be submitted, or to be
maintained by the permittee, be signed
in accordance with the requirements in
40 CFR Part 122.22.
One commenter stated that the NOI
certification is significantly different
than the wording in the September 9,
1992 baseline general permit. Another
commenter stated that the signatory
requirements should be similar to those
required by the national pretreatment
program to maintain consistency and to
avoid confusion. One commenter stated
that the signatory requirements were
appropriate for the NOI and the NOT,
however, were not appropriate for the
storm water pollution prevention plan
and other such documents because they
are excessive when compared to similar
programs. This commenter suggested
that an appropriate company
representative such as those outlined in
VII.G.2 would be more appropriate to
provide a signature because they are
more familiar with the regulations and
the operations of the industrial facility.
One commenter requested that a
member of the storm water pollution
prevention plan team be allowed to sign
the site compliance report.
EPA will maintain the signature
requirements as proposed in the multi-
sector permit which requires that all
NOIs, NOTs, storm water pollution
prevention plans, reports, certifications
or information either to be submitted to
the Director, or that are required to be
retained by the permit, be signed by a
responsible corporate officer. The
certification and signature requirements
in the multi-sector permit are the same
requirements as those used in other
areas of the NPDES program and the
pretreatment program and have not been
changed from the September 1992
baseline general permit. Furthermore,
the requirements allow authorized
representatives to be appointed for
signature authority. Therefore, if a
facility feels it is more appropriate for
a member of the storm water pollution
prevention plan team to sign the
documentation, that option is available
under the permit.
Miscellaneous Inspection Requirements
EPA received comments on
inspection requirements, recordkeeping
requirements, and reporting
requirements from 24 commenters. Most
of these stated that the proposed
requirements are too burdensome and
suggested ways to scale down this
burden, with suggestions ranging from
decreasing inspection schedules to
requiring less paperwork. A few
commenters opposed the frequency of
inspections required in several of the
sectors of the proposed permit.
Specifically, two commenters stated that
.monthly inspections of designated
equipment and areas of the facility are
unnecessary and inappropriate.
EPA has established visual and other
inspection requirements tailored to each
industrial sector based on conditions
specific to each sector. Where
appropriate, today's pennit contains
daily, weekly, monthly, or less frequent
inspections of various important facility
areas and activities. EPA believes the
frequencies in the permit are necessary
to ensure that storm water runoff from
these key areas does not cause
significant discharges of pollutants. -
Retention of .Records
Seven commenters stated that the
requirement that records be retained for
6 or more years (three years after the
pennit expires) is excessive. One
commenter suggested that a more
discrete time period be specified for
records retention, so as to eliminate the
undesirable result of inadvertently
requiring facilities to retain records
indefinitely if a permit is continually
extended. Five commenters suggested
that a three-year retention period is
adequate and consistent with other
NPDES permits. Another commenter
suggested that records be retained for a
maximum of one year after the
inspection or monitoring occurs. Two
other commenters stated that the
documentation and recordkeeping
requirements are too elaborate and
could require excessive resources from
small businesses. Four other
commenters stated that the reporting
requirements are unnecessary and
unduly burdensome.
EPA has retained all recordkeeping
requirements from the proposed permit.
However, in response to commenters'
concerns about inconsistent timeframes,
the Agency has standardized the
retention period for all records to be the
minimum period allowed under 40 CFR
122.41(j). Thus, today's permit requires
permittees to retain all records (those
from inspections as well as monitoring
data) for a minimum of three years from
the date of the inspection, sampling, or
measurement. In addition, to help
reduce the amount of reports permittees
may be required to generate during a
permit term, EPA has reduced some of
the inspection and examination
requirements for some industrial
sectors. For example, the requirement
for visual examinations of discharges
has been changed to quarterly for all.
sectors (except air transportation) and
pollutant-by-pollutant no exposure
certifications are now allowed. EPA
believes these changes, and others in
today's permit, will decrease the
recordkeeping burden on many
facilities, including small businesses.
Special Requirements for Facilities
Subject to Reporting Requirements
Under EPCRA 313
EPA received a number of comments
that addressed the proposed special
requirements for facilities subject to the
EPCRA Section 313 reporting
requirements. Specifically, 52 of these
comments addressed the proposed
requirement for a certification of the
storm water pollution prevention plan
for an EPCRA 313 facility by a
Professional Engineer (PE), of which 50
opposed such certification and two
favored it. Thirty-one of the commenters
opposed to the certification indicated
that other categories of professionals
with knowledge of pollution prevention,
including hydrologists and certified
hazardous materials managers, would be
more appropriate than a PE to review
the plan. Most indicated that someone
very familiar with the facility would be
the most appropriate person to make the
certification. Other commenters noted
that the facility manager is legally
responsible and should be responsible
for certifying or selecting the certifying
party. A few commenters stated that the
PE provision would be unnecessarily
costly, particularly for small facilities.
One commenter added that the
frequency of certification should be
reduced to once every five years.
In response to these commenters, EPA
has removed the requirement for PE
certification from the pennit as well as
the requirement to certify the plan every
three years. The permit now requires
facilities subject to the EPCRA Section
313 requirements to conduct the same
storm water pollution prevention plan
certification procedures as facilities not
subject to EPCRA Section 313. Thus,
facilities subject to EPCRA Section 313
requirements need only certify their
pollution prevention plan when it is
developed or when revisions or changes
are made and does not include a PE
certification.
EPA also received numerous
comments that opposed the extension of
special requirements for EPCRA Section
313 facilities to all facilities with above-
ground storage tanks and/or exposed
handling of liquid chemicals. About half
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51081
of these commonters stated that there
was no basis for extending these specific
Best Management Practices (BMP) to
facilities that already have BMPs under
the EPCRA program. The other half
indicated that these special provisions
•were redundant with requirements in
other programs, such as RCRA. Two
commcnters also stated that such an
extension of requirements associated
with EPCRA to all facilities covered by
the multi-sector permit would be
inappropriate regulatory duplication.
Based on these comments and further
review, EPA is not extending the
Section 313 requirements to additional
facilities.
In addition to these specific
comments, EPA received 25 comments
opposed to the special storm water
pollution prevention plan requirements
for EPCRA Section 313 facilities. These
commenters objected that there are a
variety of burdensome aspects of the
prescribed practices. Sixteen of these
commenters suggested that the special
requirements are redundant with those
imposed by other programs and/or are
inappropriate given the data presented
in the notice on the presence of
pollutants hi storm water from EPCRA
Section 313 facilities and non-313
facilities. They indicated that the data
show no distinguishable differences
between storm water pollution from
these two categories. Other commenters
stated that the costs of complying with
the special provisions for Section 313
facilities are excessive. With the
exception of the PE certification, EPA is
not reducing the special pollution
prevention plan requirements for
facilities subject to EPCRA Section 313
requirements. The Agency is leaving
them hi place because of the nature of
the industrial activities and chemicals
handled at such facilities. These
controls are necessary to ensure that
storm water runoff does not become
contaminated with EPCRA Section 313
water priority chemicals. The use of
these controls represents an established
level of technology-based controls that
are already being implemented at many
of these types of facilities and EPA
believes this level of technological
control should be maintained.
On January 12,1994, EPA proposed to
add 313 new chemicals to the EPCRA
Section 313 list of chemicals found at 40
CFR 372.65. On November 30,1994,
EPA published a final notice in the
Federal Register adding 286 chemicals
to the list A Section 313 water priority
chemical is defined as a chemical or
chemical categories which are: 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 HI 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 n (organic
priority pollutants), Table HI (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.
In response to this rulemaking, EPA
analyzed the list of Section 313 water
priority chemicals in the proposed
multi-sector general permit by
comparing these 286 new chemicals
against Tables II, III, and V of Appendix
D of 40 CFR 122, the list of hazardous
substances listed at 40 CFR 116.4, and
the list of pollutants for which EPA has
published acute or chronic water quality
criteria. Based on this analysis, EPA is
adding 44 of the 286 new chemicals or
chemical categories to the list of Section
313 water priority chemicals which is
an appendix to today's permit. In
developing the original definition of
Section 313 water priority chemicals,
EPA included a reference to the EPCRA
313 chemical listing and noted that
future additions to the list could occur
1 and that these would automatically
expand the storm water EPCRA 313
water priority chemical list used in the
industrial storm water general permits.
In addition, the proposed regulation to
expand the EPCRA 313 list notified the
public that with an expansion of the list,
other programs, such as the storm water
permitting program that incorporated
the EPCRA 313 listing, would also be
: similarly affected.
By adding these new chemicals to the
water priority chemical list, potentially
more facilities will be required to
implement the EPCRA 313 special
pollution prevention plan requirements.
' However, EPA believes that the
additional water priority chemicals will
not have a significant impact on the cost
of compliance by any individual
facility. Facilities already implementing
these provisions may have additional
chemicals to address in their plans
beyond those they already consider, but
EPA believes many of the BMPs and
pollution prevention measures already
being implemented will be applicable to
the new chemicals. EPA re-examined
, the estimated upper range of cost of
' compliance by a facility required to
implement the special EPCRA water
priority chemical pollution prevention
plan requirements, and has determined
that the added chemicals will not cause
this range to be exceeded.
Cost of Compliance
EPA received several comments
concerning cost estimates for the permit
requirements, many of which offer
similar viewpoints. EPA provided
estimates of the cost of compliance in
the fact sheet to the proposed permit.
These costs covered a range of costs,
from low to high, that may be necessary
to implement a storm water pollution
prevention plan at the wide range of
types of facilities that will be covered
under this permit. Twenty-eight
commenters stated that the estimated
cost for industry to comply with the
multi-sector permit is too high. In
response to these comments, EPA re-
examined its cost estimates to ensure
that they were accurate and to ensure
that the range, as estimated, adequately
covered all anticipated circumstances.
From this re-evaluation, EPA believes
that the costs of compliance, which
includes preparing and implementing a
pollution prevention plan during the
term of the permit, are accurate and
adequately cover the range of
anticipated costs for facilities that will
be covered under this permit. In
addition, EPA believes the cost of
compliance is not high when compared
to the potential site-specific
requirements that may be imposed in
order to comply with an individual
permit. Therefore this multi-sector
general permit represents a significant
cost savings over the individual permit
option.
Six of these commenters also cited the
high end of the EPA cost estimates as
being too high for small businesses. In
response to this, EPA wants to clarify
that the high-end cost estimates will
mostly, if not entirely, apply to larger,
more complex facilities with more
potential sources of pollutants and
therefore a more comprehensive storm
water pollution prevention plan. In
deriving the cost ranges, EPA
anticipated that most small business
compliance costs would fall at the low
end of the cost ranges.
Twenty-four of the twenty-eight
commenters who believed that the
estimated cost of compliance is too high
also expressed concern that the
proposed permit will bear an unfair
burden on small businesses and
possibly threaten their ability to remain
in operation. However, several of these
commenters based their position on the
high end of the cost estimates, which
are most likely to apply to larger
facilities. In response to this concern,
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51082 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
EPA estimated the cost of compliance
for a hypothetical small business in the
automobile salvage yard industry. This
example has been added to the fact
sheet of the permit and illustrates an
estimate of a small auto salvage yard
costs that such a facility many actually
incur in complying with this permit.
The Agency expects that the actual cost
of compliance with the permit for a
hypothetical small automobile salvage
yard would be $874 in the first year and
$561 for each following year. The low-
end estimate is appropriate for, the
majority of smaller facilities, with some
facilities, like the hypothetical small
auto salvage yard, likely to face even
lower costs.
Nineteen commenters (including
eleven of the twenty-eight who believe
that the estimated cost of compliance is
too high) stated that EPA's upper cost
estimates given for complying with the
proposed permit are too low. Many of
the commenters questioned how EPA
has developed its cost estimates and
argued that the actual cost of
compliance will greatly exceed the costs
cited by EPA. In response, EPA does not
believe its cost estimates are too low as
mentioned above. EPA based the cost
estimates in the proposed permit on
those prepared for the baseline general
permit. Because the compliance
requirements in today's permit reflect
those in the baseline permit, EPA
believes that the cost of compliance
with the multi-sector permit will be
similar to the baseline permit. Actual
costs for some facilities may be lower in
some circumstances under the multi-
sector permit because the multi-sector
permit fact sheet provides guidance on
the types of BMPs that may be
applicable for an industry sector.
In addition, several other specific
concerns were presented by small
businesses. Sixteen small businesses
commented that the compliance costs
would force small businesses to either
lay off employees or go out of business
completely. Another seven commenters
warned of the consequences that could
result if small automobile recyclers were
forced out of business by the cost of
compliance with the permit. They
argued that vehicles would be
abandoned along roads, left in back
yards, etc., resulting in a worse scenario
than that which existed before the
permit was put into effect. In response,
EPA does not expect the costs of
compliance with the multi-sector permit
to force a small business out of business
as described above. In developing the
permit, the Agency considered not only
the needs for storm water controls, but
also the capabilities of each sector's
facilities to maximize available in-house
resources. EPA encourages facilities to
use activities and controls already
routinely conducted to the maximum
extent possible to meet the permit
requirements. EPA anticipates that
many small businesses will be able to
tailor their existing activities to satisfy
many of the requirements of the multi-
sector permit and that trade associations
will help in developing model pollution
prevention plans and in providing
technical information and assistance to
their membership.
Eight small business responses called
for a small business exemption to
eliminate storm water sampling and
documentation requirements. They
perceived the costs for sampling and
documentation to be most burdensome
on small businesses, many of which
have limited human resources. In
response, EPA is not providing
exemptions in the multi-sector permit to
businesses because of their size.
However, EPA has changed several
requirements of the permit which will
reduce burden on the permittee. For
example, comprehensive site
compliance evaluations are now
required only annually for all industrial
sectors. EPA has also reduced some of
the inspection requirements where
appropriate. Additional revisions have
been made to various industrial sector
requirements to help reduce the burden
on small business and other permittees.
Endangered Species Act (ESA) and
National Historic Preservation Act
(NHPA)
To address the provisions of the .
Endangered Species Act, the proposed
permit denied coverage to any discharge
which had "a direct or indirect effect
upon a listed endangered or threatened
species or its designated habitat". The
permit allowed coverage to discharges
with an impact on endangered or
threatened species where the facility
had obtained an incidental take permit
from either the U.S. Fish and Wildlife
Service (FWS) or the National Marine
Fisheries Service (NMFS). The proposed
permit required that a discharger
seeking coverage, certify in its Notice of
Intent (NOI) to be covered by the multi-
sector permit that its storm water
discharge will not have any direct or
indirect effect on listed species or
critical habitat unless the discharger had
first obtained a permit under § 10 of the
ESA (for incidental takings).
To comply with the provisions of the
National Historic Preservation Act, the
proposed permit denied coverage to
discharges that "disturb a site that is
listed or eligible for listing in the
National Historic Register." A discharge
that does disturb a historic site may be
eligible for coverage if the facility
obtained, and is in compliance with, a
written agreement with the State
Historic Preservation Officer (SHPO).
The permit required that a discharger
seeking coverage must certify in its
Notice of Intent (NOI) to be covered by
the multi-sector permit that its storm
water discharge will not disturb a site
that is listed or eligible for listing.
A number of commenters opposed
these eligibility restrictions and
suggested that the requirements be
modified. Several commenters
suggested that the permit allow coverage
for all facilities initially, but include a
provision which would allow the
Director to exclude from coverage any
discharge which was determined to
have an impact upon a threatened or
endangered species, or which disturbs a
historic site. Others stated that the terms
"no direct or indirect effect" in the ESA
eligibility restrictions, and "will not
disturb" in the NHPA eligibility
restrictions are overly broad and subject
to varying degrees of interpretation.
These commenters requested
clarification as to what constitutes a
direct effect, an indirect effect or a
disturbance. Still other commenters
suggested that the eligibility
requirements merely require the
applicant to send a letter to the
appropriate Agency requesting a
determination of the facility's impact
upon threatened species, endangered
species or historic sites. These
commenters argued that a facility does
not have the resources to make a
determination on its own. Several
commenters suggested that the
eligibility restrictions only apply to new
facilities. They argued that existing
facilities should not be required to make
the determination because any effects or
disturbances due to their discharges
have already occurred.
Commenters also listed a number of
reasons for removing the eligibility
restrictions altogether. Many
commenters stated that the permit
inappropriately deferred EPA's
responsibility to consult with FWS,
NMFS or Historic Preservation Offices
to the discharger. They argued that both
ESA and NHPA require EPA to perform
the consultation prior to issuing the
permit. The commenters argued that the
consultation would be costly and time
consuming for dischargers to perform.
Several commenters stated that the
Services and Offices which would have
to be consulted would be overwhelmed
by the number of inquiries generated by
the permit and unable to respond to
requests for consultations in a timely
manner.. Other commenters stated that it
was unnecessary to include the ESA and
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51083
NHPA requirements in the permit
because facilities are already subject to
those and other existing federal laws
and regulations. Requiring compliance
with these provisions in the permit
places undue emphasis upon these
statutes in comparison to all other laws
and regulations.
In response to the comments
regarding endangered species, the ESA
requires, among other things, that EPA
ensure, in consultation with the FWS
and/or NMFS that actions it authorizes
or carries out are not likely to jeopardize
the continued existence of threatened
and endangered ("listed") species or
result in the destruction or adverse
modification of the designated critical
habitat of listed species. In addition, the
ESA generally prohibits EPA, as well as
those seeking general permit coverage,
from "taking" listed species without the
prior authorization of the FWS/NMFS.
To fulfill its responsibilities under the
ESA, EPA developed a series of
conditions in the proposed permit
which were reviewed by the services
during the consultation. The
consultation culminated in the issuance
of a FWS/NMFS Biological Opinion that
EPA's approach would not likely
jeopardize listed species, adversely
modify critical habitat, or result in
takes. The consultation also resulted in
changes to the conditions of the permit
for endangered species protection. The
revised conditions represent a
simplified process that should be easier
for permittees to comply with, yet will
still ensure that storm water discharges
authorized under this permit will not
adversely affect endangered species.
The revised ESA conditions require
that an applicant comply with the ESA
and be granted coverage under the
permit only if the storm water
discharges and BMPs to be constructed
are not likely to adversely affect the
endangered species listed in Addendum
H of the permit; or the applicant has
received previous authorization under
the ESA and established an
environmental baseline; or the applicant
is implementing other appropriate
measures, as required by the Director, to
address adverse affects. In addition, the
applicant must certify that their storm
water discharges and potential BMP
construction activities are not likely to
adversely affect the species listed in
Addendum H of the permit. Addendum
H is a county-by-county listing of the
endangered species upon which the
consultation is based. EPA believes this
new process fully implements the
requirements of the ESA and the
outcome of the consultation with FWS
and NMFS, and is protective of
endangered species. EPA also considers
this revised approach to be a more
practical and straightforward process for
an applicant to gain coverage under the
multi-sector general permit.
EPA expects that the vast majority of
applicants will be able to meet the ESA
certification requirement by either
determining that no listed species are
found in the county of the discharge or
by determining that listed species found
in the county are not in proximity to the
discharge. EPA believes that requiring
applicants to provide the certification
commented upon is reasonable and
necessary so that EPA may act to
lawfully authorize an applicant's
general permit coverage. See
§308(aHA)(v).
EPA does not need to enforce every
law and regulation through permits—
only those which create obligations on
EPA for its actions (through statutes
such as the ESA and the NHPA) that are
in response to permit applications
^presented to EPA by persons seeking to
comply with the CWA, e.g., applicants
for NPDES permits.
As to permit coverage for existing
facilities, "action" under the pertinent
ESA regulations includes "all
activities. . .of any kind authorized by
federal agencies. . .[including] the
granting of. . .permits.. . ." 50 C.F.R.
§ 402.02. Agencies must consult with
the FWS or NMFS wherever an action
may affect listed species. 50 C.F.R.
§ 402.14. Given that storm water
discharges from existing facilities may
have new or continuing effects on listed
species (in addition to past effects),
there was a clear need for coverage of
existing facilities also to be adequately
protective.
In response to the comments raised
regarding the NHPA, EPA recognizes
that the National Historic Preservation
Act ("NHPA") imposes obligations on
the Agency to take into account the
effect of permit issuance on historic
properties. Today's general permit
establishes a mechanism whereby the
Agency can efficiently administer the
permit and still take into account the
effect of general permit coverage on
: historic properties consistent with its
obligations under the NHPA. EPA will
assure NHPA compliance primarily
through the eligibility and certification
requirements of the general permit. The
general permit does not authorize
discharges that (1) affect a property that
is listed or eligible for listing on the
National Register of Historic Places,
unless (2) the applicant has obtained
and is in compliance with a written
agreement between the applicant and
the State Historic Preservation Officer
; ("SHPO") that outlines all measures to
be undertaken by the applicant to
mitigate and prevent adverse effects to
the historic property. Applicants for
general permit coverage must certify
that they have read and are in
compliance with the eligibility
provisions of the permit.
The operation of this mechanism
should assure compliance with the
NHPA for any authorization to
discharge provided under today's
permit. EPA anticipates the first
component of the eligibility/
certification mechanism will provide an
adequate opportunity to take into
account the effect on historic properties
for the vast majority of discharges to be
authorized under the permit. EPA
anticipates that the preliminary
evaluation by the applicant will quickly
identify those discharges that may
implicate concerns about historic
preservation. The second component
will allow for general permit coverage
after effects have been effectively
addressed (minimizing the need for an
individual permit).
EPA recognizes that the eligibility/
certification mechanism in today's
permit will not resolve all historic
preservation concerns that may arise
due to control of storm water
discharges. In some instances, the first
component of the eligibility/
certification may not assure "no effect"
on historic properties, for example, if
the applicant's certification of eligibility
is subsequently determined to be false.
In such instances, the discharge would
be "without a permit" based on the
eligibility provisions. In some instances,
the applicant and the SHPO may have
difficulty in reaching agreement on how
to resolve historic preservation
concerns. Such instances may
necessitate EPA intervention or issuance
of an individual permit. The eligibility/
certification mechanism represents
EPA's effort to assure Agency
compliance with the National Historic
Preservation Act consistent with the
efficiencies of general permitting under
the Clean Water Act.
Comprehensive Site Compliance
Evaluations
The proposed permit contained
requirements for facilities to perform
and document comprehensive site
compliance evaluations. The intent of .
the compliance evaluation is to: confirm
the accuracy of the description of
potential pollution sources at the site,
determine the effectiveness of the storm
water pollution prevention plan, and
assess compliance with the permit. The
evaluation should be conducted by
members of the pollution prevention
team. Deficiencies in the plan must be
corrected within two weeks of the
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
evaluation and the corrections must be
implemented within 12 weeks. Most of
the industry sectors required the
evaluation to be performed annually,
however, a few sectors required more
frequent comprehensive site compliance
evaluations. For example, the chemical
and allied products sector of the
proposed permit required quarterly
comprehensive site compliance
evaluations. A few industry sectors
allowed less frequent evaluations, for
example the ore mining and dressing
sector only required evaluations every
three years at inactive mine sites.
Commenters expressed several
concerns with the comprehensive site
compliance evaluation requirements.
The primary concern dealt with the
required frequency for the evaluation. A
number of commenters stated that the
evaluation should not be required more
frequently than once per year in any
industry sector. Commenters stated that
an annual evaluation was sufficient to
assure compliance of the plan with
permit requirements. Commenters also
stated that the frequency should be
consistent across all sectors unless more
frequent evaluations could be justified.
Commenters were also concerned with
the time frame allowed to modify the
pollution prevention plan following the
evaluation. Commenters stated that two
weeks is not sufficient time to obtain the
resources necessary to modify the plan.
A few commenters also felt that the
comprehensive site compliance
evaluation is redundant and duplicative
of the inspections required by the storm
water pollution prevention plan. The
commenters argued that the evaluation
should not be required unless the
inspections reveal recurring problems
with, the plan. Finally, one commenter
stated that the evaluation should be
performed by an outside consultant or
corporate official with expertise in
storm water pollution prevention.
In response, EPA has reconsidered the
frequencies of the comprehensive site
compliance evaluation in the proposed
permit andjias standardized the
frequency to'once per year in all sectors,
unless sector-specific justification is
given for a more frequent inspection.
EPA also wants to clarify that the
comprehensive site compliance
evaluation requirements are different
from other inspection and monitoring
requirements of the permit. The
comprehensive site compliance
evaluation is intended to be an overall
comprehensive inspection that is
conducted at a minimum on an annual
basis where the pollution prevention
plan is totally reviewed. The inspection
should 1) confirm the accuracy of the
description of potential pollution
sources contained in the pollution
prevention plan, 2) determine the
effectiveness of the plan, and 3) assess
compliance with the terms and
conditions of the permit. These goals, in
combination, are more comprehensive
than the other inspection and
monitoring requirements in the permit.
The annual comprehensive site
compliance evaluation also satisfies the
minimum monitoring requirement of all
NPDES permits (40 CFR 122.44(i)(4)).
Therefore, EPA is retaining the
requirement that all industrial sectors
conduct an annual comprehensive site
compliance evaluation. To the extent
that this compliance evaluation overlaps
with other inspections (e.g., daily
inspections of storage areas), the
comprehensive site compliance
evaluation can be used in place of the
other inspections. Because the
comprehensive site compliance
evaluations are intended in part to
determine the effectiveness of the
pollution prevention plan and
compliance with the permit, EPA
believes it is important that a member
of the pollution prevention team be
involved in conducting the evaluation.
In response to the concern about the
two week timeframe being to short to
fully implement changes to the plan if
such are necessary as a result of the
inspection, EPA disagrees and believes
a clarification is necessary. Under the
terms of the final permit, if a facility
operator determines a deficiency in the
storm water pollution prevention plan
after conducting the annual
comprehensive site compliance
evaluation, then the permit provides for
up to two weeks to modify the plan and
then up to 12 weeks to implement the
actual plan modifications. EPA
anticipates that many plan changes will
be procedural or programmatic in nature
and as such should not take an
excessive amount of time to perform.
EPA expects these to be easily
completed within the 12 week deadline.
Where major changes are necessary that
require construction, such as
installation of a new structural BMP, the
permit conditions allow for up to three
years. EPA believes these timeframes are
adequate and therefore no changes to
the final permit have beeii made.
Response to Major Sector-Specific
Issues
Timber Products Facilities
The proposed permit for timber
product facilities does not cover
nonpoint source silvicultural activities,
such as timber harvesting operations
and certain other silvicultural activities
described under SIC code 2411, which
may be exempt from the National
Pollutant Discharge Elimination System
(NPDES) permit program as described in
the silvicultural definition at 40 CFR
Part 122.27. Many commenters agreed
that certain silvicultural activities are
not covered by NPDES permit
requirements and are best controlled
under the section 319 nonpoint source
program. Because these discharges are
addressed by the section 319 nonpoint
source program, some commenters
recommended that the language in the
permit and the fact sheet be changed
from providing an "exemption" of these
discharges to say that "certain
silvicultural activities are not prohibited
by or otherwise subject to these
regulations." Other commenters
requested that the language concerning
coverage of silvicultural activities that is
in the permit fact sheet, also be placed
in the permit to avoid confusion.
In response, EPA believes that
nonpoint source silvicultural activities
not covered under this permit (e.g.,
harvesting operations, and certain other
activities) are exempt from the NPDES
permit program. Exempt activities do
not need to obtain an NPDES storm
water discharge permit. EPA does not
believe that further clarification is
necessary beyond that already stated in
the fact sheet to the timber products
sector. If a facility operator questions its
regulatory status after reviewing the fact
sheet, the operator should contact the
permitting authority for the State in
which it is located for additional
guidance on it^ regulatory status.
Many commenters suggested that the
definition of timber products activities
not required to obtain NPDES permits
for storm water discharges be expanded
in the fact sheet. Some commenters
wanted to include remote log sort/
concentration yards that do not conduct
processing activities. These commenters
were concerned that the proposed
permit groups all log sort/concentration
yards into the same category as facilities
processing timber products. They stated
that the activities performed at these
yards are similar to forest harvesting
operations including unloading,
stacking, storing and reloading
roundwood. In addition, they stated that
the pesticides, herbicides, and fertilizers
presumed present at these sites are not
usually there. Another commenter
requested that forest roads be included
as nonpoint sources, as well as forest
recreational sites and national forest
administrative sites that do not include
treatment facilities. The commenter
stated that these facilities could be
effectively covered under nonpoint
source programs...
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51085
In response, the permit fact sheet
discusses coverage of certain
silvicultural activities which are
classified as storm water discharges
associated with industrial activity under
the NPDES storm water program and
those which are considered to be
nonpoint source discharges. This
discussion explains the consistency
between coverage under this multi-
sector permit and existing NPDES storm
water regulations defining storm water
discharges associated with industrial
activity for the Timber Products
industry. EPA believes this discussion is
clear and consistent with NPDES
regulations and that further expansion
of the definition of exempt nonpoint
source activities at timber products
facilities would be inconsistent.
Many commenters were concerned
that the proposed sector had grouped
together all facilities that perform any
wood treating, including facilities that
only end-treat boards with a paraffin
wax. In response, EPA has grouped
together all those facilities that perform
any wood treating because they exhibit
similar types of industrial activities at
their facilities. The groupings were
made because the documentation and
data submitted in the group applications
described them as similar. Therefore,
wood preservers who treat their wood
with paraffin were not separated from
•wood preservers, as a whole. In relation
to monitoring, while the proposed
multi-sector permit required specific
monitoring by wood preservers and
surface treaters, including those that
only end-treat boards, the final multi-
sector permit comprehensively changes
the monitoring requirements for all
timber products facilities due to a
reassessment of the benchmark levels
used to trigger monitoring and the
revised sub-categorization approach to
determining the need for industry sub-
categories to monitor (See response to
comments on monitoring provisions).
Facilities that end-treat boards with
paraffin are still required to monitor
their storm water discharges, but for
fewer pollutants. Although the revised
monitoring provisions in the permit
now require monitoring for all
subcategories within the timber
products sector, the revised alternative
certification provisions should allow
individual facilities with no exposure of
the pollutants of concern to forego the
need to monitor. In relation to pollution
prevention plans, all timber products
facilities will still be required to control
pollutants discharged into storm water
through the use of site-specific best
management practices implemented
through pollution prevention plans
which are tailored to each specific
facility on a case-by-case basis. This
site-specific approach will allow a
facility which end-treats wood with
paraffin to design a pollution prevention
plan appropriate for their facility.
The proposed permit authorized non-
storm water discharges from the spray
down of lumber at wood product storage
yards where no chemical additives are
used in the spray down waters and no
chemicals are applied to the wood
during storage. Several commenters
supported the proposed permit
condition as an acceptable non-storm
water discharge. The commenters
believed that the authorization of these
discharges at timber processing facilities
is appropriate because these discharges
are intermittent and the activity is
performed only when necessary. In
: response, EPA believes that these non-
storm water discharges, where
identified in a pollution prevention plan
' and where appropriate pollution
prevention measures are implemented,
can be effectively controlled under
' today's multi-sector permit and
therefore are allowable non-storm water
' discharges.
Numerous entities commented on the
pollution prevention plan for timber
product facilities. Many commenters
supported the use of best management
practices in that they allow the
I permittees to determine the most
, efficient and cost-effective measures for
controlling pollutants in storm water
discharges. Several commenters
provided lists of additional BMPs that
are appropriate for use at timber product
facilities. However, many commenters
stated that the proposed requirement for
, daily inspections of "material handling
activities and unloading and loading
areas whenever industrial activities
occur in those areas" is confusing
: because these areas are considered
industrial activities. In addition, they
believe the proposed frequency of the
'- inspections is overly burdensome and
: clarification of the required
documentation is needed. Some
. facilities stated that they already
, conduct inspection of material handling
and loading/unloading areas when
chemical preservatives are shipped or
received. Some commenters suggested
that no documentation be required.
In response, EPA would like to clarify
that the proposed requirement was
intended to require site personnel to
inspect the areas where material
handling and loading/unloading
activities were occurring on a daily
basis. These areas would be inspected
, on those days when material handling
' or loading/unloading activities were
occurring but would not be required to
be inspected when the activities were
not occurring. This requirement was
placed in the permit because these areas
are subject to leaks and spills of
materials, tracking of spilled chemicals
by equipment, discharge of wood debris
and dust generation from heavy
equipment. Daily inspection of these
areas would only require that someone
be responsible for examining each of the
areas to determine which BMPs should
be implemented to limit the
contamination of storm water
discharges. For example, the inspector
may see that a small amount of a
chemical has been spilled near a loading
dock which could potentially either be
tracked away from the site on truck tires
or if it rained could enter the storm
water discharge. With daily inspections
of these areas, the inspector could
immediately initiate clean up of the
spill and make suggestions for
additional BMPs to be implemented into
the plan to avoid future spills. No
elaborate documentation of these
inspections is required, however, the
facility's pollution prevention team
should develop a simple method of
tracking whether someone has observed
the areas when material handling and
loading/unloading activities are being
performed on a daily basis. If follow-up
measures are appropriate in response to
the inspection, these should be
documented as well. For example, the
documentation may simply be checking
a log sheet and stating on the sheet that
the inspection was performed on a
particular day. Follow-up action may
require initiating the work and marking
a log sheet stating that the work was
performed.
EPA disagrees that daily inspections
would'be burdensome. The inspection
of material handling and loading/
unloading areas is being required daily
(when activities are occurring in those
areas) because of the nature of the
activities. These activities create a high
risk for discharging pollutants to storm
water discharges and require that more
frequent assessments be made to
ascertain the effectiveness of BMPs in
those areas. These inspections, which
should become a simple daily routine,
may be made by personnel who are
already in these areas at the time the
activity is occurring. If inspections are
already being conducted at material
handling and loading/unloading areas
when chemical preservatives are
shipped or received then these can be
incorporated as part of the pollution
prevention plan and may satisfy part of
the requirement. In addition, EPA
believes the commenters are confused
by the proposed language for daily
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
inspections of material handling and
loading/unloading areas in the permit.
Therefore, die language in today's multi-
sector permit will clarify this
requirement.
Numerous comments were received
on the requirement to perform monthly
inspections at processing areas,
transport areas and treated wood storage
areas of facilities performing wood
surface protection and preservation
activities. The commenters argued that
these inspections are unnecessary
because employees are currently trained
to prevent drippage of treatment
chemicals on unprotected soils. They
feel these requirements are duplicative
of requirements under RCRA Subpart
W. EPA disagrees that these inspections
are unnecessary. Documentation
associated with the listing of wood
preserving and wood surface protection
wastes at 40 CFR 261 showed tiiat there
remains a potential for storm water to
become contaminated through
incidental activities such as tracking of
material, fugitive emissions, rushed
operations and miscellaneous odier
activities. EPA therefore believes it is
necessary to require these inspections so
that site personnel may identify sources
of pollutants and to implement BMPs to
minimize contamination of storm water
discharges at each facility. Where
inspections of diis type are being
conducted for another program
requirement, such as for RCRA, those
inspections can suffice for meeting the
requirements of this permit.
Some commenters were concerned
that the requirement to identify areas
where soils are contaminated as a result
of past surface protection and
preserving activities would be too
burdensome. Some commenters stated
that it might require extensive and very
expensive testing of areas to determine
where residual contamination remained
and may even require expensive
environmental site assessments. Several
commenters argued that areas where
contamination still remains could be -
identified through the site inspections,
and once identified could then be
remediated. In response, EPA disagrees
that the requirement is too burdensome.
The proposed permit stated that "Where
information is available, facilities that
have used chlorophenolic, creosote, or
chromium-copper-arsenic formulations
for wood surface protection or
preserving activities on site in the past
should identify in the inventory the
following: areas of contaminated soils,
treatment equipment and stored
materials that still remain and practices
employed to minimize the contact of
these materials with storm water
runoff.'' If information is readily
available, then the pollution prevention
team would merely incorporate that
information into the plan and identify
pollution prevention measures to
minimize contact with run-off. If die
information is not available, no
additional site assessments would be
required. The fact sheet language in
today's multi-sector permit clarifies this
requirement.
In general, commenters supported the
proposal that timber product facilities
that do not surface protect or preserve
should not be required to monitor their
storm water discharges. These
commenters agreed that storm water
pollution prevention plans provide the
necessary protection for controlling
storm water pollution at timber product
facilities. Many comments were
received on the sampling and
monitoring required by those timber
products facilities that use formulations
for wood surface protection and
preservation. Many of the commenters
were opposed to the sampling and
monitoring requirements because they
would impose significant administrative
and economic burdens on wood
preserving facilities in particular. They
stated that the data obtained through die
proposed monitoring program would
provide marginal benefits to EPA
because the highly variable data could
not be used to measure the performance
of BMPs. They believe that the efforts
and expenses would be better used in
developing and implementing pollution
control measures. A few commenters
also argued that wood preserving
facilities should not have to monitor for
TSS, COD and BOD because the
requirement is based on concentrations
from NURP studies which were
performed in residential areas and
because these pollutants are not toxic to
aquatic life. Some commenters were
opposed to monitoring requirements at
remote storage sites because there is
neither meteorological equipment nor
staff available and transportation to
these sites is very difficult.
Some commenters did not agree with
the requirement for facilities that use
copper-chromium-arsenic formulations
to sample for both copper and arsenic
because it is not supported in the data.
These commenters suggested that, if
additional data was needed, only one of
the parameters (copper) be monitored
because sampling for both was
unnecessary. Other commenters argued
that arsenic should not be required to be
sampled because, while toxic to humans
if ingested, it is not toxic to aquatic
organisms. Numerous commenters
argued that timber product facilities
where chlorophenolic formulations
were used in the past for wood
preservation should not be required to
monitor storm water discharges for
pentachlorophenol where prior testing
has shown that there is no
chlorophenolic residue at the facility.
A number of commenters in this
sector also commented about: the
proposed cut-off concentrations that
would be used to determine whether
facilities must sample during the fourth
year of the permit term or under the
alternative certification provisions of
the permit; die variability of pollutant
concentrations in storm water
discharges; die eventual im'position of
effluent limitations based on the cutoff
concentrations; the use of total
recoverable metals analyses; die toxicity
of pollutants to aquatic organisms given
receiving water dilution during wet
weather events; the alternative
monitoring provisions proposed in the
fact sheet; die use of visual monitoring;
die quality of die part II sampling
database; die identification of priority
sectors for monitoring and other
monitoring issues that are discussed
under die monitoring section of this
summary.
As a result of die comments on
monitoring tiiroughout die multi-sector
permit, EPA has revised die
methodology for determining which
sectors need to monitor (See discussion
under monitoring). The metiiodology
developed for die final permit analyzed
the group application data based on
diree digit (or more) sub-sectorization of
die industries represented in the groups.
Based on tiiis revised methodology, die
timber products sector has been divided
into four sub-sectors for data analysis.
These four sub-sectors are SIC code
groups 2421 (sawmills and planing
mills), 2491 (wood preserving), 2411
(log storage), and 2426/2429/243/2447
245/2493/2499 (millwork, veneer, wood
containers, plywood and structural
wood, and wood products not elsewhere
classified). Using the data in die group
application database, and data
submitted subsequent to development of
die database, EPA analyzed die
monitoring requirements for tiiese four
sub-sectors using die revised
benchmarks. As a result-rEPA is now
requiring monitoring of all four sub-
sectors in die timber products sector.
SIC code 2421 will monitor for COD,
TSS and zinc. SIC code group 2491 will
monitor for total recoverable arsenic and
total recoverable copper, SIC code group
2411 will monitor for TSS and SIC code
groups 2426/2429/243/244/24S/2493/
2499 will monitor for COD and TSS. In
addition, die timber products industry
must perform quarterly visual
examinations of tiieir storm water
pollution prevention plan. EPA believes
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51087
these revised monitoring requirements
are responsive to the major comments
received on the proposed monitoring
provisions in that the monitoring is
more industry-specific due to the sub-
sector approach and that this approach
more accurately identifies the pollutants
of concern within each industry
subsector. In response to the issue of
whether a remote facility should be
required to comply with the monitoring
provisions, EPA realizes that if a facility
is inactive and unstaffed it may be
difficult for the operator to collect storm
water discharge samples when a
qualifying event occurs. Today's final
permit has been revised so that inactive,
unstaffed facilities can exercise a waiver
of the requirement to conduct quarterly
chemical sampling. In addition, if an
active facility cannot collect a sample
within a given quarter due to weather
problems, inaccessibility, etc. then the
permit allows the facility operator to
take a replacement sample in the next
quarter.
With regard to the requirement to
conduct monthly visual examinations,
EPA has reduced the visual examination
schedule for active sites to only
quarterly and has allowed a waiver of
this requirement for inactive, unstaffed ,
facilities. The operator should consult
their permitting authority. Under these
circumstances, the multi-sector storm
water permit may not be a feasible
permit for the facility and an alternative
storm water discharge permit may be
more appropriate.
Chemical and Allied Products
Manufacturing
EPA received 19 comments
specifically concerning the Chemical
and Allied Products Manufacturing
sector. A common concern of the~se
commenters was a disagreement with
EPA's grouping of all chemical and
allied product manufacturers into one
sector. Various commenters stated that
they should not be in the same sector
with certain facilities which they
believed posed more of a threat to water
quality. Several commenters suggested
that this sector be subdivided with
different requirements for each of the
subdivisions.
Although the proposed permit
divided the Chemical and Allied
Product Manufacturing sector into eight
subsectors, it applied the same
requirements to each of these
subsectors. Commenters expressed
dissatisfaction with this aspect of the
proposal. One commenter stated that
some groups in this sector should get
monitoring exemptions granted if they
can demonstrate that they are
substantially different from other groups
in the sector. Commenters raised several
other issues. One stated that there is no
such thing as a typical chemical
manufacturing facility and that EPA
needs to visit each in the "broad array
of chemical facilities" in order to
understand the diversity of the industry.
EPA understands that there may be
significant differences between facilities
in each sector and even within a
subsector. Each facility has its own
unique land features, operations and
storage activities, material management
practices, and chemical product
manufacturing, packaging, and
transferring techniques. It is not feasible
that EPA visit each facility that will be
regulated under this permit and in fact
this level of scrutiny would best lead to
the development of an individual storm
water discharge permit for each
chemical manufacturing plant.
However, this is not the intent of this
permit action, which is to issue a storm
water general permit for similar types of
industrial activities described under this
sector and subsectors. In recognition of
the differences between facilities, EPA
is issuing a flexible storm water general
permit, which allows each permittee to
develop a pollution prevention plan for
their own facility. This permit also
contains an "alternative certification"
condition, which allows a waiver for
any chemical monitoring requirement
for a pollutant that the permittee
believes is not present at the facility.
One commenter stated that the
proposal arbitrarily and capriciously
requires thirty (30) mandatory structural
and non-structural Best Management
Practices (BMPs) and that EPA should
defer BMP selection to the discretion of
the facility operators. In response to this
concern, EPA has reviewed the
requirements in this sector, and for all
other sectors, for BMP implementation
and has revised the final permit to
maintain flexibility in the selection of
BMPs to be implemented at any
particular industrial activity. The
facility operator is allowed to choose the
best type of management practices for
their facility and their particular storm
water problems. The permit does not
mandate specific structural controls.
Asphalt Paving and Roofing Materials
and Lubricant Manufacturing Facilities
Several commenters indicated that
there should be further subdivision of
the industries covered by the asphalt
paving and roofing materials '
manufacturers and lubricant
manufacturers sector. Commenters
indicated that the industries covered by
the sector do not have similar raw
materials, finished products or
processes. EPA realizes there are
differences in the industrial activities
covered under this section of the permit.
EPA has analyzed the sampling data for
the asphalt paving and roofing materials
manufacturers separately from the
lubricant manufacturers. The
determination of the monitoring
requirements for the final permit were
made based upon the subsector
analyses, not upon analyses of the entire
sector's data. Although there were
differences in the concentrations of
pollutants in storm water discharges
from these types of facilities, these
differences are not substantial.
Regardless, the permit requirements
allow for variation from facility to
facility. The operator must prepare a
storm water pollution prevention plan
based upon the sources of
contamination which they identify.
Commenters also expressed concern
with the portion of the proposed
permit's fact sheet which discusses the
potential pollutants of concern.
Commenters stated that they disagreed
with EPA's characterization of several
pollutants being "of concern". The
commenters felt that the part 2
application sampling results clearly
indicated that these pollutants were not
of concern for the industry.
The pollutants of concern are the
parameters listed in the fact sheet as
potentially being present in the storm
water discharges and they may be
different from the pollutants which a
sector is required to monitor. These
pollutants are listed based upon
significant materials and industrial
activities and other information
submitted in the group applications.
The listing of these pollutants provides
guidance to facility operators in helping
identify potential sources of storm water
contamination and in selecting
appropriate BMPs. EPA believes that the
Part 2 sampling results cannot be the
sole factor considered when selecting
pollutants of concern for an industry.
Permit writers must also consider all
significant materials and industrial
activities exposed to storm water.
Several commenters reinforced EPA's
decision not to include analytical
monitoring requirements for the asphalt
or lubricant manufacturing facilities. A
number of commenters stated their
opposition to the alternative monitoring
requirements included in the proposed
permit's fact sheet. (The alternative
monitoring requirements included
annual analytical requirements for TSS,
COD, pH and oil and grease.) One
commenter expressed support for the
analytical requirements, indicating that
this would be the best way to evaluate
the effectiveness of the storm water
pollution prevention plan.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
Based on the revised methodology for
determining pollutants of concern
(discussed under monitoring), EPA has
determined that limited analytical
monitoring requirements are necessary
to aid the asphalt or lubricant
manufacturing facilities in evaluating
the effectiveness of the permit. Today's
permit contains analytical monitoring
requirements for total suspended solids
(TSS) from these facilities. There are
also compliance monitoring
requirements for asphalt emulsion
manufacturing facilities which are
subject to the storm water effluent
limitations guidelines. Facilities in this
sector should not overlook this
requirement.
One commenter indicated that the
frequency of the visual examination of
storm water discharge was burdensome
and suggested reducing the frequency to
a semi-annual basis. In response EPA
believes that facilities must perform
visual examinations of storm water
discharges in order to assess the
effectiveness of the storm water
pollution prevention plan over the
course of the year. The discharge of
pollutants may be impacted by the
seasonal weather changes, or
operational changes that occur over the
course of 6 months. It is necessary for
a facility to examine their storm water
discharge on a quarterly basis to assess
how these changes impact the quality of
the discharge. The same commenter also
suggested that a facility not be required
to perform the visual exam after two
consecutive "clean" samples are
observed. EPA does not agree with the
commenters suggestion. It is not
possible to define a "clean" sample for
a visual examination, because the visual
exam is subjective. The exam is not
intended to provide facilities with an
absolute means of comparing their
discharge to other facilities' discharges,
it is intended to provide operators with
a relative comparison of the discharge
quality from one period to another.
One commenter indicated that the
compliance monitoring requirements
and numerical effluent limitations
should be eliminated for the asphalt
roofing emulsion manufacturing
facilities. The commenter felt that group
application sampling data showed there
was no need for monitoring. EPA's
response is that the numerical effluent
limitations for storm water discharges
associated with asphalt roofing or
pavement emulsion must be included in
any NPDES permit which covers these
discharges as required by the effluent
limitations guideline at 40 CFR Part 443.
The permit must also require at least
annual monitoring for any pollutant
limited by the effluent limitations
guideline. These are requirements
which cannot be modified in the context
of this permit issuance.
Stone, Clay, Glass, and Concrete
Products
There were a number of comments
received regarding the proposed permit
requirements for the glass, clay, cement,
concrete, and gypsum product
manufacturing sector. These comments
focused primarily upon three areas; the
types of industrial activities addressed
under the sector, the storm water
pollution prevention plan storm water
pollution prevention plan requirements,
and the monitoring requirements.
Several commenters indicated that
they believed the sector included too
diverse a range of industrial activities,
and that sectors should be created for
each of the various industrial activities
currently covered under the one sector.
Commenters were concerned that
industries with relatively little
discharge of contaminated storm water
had been placed into a sector with
industries with higher contamination,
and that more stringent monitoring
requirements were being placed upon
their industry than would have been
required had their industry or group
been considered separately.
In response to these and other
concerns, EPA has revised its
methodology for determining the
monitoring requirements. EPA divided
this sector into four subsectors for
further data analyses and comparison to
benchmarks. The subsectors included:
glass products manufacturing, cement
manufacturing, clay products
manufacturing, and concrete products
manufacturing. Monitoring
requirements were determined based
upon this subsector analyses.
However, in relation to the storm
water pollution prevention plan
requirements for the sector, these
requirements remain the same as
proposed. EPA believes there is
sufficient flexibility within these
requirements to allow the each
permittee to select the most appropriate
measures for their site. Therefore,
subsectored pollution prevention plan
requirements were not added to the
final permit.
Commenters also expressed concern
that the storm water pollution
prevention plan requirements for this
sector are burdensome, particularly the
requirements for storage of fine granular
solids, removal of spilled materials, and
management of runoff. One commenter
stated that storage of bulk dry materials
in an enclosed area would be too costly,
and that covering the materials with a
tarp would be impractical given the
need to access the piles. In response,
EPA wishes to clarify that today's
permit requires that facilities prevent
the exposure of fine, dry granular solids .
to storm water. The permit does not
require these materials to be enclosed,
or permanently covered. At a minimum,
a facility must cover these storage piles
while the piles are not in use and while
it is raining. However, the piles need
not be constantly covered, provided a
tarp or other removable cover is near by.
It should also be clarified that the >
requirement does not apply to coarse
granular material such as sand or gravel,
only to fine granular materials that are
readily suspended or dissolved into
storm water such as cement or fly ash.
The same commenter stated that a
facility should be permitted to select the
BMPs for removal of spilled materials
from paved areas. In response, EPA
wishes to clarify tiiat the permit allows
"regular sweeping, or other equivalent
measures" therefore the permit does
provide the permittee flexibility in
selecting the methods for removing
spilled materials.
The majority of the comments
received regarding the requirements for
glass, clay, cement, concrete, and
gypsum product manufacturing
facilities addressed the monitoring
requirements contained in the proposed
permit. Many of these comments
addressed the methodology for selection
of this sector as a "priority" monitoring
sector. These comments expressed
concern that the monitoring
methodology did not consider the
variation in industrial activities within
the sector.
The comments also expressed concern
that the bench mark or "cut-off
concentrations were too restrictive. As a
result of these and other comments, EPA
has modified the methodology for
selection of industries as "priority
monitoring sectors (comments regarding
the methodology for selection are
addressed separately in this
attachment). The selection of industries
and parameters for monitoring was,
made at the subsector level. Sampling
requirements for the glass subsector, the
cement subsector, the clay subsector,
and the concrete subsector were
determined separately. The results of
the modification in the monitoring
methodology are a reduced list of
parameters for analytical monitoring in
the concrete, clay and cement products
manufacturing facilities.
A number of commenters endorsed
the alternative monitoring requirements
which were included in the fact sheet
for the proposed permit because these
requirements only consisted of visual
. examination of discharge without any
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analytical monitoring. After further
review and consideration of the
sampling data submitted, EPA has
determined there is a significant
potential for the clay and concrete
products facilities to discharge
pollutants at high concentrations.
Sampling at these facilities during the
term of the permit is necessary to
determine the presence of pollutants
and to assess the effectiveness of the
storm water pollution prevention plan
in controlling them. The alternative
monitoring requirements are not
included in today's permit for this
sector.
Several commenters state that the
requirements for monthly visual
examination of storm water is
unreasonable, and burdensome. In
response, EPA has determined that a
monthly visual examination is not
necessary and that a quarterly (four
times per year) visual examination of
storm water discharge will provide
sufficient information to the permittees
in evaluation of the storm water
pollution prevention plan, without
imposing a substantial burden on the
facility.
Primary Metals
A number of commenters were
opposed to the use of benchmark levels
for the determination of which sectors
should conduct monitoring, or opposed
benchmark levels for specific pollutants
as being inappropriate. Generally,
commenters expressed concern that the
benchmark levels were unrealistically
low and would result in monitoring
requirements even for "clean" facilities.
Primary metals facilities were especially
concerned about the proposed
benchmark level for pyrene, which
commenters believed was below
detection levels, and is not used by
many facilities in the industry.
In response, EPA has reevaluated
benchmark levels for all pollutants, and
has adjusted the level for several. The
new benchmark level for pyrene is 0.01
mg/L based on a laboratory derived
minimum level (ML). Because of this
new benchmark, facilities in the
Primary Metals sector are no longer
required to monitor for pyrene under
the standard monitoring requirements of
this sector. In addition, flexibility has
been added to the permit through the
adoption of an alternate certification
that allows facilities that can certify that
they do not have exposure of a
particular pollutant to storm water to
eliminate monitoring for that specific
pollutant.
EPA received many comments
opposing the combination of several
group applications into the primary
metals sector. Commenters pointed out
differences between industry subgroups
and requested different requirements for
different subgroups. Several
commenters stressed that unless
monitoring requirements were to be
determined based on subgroups within
the sector, that additional flexibility was
needed to account for the wide variety
of facilities within the sector.
Although EPA agrees that industries
. within the primary metals sector
conduct a variety of activities, the
; flexible conditions of the permit address
those differences adequately. In
response to comments regarding
, inappropriate grouping of industry
' sectors, sampling data has been
reevaluated at the 3 digit SIC code level
to determine which facilities will be
required to conduct monitoring.
Facilities in the primary metals sector
have been subdivided into seven
groups: SIC 331—steel works, blast
furnaces, and rolling and finishing
mills; SIC 332—iron and steel foundries;
SIC 333—primary smelting and refining
of nonferrous metals; SIC 334—
secondary smelting and refining of
nonferrous metals; SIC 335—rolling,
drawing, and extruding of nonferrous
metals; SIC 336—nonferrous foundries
(castings); and SIC 339^-miscellaneous
primary metals products. The final
permit monitoring requirements now
apply to only facilities in SIC groups
331, 332, 335, and 336.
Some commenters also opposed the
, monthly inspections and visual
monitoring requirements, as well as the
quarterly comprehensive site
compliance evaluations for this sector.
EPA has dropped the monthly facility
inspections and visual monitoring
. requirements. EPA believes that
quarterly facility inspections and visual
monitoring should be adequate to
evaluate the effectiveness of the
pollution prevention plan. The
requirements for conducting
; comprehensive site compliance
evaluations have also been modified.
Comprehensive evaluations will be
required only on an annual basis for this
• sector rather than quarterly, as
proposed.
Many commenters suggested alternate
monitoring frequencies than those
proposed. Generally, commenters felt
that monitoring four times per year in
years 2 and 4 was unnecessarily
burdensome, impractical, or unrealistic,
especially in arid and remote locations.
Some commenters suggested that
monitoring one or two times per year
would provide representative data at
less expense to regulated facilities.
EPA disagrees that quarterly sampling
is unrealistic and has provided some
flexibility for active facilities that do not
experience a representative storm event
during the required sampling period.
When a discharger is unable to collect
a sample during a monitoring period
due to adverse climatic conditions, the
discharger may collect two samples
from two separate qualifying storm
events in the next period and submit
these data. This waiver is only intended
to apply to insurmountable weather
conditions such as drought or dangerous
conditions such as lightning, flash
flooding, or hurricanes. EPA believes
that quarterly sampling will allow better
characterization of storm water
discharges and assessment of the
effectiveness of the facilities' pollution
prevention plan, without placing an
undue burden on permittees. Annual'
sampling could not accomplish an
adequate assessment.
Several commenters expressed
opposition to the potential inclusion of
whole effluent toxicity (WET) testing
under the multi-sector permit and
characterized WET testing as expensive,
impractical, inappropriate, and useless.
Although EPA is not including WET
testing under the terms of today's permit
for this sector, EPA disagrees that WET
testing is inappropriate for testing storm
water discharges. EPA believes that
WET testing can be a valuable
monitoring tool in certain
circumstances.
Metal Mining
Comments on permit requirements in
the metal mining (ore mining and
dressing) sector, focused on the
application of the effluent limitation
guidelines, compliance time, grouping
of facilities, end-of-pipe treatment,
definition of inactive and active mining,
scope of coverage offered by the permit,
and monitoring requirements.
A special condition of the multi-
sector general permit is that those
discharges subject to the effluent
limitations guidelines (ELG) for the Ore
Mining and Dressing Point Source
Category (40 CFR 440) cannot be
covered under the permit. Table G—4 in
Part VIII.G. of the Fact Sheet contains a
listing of various sources of discharges
at active metal mining facilities and
specifies whether or not discharges from
those sources are subject to the ELG.
Several commenters contend that
through this clarification, EPA will
expand the scope of discharges subject
to the ELG by including storm water
runoff from overburden, waste rock
piles, haul roads, and other sources as
being subject to the ELG. The
commenters contend that storm water
runoff from these sources previously
had not been subject to the ELG and
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could, in the past, be permitted as storm
water discharges.
EPA believes Table G-4 represents a .
clarification of the relationship of ELG
and storm water at active metal mining
sites, and does not expand the current
ELG requirements. EPA also believes the
development document and the ELG
support the interpretation given in
Table G-4. In the November 6,1975
preamble to the effluent limitations
guideline, it states "The definition of a
mine was intended to be sufficiently
broad to cover all point source pollution
resulting from all of the activities
related to operation of the mine
including drainage tunnels, haul roads,
storage piles, etc." (40 FR 51727). In the
1978 development document
(Development Document for Effluent
Limitations Guidelines and New Source
Performance Standards for the Ore
Mining and Dressing Point Source
Category, EPA, July 1978, page 146), the
following definition of a mine was given
for purposes of recommending
subcategories and effluent limitations
guidelines and standards:
A mine is an area of land upon which or
under which minerals or metal ores are
extracted from natural deposits in the earth
by any means or methods. A mine includes
the total area upon which such activities
occur or where such activities disturb the
natural land surface. A mine shajl also
include land affected by such ancillary
operations which disturb the natural land
surface, and any adjacent land the use of
which is incidental to any such activities; all
lands affected by the construction of new
roads or the improvements or use of existing
roads to gain access to the site of such
activities and for haulage and excavations,
workings, impoundments, dams, ventilation
shafts, drainage tunnels, entryways, refuse
banks, dumps, stockpiles, overburden piles,
spoil banks, culm banks, tailings, holes or
depressions, repair areas, storage areas and
other areas upon which are site structures,
facilities, or other property or materials on
the surface, resulting from or incident to such
activities (emphasis added).
It is important to note that the definition
of "mine" includes the term "resulting
from". Thus, something "resulting
from" the mining activity is considered
part of the active mine even though
there is no activity at that specific part
of the mine (e.g. waste rock is no longer
being placed on a waste rock pile that
is part of the mine). It would continue
to be considered as part of the active
mine until reclamation is started on that
same portion of the mine. Residuals
(waste rock piles, tailings piles, etc.)
from historical mining at the site are not
part of the active mining area unless
they are re-disturbed by the current
mining activity. The revision of the ELG
in 1982 addressed best available
technology economically achievable
(BAT), best conventional pollutant
control technology (BCT), and best
available demonstrated technology
(BADT). That revision did not address
the issue of what discharges were
subject to the ELG. The definition of
mine remained unchanged. In 1983,
training sessions on how to implement
the ELG were held for permit writers
from EPA Regions and approved NPDES
States. The guidance document used for
those training sessions included the
following Statement:
"Active mine areas" include the
excavations in deep mines and surface
mines; leach areas; refuse, middling, and
tailing areas; tailing pond, holding and
settling basins; and other ancillary areas to a
mine or mill. Active mine areas do not
include areas unaffected by mining or
milling.
Based on the above, it is EPA's
position that the following storm water
discharges at active metal mining
facilities are not subject to the ELG and
can be covered by the multi-sector
general permit: offsite haul/access
roads; onsite haul roads not constructed
of waste rock or spent ore; runoff from
tailings dams/ dikes when not
constructed of waste rock/tailings; •
concentration building and mill site if
storm water only and no contact with
material storage piles; chemical storage
area; docking facility; explosive storage;
fuel storage; vehicle/equipment
maintenance area/building; vehicle/
equipment parking areas; power plant;
truck wash area; reclaimed areas
released from reclamation bonds prior
to December 17,1990; and partially/
inadequately reclaimed areas or areas
not released from reclamation bond.
Storm water discharges from inactive
mining facilities can be covered under
the multi-sector permit.
In developing Table G-4,
consideration was given to such factors
as the nature of the source, the materials
in the sources (e.g. raw materials,
intermediate products, or waste
products from the mining and milling
operations), and whether or not it was
likely that source was considered in the
development of the ELG. It was decided
that runoff, from on-site haul roads not
constructed of waste rock or spent ore,
and runoff from tailings dams/dikes not
constructed of waste rock/tailings
should not be considered subject to the
ELG because they do not have the same
potential for containing toxic pollutants
as do mine wastes. Such runoff would
be similar to that from non-mine
facilities.
Two commenters stated that if the
scope of discharges subject to the ELG
for the Ore Mining and Dressing Point
Source Category is expanded, then the
permit needs to allow additional time
(up to 3 years) to come into compliance
with the effluent limitations as was
proposed for the effluent limitations in
the mineral mining sector. As explained
in the response to the previous
comment, Table G-4 is a clarification,
not an expansion, of the discharges
subject to the ELG. The multi-sector
general permit does not authorize (apply
to) discharges subject to the ELG for
metal mining (i.e., 40 CFR Part 440).
Therefore, a schedule for achieving
compliance with those effluent
limitations is not appropriate for the
multi-sector general permit.
Furthermore, the statutory deadline for
compliance with the ELG is past.
A commenter felt that the draft multi-
sector permit is extremely generic and
lumps together all facilities in an
extremely broad industry sector (e.g.,
ore mining and dressing), regardless of
differences in product, processes used,
or topographic and climatic conditions.
The^ commenter further stated that
difficulties caused by generic treatment
of disparate facilities in a broad industry
"sector" (e.g., the ore mining and
dressing sector) are exemplified by the
manner in which EPA determined the
need for analytical monitoring
requirements. The commenter had
understood the purpose of the group
application process to be the
development of tailored, industry-
specific permits for groups of facilities
located hi very similar areas, with
permit conditions being tied to the
particular circumstances of those
facilities as described in the group
application (including the sampling
data provided in those applications).
This comment is similar to comments
on several other sectors of the permit.
The requirements to develop a storm
water pollution prevention plan for
metal mining facilities allows a great
deal of flexibility to take into
consideration such variables as type of
ore being mined, pollutants of concern,
type of mine, and local topography and
climate. It would be difficult to have a
variety of monitoring options to cover
the various combinations of ores and
climates, given the limited data
submitted. Decisions being made on
benchmark values may reduce
monitoring requirements. Two
commenters felt that imposing end-of-
pipe treatment requirements for storm
water discharges from mining
operations, such as those contained in
the ore mining and dressing effluent
limitation guidelines, is both
unpractical and unnecessary. In the
commenters opinion, the use of BMPs is
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51091
more appropriate than the use of
numerical effluent limitations.
This comment appears to he related to
a previous comment about EPA
expanding the scope of discharges from
metal mining facilities that are subject
to the effluent limitations guidelines
(ELG) for the Ore Mining and Dressing
Point Source Category (40 CFR Part
440). As previously mentioned, those
discharges subject to the ELG are not
authorized by the multi-sector permit.
The storm water pollution prevention
plan requirements in the permit do not
include the requirement to use end-of-
pipe treatment for those storm water
discharges from metal mining
operations that can be covered by the
permit. In some situations end-of-pipe
treatment may be the appropriate means
of control and should be used. That
would be determined on a case-by-case
basis.
With regard to the definition of
inactive metal mining and dressing
facilities, two commenters stated that
the proposed 10-year period for /
declaring inactive status is arbitrary.
They suggest that a more logical date for
the distinction between active and
inactive facilities would be December
17,1990, which is now expressly
referenced in EPA's storm water
regulations at 40 CFR
§122.26(b)(14)(iii).
In response, some metal mining
facilities may be temporarily shut down
due to poor market conditions (e.g.,
uranium mines), seasonal conditions
(e.g., heavy winter snows), and/or other
factors. Some of these facilities are
"mothballed" with the intent of
bringing them back into operation when
conditions improved to an acceptable
level. For purposes of the multi-sector
permit it was decided to consider such
facilities as "temporarily inactive"
rather than inactive. The distinction
between "temporarily inactive" and
"inactive" often is unclear when no
reclamation activities have occurred at
the site. In the draft permit the
distinction between temporarily
inactive and inactive was a period often
(10) years with no mining and/or
milling activity at the site. In the final
permit the determination will be based
on whether or not the facility has an
active mining permit issued by the
applicable (federal or State)
governmental agency that authorizes
mining at the site. All States now have
agencies that have the authority to
authorize mining on non-federal lands.
Even though there may be no activity at
the facility, it will be considered
temporarily inactive as long as it has a
permit for mining activity at the site.
The definitions of inactive and
temporarily inactive facilities have been
revised somewhat to reflect what EPA
believes to be the appropriate
distinction between the two definitions.
In order for a site, or portion thereof, to
be considered "inactive," there must not
be any current metal mining and/or
milling activities, as defined in this
permit, at that portion of the site and
that portion of the facility does not have
an active mining permit issued by the
applicable governmental agency that
authorizes mining at the site.
A metal mining facility, or portion
thereof, is considered to be "temporarily
inactive" if metal mining and/or milling
activities occurred in the past, but
currently are not being actively
undertaken, the facility has an active
mining permit issued by the applicable
< governmental agency that authorizes
mining at the site. There is no time
limitation on how long such a site can
be considered to be temporarily
inactive. EPA believes such sites should
provide the extra storm water pollution
prevention requirements that the
temporarily inactive status requires
compared to what is required for
inactive status.
The proposed permit would require
metal mining sites to identify, in
; pollution prevention plans, the outfalls
from the site that contain mine drainage
or process water and designate for each
outfall the boundaries of the area that
contribute to such areas. A commenter
objected to this permit condition as
being beyond the scope of the proposed
; multi-sector permit. Except for primary
metals industrial sector, this is not being
required of other industrial sectors.
In response, Part XLG.3.a(3)(a)(i) of
the draft permit stated "A site
topographic map shall be included in
•. the plan that indicates, at a minimum:
. . . and boundary of area that
contributes runoff to outfalls that are
subject to effluent limitations
guidelines." EPA would like to clarify
; that the last part should read ". . .
1 boundary of tributary area that is subject
to effluent limitations guidelines."
: Those discharges that are subject to
effluent limitations guidelines (ELG)
need to be regulated under another
! permit. It is the permittee's
responsibility to identify discharges that
are not authorized under this permit,
but that mix with those storm water
discharges that are authorized by the
permit. This requirement is included in
the metal mining sector because at most
metal mines there are numerous areas
where the storm water runoff is subject
to the ELG. That is not the situation for
most of the other sectors covered under
the multi-sector permit.
One commenter stated that EPA
should clarify that storm water permits
are not required for discharges at mining
sites which are not contaminated by
contact with significant materials. This
comment also applies to the coal mining
and mineral mining sectors.
In response, based on the definition of
storm water discharges associated with
industrial activity (40 CFR
122.26(b)(14)(iii)), a permit is required
for discharges from mining and milling
facilities where the discharge has come
into contact with any overburden, raw
material, intermediate products,
finished products, byproducts, or waste
products located on the site. The
exception is for discharges from 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 for discharges from
areas of non-coal mining operations
which have been released from
applicable State or Federal reclamation
requirements after December 17,1990.
Two commenters felt that EPA's
proposed analytical monitoring
requirements for metal mining facilities
should be substantially reduced, and
they should be eliminated if EPA does
not retract its proposed overly
expansive interpretation of the Part 440
regulations.
In response, EPA has reevaluated the
monitoring requirements for all the
sectors of the multi-sector general
permit and the number of pollutants for
which monitoring is required for the
metal mining sector has been reduced.
EPA does not see any reason why the
monitoring requirements should be
further reduced just because EPA
provided clarification as to what sources
are subject to the effluent limitations
guidelines for Metal Mining and Ore
Dressing. The determination of the
monitoring requirements for the metal
mining sector was based on an
evaluation of the monitoring data
submitted with the group applications
for metal mining facilities. The activity
status of many metal mining facilities
was taken into consideration in
determining the monitoring
requirements. Monitoring for the metal
mining sector was limited to the active
facilities.
Oil and Gas Extraction
Comment on Sector I, the oil and gas
extraction sector, focused on coverage
allowed under the general permit for oil
and gas sites and pollution prevention
plan requirements, particularly for
remote, unmanneid sites.
Representatives of the oil industry made
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the comment that the landfarming of
oilfield wastes as a practice to allow
biological break down should be
covered by this sector of the general
permit. They state that this is a common
practice at exploration and production
facilities sites and should be considered
a part of the oil and gas facility activity
and not an industrial waste land
application site subject to the
requirements under the land application
sector in part XI.L. of the multi-sector
permit.
In response, EPA would first like to
note that the land application or
disposal of oilfield wastes, produced
waters, and oilfield drilling muds is an
activity that is regulated by most States;
and as such must be taken to State
approved disposal sites. The discharge
of any of these materials and their
associated pollutants to a water of the
U.S. is not authorized under this sector.
Although, in theory, the practice of
landfarming oilfield wastes would seem
consistent with a no discharge
requirement, there is the potential for
pollutants from these land application
sites to be discharged in storm water
runoff and as such should comply with
the permitting requirements of
122.26(b)(14). The oil and gas industry
is not unique in that it land applies
industrial wastes as a disposal practice.
EPA must be consistent in its approach
to land disposal practices under the
storm water program. Also, EPA is
concerned that proximity of the disposal
site to actual drilling activity may be
variable. For these reasons EPA believes
these sites are more accurately
described as land application/disposal
sites and are subject to storm water
permitting under section XI.L. of this
permit. Where these sites are indeed
proximate to the drilling/production site
the disposal activity would be
considered a co-located activity and
would be subject to the additional
requirements under Sector XI.L. of this
permit.
Commenters requested that the
construction activities associated with
oil and gas exploration and production
(e.g., construction of access roads, drill
pads, mud pits etc.) should be covered
under the erosion requirements of this
permit and that those activities not
require a separate general permit
coverage for the construction activities.
In response, erosion, sediment, and
pollution control should be addressed
in all pollution prevention plans for
industrial activity. Particularly where
the industrial activity has the potential
to disturb vegetation or natural runoff
patterns and exacerbate erosion. This is
true of oil and gas exploration and
production activities. Therefore EPA has
included additional requirements in the
development of pollution prevention
plans for these facilities. However,
where the construction of a drilling site
or any construction of facilities covered .
by this sector would cause the
disturbance or is part of a plan to
develop which would disturb five acres
or more, then that construction activity
itself, becomes an industrial activity
which is defined in the regulations (40
CFR 122.26) as having storm water
associated with industrial activity
which requires separate permitting. EPA
has issued a general permit which
addresses the runoff from construction
activities. This multi-sector general
permit, while providing guidance for
construction activities under five acres
that may occur at a site, does not
authorize large scale construction (5 or
greater acres) and erosion control. EPA
does not believe that it is unnecessarily
burdensome for the oil and gas industry
to file a construction general permit
Notice of Intent and be compliant with
the pollution prevention requirements
for their sites which will cause the
disturbance of five acres or more.
Many commenters expressed concern
that it will be very difficult (if not
impossible) for oil and gas facilities to
do visual monitoring on then- remote
unmanned sites. They complain that
they will not know when its raining and
cannot get there in time to get a proper
sample. These commenters request that
this quarterly visual monitoring be
dropped from the multi-sector general
permit as a requirement for remote,
unmanned oil and gas sites.
In response to the issue of a remote
facility being required to comply with
the monitoring provisions, EPA realizes
that if a facility is inactive and unstaffed
it may be difficult for the operator to
collect storm water discharge samples
when a qualifying event occurs. Today's
final permit has been revised so that
inactive, unstaffed facilities can exercise
a waiver of the requirement to conduct
quarterly visual examinations.
Commenters asked for a two-tiered
storm water pollution prevention plan.
One for those facilities with lots of
activity and a less burdensome plan (a
de minimis plan) for remote facilities
that are unmanned and have no
activities (e.g., old oil field with a few
capped wells on the property).
EPA agrees that a pollution
prevention plan for inactive, unmanned
sites should not include all of the same
elements of a facility with continuous
activity and personnel. However, the
proposed pollution prevention plan
requirements already allow for a plan
that addresses potential pollutant
sources in a way that is appropriate for
each facility. EPA believes that this
allows adequate flexibility for operators
of unstaffed, inactive .sites to address
activities such as .housekeeping and
preventive maintenance in a manner
that is appropriate for that site.
Coal Mines and Related Facilities
EPA includes inactive mining areas
because significant materials remain on
site which can be exposed to storm
water and runoff. Two commenters
disagreed with the listing of solvents,
cleaning agents, contaminated soils and
sludges as significant materials found
on inactive sites. EPA agrees that these
materials are not normally found on
inactive sites in significant amounts,
especially compared to exposed
overburden and refuse piles. However,
the Agency wishes to call attention to
the possibility of these materials
existing at inactive sites where
machinery has been intensively used or
has been abandoned.
One commenter disagreed with the
Agency's conclusion that suspended
solids and iron in storm runoff merit
attention based on sampling data
submitted. The commenter indicated
that the sampling could not be ,
presumed representative and that very
high suspended solids concentrations
are found in runoff from undisturbed
areas in many western coal mines. The
Agency agrees that the data was
provided by only a small percentage of
coal mines participating in the group
application process and may not be
representative. However, the sampling
data submitted does give some
indication of the relative amounts of
pollutants contributed by storm runoff
and the Agency wishes to call attention
to those pollutants which appear to be
more significant.
EPA requested comments on
alternative monitoring and reporting
requirements which include annual
sampling of 20 percent of haul road
discharges and analyzing the samples
for settleable solids. Four commenters
responded to these alternative
requirements, all negatively. The
primary reason indicated was that the
expense and burden of analytical
monitoring would not be justified. Most
indicated that controls through Best
Management Practices (BMPs) and
visual examinations would be sufficient.
EPA acknowledges these responses and,
although it believes there is value in
occasionally performing settleable
solids evaluations, withdraws the
alternative monitoring requirements as
an option to the required visual
examinations.
Four commenters indicated that the
Surface Mining Control and
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51093
Reclamation Act (SMCRA) requires
sediment and erosion controls in the
form of BMPs and this requirement
should be sufficient for purposes of the
storm water general permit. One of the
cornmenters disagreed with the
reference of SMCRA requirements as
minimum requirements rather than
primary requirements of the pollution
prevention plan of the general permit.
EPA acknowledges the SMCRA
sedimentation and erosion control
requirements as the primary
requirements for active coal mining-
related areas and for inactive areas
under SMCRA bond authority. The
permit wording is modified to this effect
while still indicating that, where
determined appropriate for protection of
water quality, additional sedimentation
and erosion controls may be warranted.
Four commenters felt that the
requirement for quarterly sampling and
visual examination of representative
discharges is burdensome and
unnecessary. Reasons cited were that
active areas and regulated by SMCRA,
haul roads in some areas are remote,
and rainfall in some western areas is
unpredictable and spotty. Two of these
commenters suggested as-needed visual
examinations, one suggested annual
examinations, and one suggested semi-
annual examinations.
Although haul roads are regulated by
SMCRA and in some cases may be
remote, EPA is concerned that they can
bo a significant source of stream
siltation if sediment and erosion control
measures are not adequate to provide
necessary protection of stream quality
during precipitation events. The Agency
believes that a requirement for periodic
visual examinations of representative
discharges is necessary in order to
provide some evaluation of the
effectiveness of control measures under
actual runoff conditions. EPA also
acknowledges that drier western areas
would have less frequent incidences of
precipitation resulting in runoff. The
Agency has reduced the sampling and
visual examination requirements from
quarterly to semi-annually both for areas
having an average annual precipitation
of 20 inches or less as well as for
inactive areas under SMCRA bond.
One commenter suggested that the
requirement to collect samples form
discharges resulting from storm events
greater than 0.1 inch should be replaced
by a requirement to collect samples
resulting from any storm event
sufficient to produce a visual flow. The
Agency is concerned that some very
small storm events may not have
sufficient potential to significantly
disturb and carry off sediment even
though the storm events may produce
visual flows. To evaluate effectiveness
of sediment and erosion control
measures under conditions which have
potential for stream siltation, sampling
discharges resulting from at least a 0.1
inch storm is felt warranted.
Four commenters disagreed with the
requirement to sample within a 30-
minute period or, where not practical,
within a one-hour maximum period
after beginning of a discharge resulting
from a 0.1 inch storm event. Their
concerns were similar in that some
mining areas are extensive, rainfall
measurements may differ in different
parts of a mining area, and one hour is
not enough time to respond with
sampling. One of the commenters
suggested that the sampling be required
within one hour or as soon as practical
after discharge begins. Another of the
commenters suggested that samples be
collected within two hours of discharge
within normal business hours at 25
percent of a facility's representative
outfalls.
The requirement of a 30-minute
period (one hour where impractical) for
obtaining samples is based on the fact
that the highest potential of sediment
runoff and resulting stream siltation
occurs dining early stages of storm
periods where loose dirt and other
materials are most likely to be swept
away. However, the Agency recognizes
possible problems at large mining areas
for sampling within the required 30-
minute to one-hour maximum period
after beginning of discharge. The
requirements are changed to allow
sampling within the first one hour after
beginning of discharge or, as soon as
practical, but not to exceed a two-hour
maximum time period. The Agency
believes that this requirement is not
burdensome since samples are required
only from representative discharges and
at frequencies of once per quarter and
less in drier areas of the nation.
Sampling flexibility is also provided by
the number of 0.1 inch or greater
precipitation events occurring during
the quarterly or semi-annually sampling
periods.
One commenter pointed out that the
chemical monitoring requirements do
not distinguish between active and
inactive areas. This commenter and
three others opposed monitoring
requirements for inactive areas. Two of
these commenters suggested, however,
that samples be collected if discharges
occurred during an inspection. The
Agency agrees that mandatory sampling
of inactive areas within a specific time
period after initiation of a discharge due
to a minimum precipitation event may
be burdensome and has changed that
requirement for operators of inactive,
unstaffed facilities.
Three commenters suggest that
inspections for inactive sites be
specified at once every three years
rather than yearly with an allowance
under certain conditions of less frequent
inspections. EPA does not believe that
an across-the-board allowance of one
inspection every three years would be
adequate. Although no mining-related
activity may be taking place at inactive
sites, exposure of unreclaimed
overburden, refuse or other materials on
site is susceptible to erosion and runoff
and warrants more frequent inspections
of sediment and erosion control
measures. Yearly inspections are felt to
be appropriate to better assure that
control measures have not deteriorated.
Mineral Mining and Processing Sector
The comments on sector J, the mineral
mining and processing sector focussed
on eligibility under the sector,
monitoring requirements, and the
pollution prevention plan requirements
of the permit. EPA requested comment
on whether mine dewatering should be
included in the storm water multi-sector
permit, and if included, if it should be
expanded from just Region VI to all EPA
Regions.
EPA has elected to allow currently
unpermitted mine dewatering
discharges from Construction Sand and
Gravel, Industrial Sand, and Crushed
Stone mines to be included in this
permit, but only for facilities located in
EPA Region VI and Arizona. This option
does not exist in other EPA regions.
Region VI and Arizona have a large
number of unpermitted mine
dewatering discharges and limited
resources necessitating this
requirement.
EPA Region VI proposed a limited
amount of monitoring. Commenters felt
that monitoring should be limited to
only those parameters for which there
are ELGs. For example, the construction
sand and gravel subcategory (SIC Code
1442) only has ELGs for pH.
EPA Region VI has elected to require
monitoring for those parameters
indicated in the proposed permit. EPA
believes that such monitoring is
necessary to assess the pollutants levels
in the discharge and to assess the
effectiveness of the pollution prevention
plan.
Commenters felt that industry should
not be required to attain discharge levels
for solids to a greater degree than that
occurring in the natural erosion of the
surrounding area or that found in the
receiving stream during storm events.
To that end, the commenters requested
that the industrial facility or the State be
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responsible for establishing criteria for
TSS limitations. In the proposed storm
water discharge permit EPA did not
establish any hew storm water effluent
limitations. Rather, the limits in the
proposed permit are existing effluent
guidelines under the NPDES program
which the discharger should already be
meeting. EPA believes that it would be
imprudent to allow industry to establish
its own TSS limitations. The method
which a owner/operator of a facility
chooses to reduce storm water '
' discharges is left to the industrial
facility.
hi addition, EPA wishes to clarify that
the "cut off concentrations are not the
same as effluent limitations. If a facility
is unable to verify that its storm water
discharge is below the cut-off
concentration it will be responsible for
the continued monitoring of that
pollutant in its storm water discharge.
Once again, the "cut off concentrations
are not storm water effluent limitations
and should not be viewed as limits that
must be met.
Commenters felt that while
assessment and implementation of
needed BMPs may be necessary, written
discussion, documentation and
scheduling of this procedure should not
be a requirement of the storm water
pollution prevention plan. According to
the commenters, such assessments and
decisions should be made prior to the
development of the storm water
pollution prevention plan. The outcome
of those decisions should be made a part
of the storm water pollution prevention
plan. The commenters felt that the
storm water pollution prevention plan
represents the avenue for preventing
storm water pollution and should not be
used as an engineering report for BMP
evaluation and selection.
On page 61162 of the November 19,
1993, Federal Register EPA identified
the focus of storm water pollution
prevention plans. The plan has "two
major objectives: (1) to identify sources
of pollution potentially affecting the
quality of storm water discharges
associated with industrial activity from
the facility and (2) to describe and
ensure implementation of practices to
minimize and control pollutants in
storm water discharges associated with
industrial activity. . . ."EPA further
States the storm water pollution
prevention plan requirements are
intended to facilitate a process whereby
the operator of the industrial facility
thoroughly evaluates potential pollutant
sources at the site and selects and
implements appropriate measures
designed to prevent or control the
discharge of pollutants in storm water
runoff. EPA believes it is necessary to
include the discussion and .
documentation of BMP selection in the
storm water pollution prevention plan
to ensure the plan.developed for a
facility is operating effectively/The,
storm water pollution prevention plan
process involves four steps including
the assessment of potential storm water
pollution sources, the selection and
implementation of appropriate
management practices and controls, and
the periodic evaluation of the
effectiveness of the plan to prevent
storm water contamination. Because of
the uniqueness of mine sites, the
effectiveness of the BMPs can most .
effectively be, evaluated after their
implementation.
Commenters requested that EPA
provide for reduced inspection and
visual examination requirements for
active mineral mining and processing
sites given the Agency's findings that
these sites have "generally low
pollutant values." In response, EPA
strongly believes that quarterly visual
examinations of storm water discharges
is appropriate. Since EPA is not
proposing the monitoring of storm water
discharges from all sub-sectors, quarterly
visual examinations will allow for
feedback to be incorporated into a storm
water pollution prevention plan.
Commenters requested that EPA
provide for flexible inspection .
requirements and no monitoring
requirements for inactive mineral
mining and processing facilities,
consistent with the Agency's proposed
approach for metal mining sites. In'
response, EPA will require chemical
monitoring of storm water discharges
only from active sand and gravel and
dimensional stone, crushed stone and
non-metallic minerals facilities in this
sector. The permit still requires
quarterly visual examinations of all
storm water discharges from active.
facilities but this requirement can be
waived for inactive, unstaffed facilities.
The proposed mineral mining and
processing sector permit required
annual inspections for temporarily and
permanently inactive sites, but did not
allow for reduced inspection
requirements for remote and
inaccessible sites as EPA proposed for
inactive ore mining and coal mining
sites. Commenters requested that EPA
provide the same relief provision for
mineral mining sites as it did for coal
and ore mining sites. In response, EPA
has revised its inspection requirements
by reducing the frequency of the
comprehensive site compliance ... • '
evaluation to annual for all active and
inactive mineral mining and processing
facilities. .....
Commenters felt that the requirements
and conditions for termination of permit
coverage would be unworkable because
the "background values" for certain
parameters, such as total suspended
solids, would be highly variable from
outfall to outfall and according to the
intensity of storm events. In response,
EPA.has elected to delete the conditions
for termination of coverage. These
conditions would have been made
available only if the alternative
monitoring requirements were imposed
in the final permit for this sector.
Hazardous Waste Treatment 'Storage
and Disposal Facilities
One commenter questioned the
definition of "treatment, storage, or
disposal facility" that will be used
relative to the storm water regulations.
The storm water regulations published
in the November 16,1990 Federal
Register apply to "hazardous waste
treatment, storage, or disposal facilities
that are operating under interim status
or a permit under subtitle C of RCRA."
The multi-sector permit requirements in
this sector, apply to "facilities that treat,
store, or dispose of hazardous wastes,
including those that are operating under
interim status or a permit under subtitle
C." The use of the term "including" is
not clear. The same .commenter
requested clarification regarding the
inclusion of hazardous waste generators
who operate storage areas (with less
than 90-day accumulation) or temporary
satellite accumulation areas. In
addition, another commenter requested
clarification on whether facilities
regulated under Subpart X of 40 CFR
264 are subject to the storm water
provisions.
EPA's intent regarding storm water .
permit coverage for facilities under this
sector, is to include all treatment,
storage, or disposal facilities (TSDFs)
operating under interim status (40 CFR
265) and those operating under a permit
issued pursuant to 40 CFR Parts 264 and
270. This includes facilities regulated
under Subpart X of Part 264. It also
includes recycling facilities whose
operations are subject to regulation
under Part 266, to the extent that these
activities also are subject to interim
status or permitting requirements under
Subtitle C of RCRA. Used oil recycling
facilities that are subject to regulations
under Part 279 are .included in Sector N
of this permit, rather than Sector K.
Sector K does not include generators
who temporarily store hazardous waste
pursuant to the requirements in 40 CFR
262. The permit language has been
clarified to confirm that the multi-sector
permit requirements in this sector apply
to facilities that treat,- store, or dispose
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51095
of hazardous wastes and that are
operating under interim status or a
permit under subtitle C of RCRA.
Several questions were received
regarding the parameters included in
the monitoring requirements. More
specifically, several commenters
questioned the inclusion of Total
Kjeldahl Nitrogen (TKN) and Chemical
Oxygen Demand (COD) in the industry
monitoring requirements in Table K—3,
and the exclusion of Total Suspended
Solids. The U.S. Army questioned
whether the data they submitted was
incorporated into Table K—1 on
conventional pollutants in storm water.
The Army also requested that EPA
clarify the form of cyanide that is to be
monitored, and suggested that a
numerical detection limit should be
specified for total recoverable
magnesium and cyanide, rather than the
words "detection limit."
The monitoring parameters and the
cut-off concentrations specified by EPA
for this sector primarily were based on
the parameters previously established
for the baseline general permit. These
parameters were based on consideration
of significant materials and the
industrial activities of facilities in this
industry. The amount of storm water
data specific to TSDFs that EPA was
able to evaluate was very limited; any
data submitted from military
organizations was evaluated separately
and not included in Table K-l. Total
recoverable cyanide is to be monitored
by TSDFs; the commenter is referred to
40 CFR136 regarding analytical
methods to be used in the storm water
program. Regarding the cut-off values
for total recoverable magnesium and
total cyanide, the concentration for
magnesium is .0636 mg/1 and the
concentration of cyanide is .022 mg/1.
Some commenters questioned Region
6's assertion that storm water from
hazardous waste Treatment, Storage,
and Disposal Facilities (TSDFs) would
not be allowed coverage under the
Multi-Sector General Permit in Region 6
States (OK, MM TX, and LA). These
commenters asked whether Region 6
intended to exclude only commercial
facilities or all TSDFs. A few of these
commenters noted that the exclusion of
all TSDFs would put a financial and
resource burden on both the regulated
TSDFs and EPA by requiring all
facilities to obtain individual permits.
One commenter asked whether this
applied to closed TSDFs as well.
Region 6 agrees with the commenters
that it would be unduly burdensome to
both the industry and the Agency to
issue individual permits for all TSDFs.
At this time, Region 6 would like to
clarify their intent and indicate which
TSD facilities would be allowed to be
covered by a general permit; and those
the Region specifically believe must
1 obtain individual permits. Region 6
believes that General Permit coverage is
appropriate for TSDFs that are self
generating and are probably covered by
the Multi-Sector General Permit via
some other (primary) industrial sector.
These facilities would be required to
comply with the specific requirements
in the Multi-Sector General Permit for
their TSDF areas. The Region believes
that the Multi-Sector General Permit
requirements and monitoring for these
facilities are appropriate. This would
also apply to facilities that only store
hazardous waste and do not treat or
dispose of the hazardous materials.
Also, the Region believes that disposal
facilities that have been properly closed
and capped, and have no significant
materials exposed to storm water should
not require permits in accordance with
the description of storm water
associated with industrial activity [40
CFR 122.26 (b)(14)].
However, it is Region 6's intent to
issue individual permits for all
commercial Treatment and Disposal
Facilities. Those facilities would only be
those which take commercially
produced hazardous wastes (not their
own) and treat or dispose of those
materials. The Region has few of these,
and the burden on the Regional
permitting staff is small. Only six
commercial facilities applied for
coverage through the group application
process. To date, Region 6 has required
individual permit applications from all
such facilities; and permits have
included specific technology and water
quality based limits. To allow existing
facilities to obtain permit coverage
under the Multi-Sector General Permit
would be backsliding, and not allowable
under part 402(o) of the CWA. To allow
new facilities with permit conditions
that are less stringent would not be
consistent and would provide an
economic advantage to new facilities
over existing ones. In addition, Region
6 believes that more careful compliance
; tracking is warranted for facilities that
'treat and dispose of hazardous waste as
a commercial operation. The Region
does not believe that this would be
burdensome on the few facilities that
fall into this "commercial" category.
, These are large facilities that treat and
dispose of large quantities of hazardous
• wastes as a service to generators.
Because individual permits for these
commercial hazardous waste treatment
' and disposal facilities has always been
a priority, the Region believes it is
consistent and appropriate to require all
such facilities to apply for individual
NPDES permits for their storm water
discharges. This distinction does not
apply to facilities that take and dispose
of household (residentially produced)
hazardous wastes. Facilities that accept,
for disposal or treatment, wastes
generated by private individuals at their
residence are not required to submit
individual applications unless they are
a commercial facility for the treatment
or disposal of hazardous wastes. Region
6 does not wish to discourage
benevolent industry operators from
offering this service and thereby
discourage the proper disposal of
household hazardous wastes by limiting
their eligibility under this general
permit.
Landfills and Land Application Sites
One commenter stated that the permit
should provide reduced monitoring and
pollution prevention plan requirements
for landfills and land application sites
that receive a homogenous waste
stream. EPA agrees with the commenter
that there are a wide range of industrial
landfill and land application types
depending on the nature of the waste
received/managed. Even where the same
waste categories are received by two
landfills (or land application sites),
waste characteristics may be highly
source-specific. For example, ash
composition varies significantly
depending upon the fuel type/source
and the combustion process. Because of
this diversity and the limited extent of
monitoring data submitted with the
group applications, the Agency has
established broad monitoring
requirements for this sector. Further, the
Agency believes that quarterly
monitoring during the second year of
the permit is necessary to fully
characterize storm water discharges
from individual sites. The Agency also
notes that Section 5.a.(3).(a) of the
permit waives monitoring requirements
during the fourth year on a pollutant-by-
pollutant basis where sampling shows
concentrations below the threshold
levels.
Several commenters expressed
concern that a wide variety of pollutants
are listed in the monitoring '
requirements of the proposed permit.
Potential source of pollutants and
pollutant types vary significantly from
landfill to landfill. EPA concurs with
the commenter that there are a wide
range of industrial landfill types
depending on the nature of the waste
received/managed. To address the
commenter's concern, the Agency has
developed the alternative certification
described in Section L.5.a.(5) of the
permit. This provision will allow
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
permittees to exercise a waiver of the
monitoring if they can certify that storm
water will not be exposed to potential
sources of pollution.
The Agency believes that permittees
should implement BMPs to minimize
erosion at sites (i.e., to prevent/
minimize pollutant loadings to storm
water). This includes stabilizing daily
cover piles, wherever practicable,
regardless of their locations. These
measures will reduce the need to rely on
other controls to manage/treat storm
water runoff after contamination has
occurred.
One commenter questioned the
analytical monitoring requirements
proposed for landfills closed prior to the
effective date of 40 CFR 258.60. The
commenter felt that all landfills closed
in accordance with State or local
regulations should be exempted from
analytical monitoring. In response, the
Agency believes that prior to the
effective date of 40 CFR 258.60 there
was significant variability in State
MSWLF closure requirements. The
closure provisions of State industrial
landfill regulations are similarly
diverse. Because of this variability, the
Agency cannot be certain that landfill
areas closed under State programs do
not have the potential to contribute
pollutants to storm water discharges
(unless the requirements are equivalent
to or more stringent than 40 CFR
258.60). Therefore, the Agency does not
believe it is unreasonable to require
monitoring for such sites. For landfills
that are closed according to State or
local requirements that are equal to, or
more stringent than 40 CFR 258.60, the
permit includes the "alternative
certification" and "low concentration"
waivers which should provide a means
for such a landfill to forego the need to
monitor.
Several commenters expressed
concern that the frequency of the
inspections required for storm water
pollution prevention plan are excessive
and impose an excessive burden upon
facility operators. The Agency
appreciates the commenters feedback on
the inspection frequency and recognizes
the potential difficulties that may arise
from requiring inspections within 24
hours of a storm event. Therefore, the
final permit has been revised to only
include weekly inspections. The Agency
believes that this frequency is
appropriate for landfills and land
application sites because of the nature
of the BMPs typically used at these
facilities. Erosion and sediment control
measures often require frequent upkeep
and maintenance to ensure proper
operation.
One commenter requested a reduction
in the monitoring requirements for
facilities located in cold climates due to
difficulty in collecting samples during
winter periods. The Agency does not
believe that monitoring requirements
should be adjusted for landfills solely
because they are located in cold
climates. The permit provides a
temporary exclusion from monitoring
requirements during a quarter if
sampling is unfeasible due to adverse
'conditions (including weather) and this
provision should account for difficulties
in conducting sampling due to climate.
Under this exclusion, permittees are,
however, required to collect two
samples during the next quarter to make
up for the missed sampling requirement.
Several commenters stated that the
monthly visual examination
requirements for this sector were
excessive and burdensome. In response
to these comments, today's permit
requires only quarterly visual
examination of storm water discharges.
For active and staffed landfills and land
application sites, the Agency does not
believe that it is unreasonable to require
sampling/visual examinations once each
quarter within the first hour a storm
event.
Auto Salvage Yards
A few commenters indicated that
storm water runoff from automobile
salvage yards is often contaminated
with spilled residues of engine and
transmission fluids, and battery acid
saturated with lead. The Agency agrees
that automobile salvage yard facilities
may have many potential sources of
storm water pollutants. Therefore,
today's final permit incorporates permit
conditions to address these potential
sources. Such conditions include
development of a pollution prevention
plan, which includes the
implementation of BMPs, regularly
scheduled inspections, and visual and
analytical monitoring to help assess the
effectiveness of the pollution prevention
plan and to identify potential problems
with the plan that would lead to making
plan revisions and incorporating
additional control measures.
A few commenters stated that some of
the conditions under the proposed
multi-sector permit for automobile
salvage yards are more stringent than
those under the baseline general permit.
In response, EPA wants to clarify that
certain information, not available at the
time of finalization of the baseline
general permit, such as the group
application information and sampling
data, was used extensively in the
development of the conditions in
today's final permit. This information
and.data has identified pollutants of
concern, the concentrations of these
pollutants, and the industrial activities
that are conducted on-site that generate
these pollutants. The Agency has
developed appropriate conditions in
this final permit to address these storm
water discharges.
Several commenters feel that the
proposed semi-annual employee
training requirement for facilities in the
automobile salvage yard sector is too
burdensome, especially considering the
annual training required for most other
sectors. Today's final permit requires
facilities themselves to identify periodic
dates for employee training in the storm
water pollution prevention plan. The
focus of the employee training required
under the multi-sector permit is on
informing personnel of the components
and goals of the storm water pollution
prevention plan (storm water pollution
prevention plan). This includes
familiarizing employees with their
responsibilities under this plan. The
Agency believes that periodic training
programs are needed to keep employees
up-to-date with the storm water
pollution prevention plan but agrees
that semi-annual requirements may be
too burdensome for some facilities. EPA
leaves the decision as to the frequency
of employee training up to the facility
operator because site-specific
circumstances will call for different
training frequencies and the facility
operator is in the best position to make
that decision. The frequency of training
for auto salvage facilities can therefore
be determined by each facility operator
at the time they develop their pollution
prevention plans. If additional training
is necessary than what is originally
identified, then the plan can be
modified by the operator and the
training frequency increased.
A few commenters requested that the
frequency of the visual monitoring
required for facilities in the automobile
salvage yard sector be reduced from
monthly to quarterly. In response to
these comments and other comments on
this issue, and given further
consideration of climatic variations and
the other types of inspections required
under this sector, today's final permit
requires facilities to conduct only
quarterly visual monitoring. Visual
monitoring will allow facilities to detect
potential problems and evaluate the
effectiveness of the pollution prevention
plan more frequently than just through
chemical sampling.
Several commenters indicated that
existing BMPs at their facilities are
sufficient or that specific BMPs listed in
the proposed fact sheet are not
appropriate. EPA wants to clarify that
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facilities with BMPs already in place are
still required to develop a pollution
prevention plan. Existing BMPs may,
however, be used as part of the
pollution prevention plan, if it is
determined that the BMPs adequately
address the potential pollutant sources
at the site. The Agency notes that Table
M-3 of the proposed fact sheet, Storm
Water BMPs for Automobile Salvage
Yards, is a list of BMPs to be considered
when developing the pollution
prevention plan. These BMPs may not,
however, be appropriate under all
conditions, nor may this list be all
inclusive. Permittees should use this
table as guidance when considering
which BMPs to implement at their site.
Numerous commenters indicated that
the costs for automobile salvage yard
facilities to comply with the proposed
multi-sector permit will be too
burdensome. Several comments stated
that the cost would exceed $15,000 per
facility. Costs, including the time and
money necessary to meet the proposed
documentation and monitoring
requirements, may force some facilities
out of business. Several comments
stated that smaller facilities would have
to hire a professional engineering firm
to develop the pollution prevention
perform the recordkeeping and
monitoring requirements. The cost
estimates referred to in these comments
are based on the requirements in the
proposed multi-sector permit. The
Agency notes that several of these
proposed requirements have been
reduced in today's final permit and that
these reductions will significantly
reduce the cost of compliance. The
reductions include requiring analytical
monitoring only for certain facilities, a
pollutant-by-pollutant alternative
certification for those facilities that are
subject to analytical monitoring, a
decrease in the minimum frequency of
visual examinations of storm water
discharges from monthly to quarterly,
and a reduction in the minimum
employee training requirements. EPA
believes it is feasible, even for small
businesses, to fulfill the requirements of
today's permit without hiring outside
help. The Agency has provided
guidance, such as the manual; "Storm
Water Management for Industrial
Activities; Developing Pollution
Prevention Plans and Best Management
Practices" to assist permittees with the
development and implementation of
pollution prevention plans.
A few commenters stated that the
comprehensive site compliance
evaluation for automobile salvage yard
facilities should only be required once
a year, not twice as was proposed in the
multi-sector permit. The Agency agrees
with these commenters and notes that
today's final permit has been revised to
require a comprehensive site
compliance evaluation at a minimum of
once per year in this and all other
sectors.
A few commenters stated that the
inspection requirements for automobile
salvage yard facilities are too
burdensome. In particular, commenters
stated that the requirement to
implement any changes in measures and
controls as a result of these inspections
within 12 weeks should be changed.
Although 12 weeks is enough time to
make management procedural changes,
commenters felt it is not sufficient to
implement structural changes to the
facility. Commenters requested a 1 year
time frame to implement such changes.
The Agency believes that the majority
of the changes required as a result of the
quarterly inspections will be procedural
or programmatic in nature. Therefore, a
12 week time-frame should be sufficient
for the implementation of the majority
of the changes to the plan under this
section. In the event that a permittee
believes structural changes to the
facility are necessary, the permittee
should contact their EPA permitting
authority and discuss a possible
schedule for implementing the changes.
Changes requiring construction are
allowed additional time for
implementation under the terms of the
permit.
Several commenters stated that the
quarterly inspections for leaks from
vehicles and outdoor storage areas are
too burdensome. Comprehensive site
compliance evaluations and the
requirement to remove fluids from
vehicles when they arrive on-site, or as
soon as feasible thereafter, make
quarterly inspections unnecessary. One
commenter questioned why quarterly
inspections for leaks from vehicles is
necessary if fluids must be removed
from vehicles when they arrive on-site,
or as soon as feasible thereafter. The
Agency notes that there are certain
circumstances in which fluids cannot be
removed from vehicles immediately.
Therefore, quarterly inspections should
include checking vehicles which still
have fluids for leaks. Vehicles that have
been completely drained of fluids are
not of concern for this inspection. EPA
believes that the quarterly inspections
required under the proposed permit
target areas with a significant potential
to contaminate storm water, such as
outdoor storage of containers. Therefore,
today's final permit includes quarterly
inspection requirements. -
A few commenters stated that EPA
should allow facilities in the
Automobile Salvage Yard sector
additional time to construct structures
needed to control contamination of
storm water runoff. One suggestion was
to allow these facilities 5 years to
construct storm water pollution control
structures, as long as the construction
design and schedule is developed by a
professional engineer (PE) and is 50%
complete within 24 months, 75%
complete within 36 months, and 100%
complete within 60 months.
Compliance deadlines under the multi-
sector permit allow facilities up to 3
years from the effective date of the
permit to construct structural BMPs that
are called for in the pollution
prevention plan. The Agency believes
that in most cases 3 years is sufficient
time to complete construction of
structural BMPs. Permittees that feel
they cannot complete construction
within this specified time period should
contact the applicable EPA Regional
office.
Several commenters stated that the
proposed recordkeeping requirements
would be the most expensive segment
for facilities subject to the Automobile
Salvage Yard sector. Facilities should
not be required to document the volume
of fluids removed from vehicles as they
are received since transporters or
recyclers document the total volume of
fluids removed from the site when
collection is made for recyling.
Commenters also indicated that reports
should be prepared at the time the
materials are sold or recycled, and not
necessarily every month. In response,
EPA has deleted these requirements
from the final permit since many
permittee already track such
information for other purposes.
Scrap Recycling and Waste Recycling
Industries
A number of commenters requested
clarification on the prohibition of the
discharge of washwater from tipping
floor areas. To clarify, the final permit
specifically prohibits the discharged of
washwater from tipping floor areas to
any part of a storm sewer system. This
is considered a process wastewater
discharge which is not authorized by
this storm water permit. This permit
also does not authorize discharges to the
sanitary sewer system.
A substantial number of commenters
expressed concerns regarding the
appropriateness and costs associated
with requiring the usage of structural
erosion and sediment controls at scrap
recycling facilities. Commenters
frequently stated that such a
requirement was inappropriate at this
stage of the permitting process and that
scrap recycling facilities should be
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51098 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
provided the flexibility to implement a
range of source control measures.
Commenters frequently stated that their
facilities did not have the room for
structural controls such as retention
ponds and sediment basins. It was
further suggested that the results of
monitoring data, particularly for total
suspended solids (TSS), warranted a
more flexible approach to the use of
erosion and sediment control measures.
EPA believes that erosion and
sediment controls are necessary at scrap
recycling facilities due to the large
amount of facility property (used for the
industrial activities) which is
unstabilized exposed soil and which
receives large amounts of vehicular
traffic similar to a construction site. For
these areas, there are many types of
erosion and sediment control measures
that are appropriate for a recycling
facility. A review of the group
application information indicates that
both structural and non-structural
erosion & sediment control practices
have been employed at scrap recycling
facilities. In addition, scrap recycling
facilities also commonly use spray water
as a means of dust control. Regardless,
EPA believes that these areas are
appropriately classified as engaged hi
industrial activity and require storm
water BMPs for controlling pollutant
sources. Analysis of the part II sampling
data indicates that approximately 22%
of the grab samples for TSS -were above
500 mg/1 and, similarly for
approximately 20% of the composite
samples. EPA considers the use of
erosion and sediment source control
measures to reduce sediment loadings to
be appropriate for scrap recycling
facilities.
The permit does provide the
flexibility for operators to select a mix
of erosion and sediment control
practices to reduce suspended sediment
loadings. However, EPA wishes to
clarify an issue with regard to
requirements for the construction of
permanent erosion and sediment
controls such as retention ponds and
sediment basins. EPA expects that these
types of controls, or then- equivalent,
would only be constructed after the
operator has had the opportunity to '
employ a full range of non-structural
type source control measures and where
substantial settleable and/or suspended
solids loadings still persist. EPA is
aware that site-specific conditions could
exist which would preclude the siting of
a structural control, i.e., a retention
pond. Space restrictions caused by
permanent buildings, permanently-fixed
processing equipment, other semi- .,
permanent or permanent obstructions, ,
and/or restrictions posed byiproperty
boundaries would be considered
examples where the operator could
make a determination that construction
of a structural control (i.e., a retention
pond or its equivalent) is not a viable
option. If such a determination is made
by the facility operator, the operator
would be required to annotate the plan
accordingly. The operator would then
update the plan to indicate what
modified or additional or BMPs will be
implemented to reduce suspended
solids loadings.
Many commenters interpreted
proposed permit conditions as
mandating the use of permanent or
semi-permanent covers over stockpiled
materials. EPA is not mandating the use
of covers over stockpiled materials.
Because of the substantial quantities of
stockpiled materials typically located at
scrap recycling facilities, EPA believes
that a requirement to mandate the use
of covers is not appropriate and most
often would be impracticable.
Therefore, the decision whether to
construct or install covers is left to the
discretion of the facility operator. The
proposed permit provides that the
operator "shall consider" the use of
these types of BMPs, however, the
decision whether to use permanent or
semi-permanent covers is left to the
operator's discretion.
EPA is concerned with controlling
storm water contamination from certain
types of recyclable materials,
specifically significant residual fluids,
accumulated particulate matter and
shredder fluff that could be exposed to
runoff in the absence of any physical
means of minimizing contact.
Consequently, EPA expects that the plan
will include measures to minimize
exposure of these materials to surface
runoff, where appropriate.
A significant number of commenters
expressed concerns about proposed
permit requirements that would
eliminate exposure of turnings to
precipitation or runoff. EPA wishes to
clarify that it is primarily concerned
with turnings that are produced from
certain types of machine tool operations
(e.g., milling machines, machine tool
centers, and lathes) and which have
come in contact with cutting fluids.
Because of the potential for significant
quantities of residual fluids associated
with turnings, EPA believes they pose a
substantial risk of contaminating surface
runoff. EPA notes that this particular
sub-section of the permit does not apply
to cuttings or turnings that have not
been exposed to cutting fluids.
In the draft permit, EPA required that
"all turnings and cuttings shall be
handled in such a manner as to prevent
exposure to either precipitation or storm
water runoff. . . ." Based on
information provided by the industry,
EPA believes that the requirement to
prevent all exposure of all turning and
cuttings would pose an undue burden
on the scrap recycling industry. Such
information demonstrated that, in most
cases, turnings piles can be very large in
size and are mostly stored outdoors due
to size. Therefore, in the revised permit
EPA is requiring scrap recycling
facilities to select an appropriate BMP
from either two suggested options, or
employ an equivalent measure, to help
minimize exposure. These options were
developed based on input of current
practices used by the scrap recycling
industry.
The final permit identifies the
discharge of fluids from containment
areas, in the absence of a storm event,
as a non-storm water discharge
prohibited under this permit. The
operator would be required to obtain a
separate NPDES permit for this non-
storm water discharge. Discharges from
turnings containment areas to the
sanitary sewer system are not covered
by this permit. The operator must seek
the necessary approval(s), if any, from
the appropriate local pretreatment
authority.
A substantial number of scrap
recycling facilities requested
clarification on the prohibition of non-
storm water discharges from oil/water
separators. EPA clarifies that in the
absence of a storm event, discharges
from oil/water separators to a storm
sewer system are consider non-storm
water discharges, which are not covered
under this permit. Discharges from oil/
water separators that occur as a
consequence of a storm event, either a
current event or past event, are
permitted provided that the oil/water
separator is properly maintained on a
regularly scheduled basis as established
in the plan...
Commenters also wanted clarification
on the liquids draining requirements as
they applied to "white goods," i.e.,
appliances. EPA clarifies that it is not
requiring scrap recycling facilities to ,
drain fluids from appliances or "white
goods," oil-filled shock absorbers, and
other permanently sealed containers
with very small amounts of fluids, .
though the permittee may elect to do so.
A number of commenters requested
clarification on the applicability of other
sections of the permit where co-located
facilities exist, e.g., equipment and
vehicle maintenance in section VIII-P.
Section VIII.N.l specifically provides
that scrap and waste recycling facilities .
that have additional facilities which
Satisfy the definition of ah industrial.._.
activity covered by another section of
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51099
this permit (e.g., equipment and vehicle
maintenance facilities), must comply
with the pollution prevention plan and
monitoring requirements of that other
section. The purpose of this requirement
is to ensure that the pollution
prevention plan and monitoring
requirements appropriately address all
aspects of regulated industrial activity
that occur at a specific facility. For more
explanation of this requirement, see the
Co-located activities section of this
summary.
Another commenter noted that
differences exist between the list of
BMPs identified in Table N-ll of the
factsheet and section Vin.P of the
permit. BMPs identified in Table N-ll
wore not intended to be all inclusive;
rather the table identifies optional and
alternative BMPs that may be used for
vehicle and equipment maintenance. If
scrap and waste recycling facilities have
co-located facilities that meet the
definition of industrial activity covered
under section VHI.P, the operator is
required to comply with the plan
requirements for that section, including
any specifically identified BMPs.
A number of commenters argued that
EPA should drop the analytical
monitoring requirements since many
BMPs would be implemented thereby
obviating the need for monitoring. In
addition, these commenters said it
would be more beneficial to target
resources towards BMP implementation
rather than to put resources towards
monitoring. EPA does not agree that the
implementation of BMPs at scrap
recycling facilities should automatically
eliminate the need to conduct
monitoring. EPA is requiring monitoring
primarily for purposes of demonstrating
the effectiveness and adequacy of the
pollution prevention plan as
implemented over the term of the
permit. EPA believes that the transient
nature of activities at scrap recycling
facilities and the results of the group
application sampling effort clearly
justify analytical monitoring during the
permit term.
Some commenters questioned why
EPA proposed to require monitoring for
aluminum and iron at scrap recycles.
Only 5 scrap recycling facilities
sampled for these pollutants during the
group application process. The limited
sampling information provided by scrap
recycling facilities for iron and
aluminum, however, suggests that these
facilities may be significant sources of
iron and aluminum in storm water
runoff. Given the volumes of ferrous and
non-ferrous materials commonly
handled at scrap recycling facilities,
EPA believes that it is reasonable to
monitor for these pollutants to
determine if they are present and if so
to provide information to the facility
operator to ensure the pollution
prevention plan is effective at
controlling these pollutants. Therefore,
EPA believes that additional data on
these two pollutant parameters is
needed for purposes of better
characterizing pollutant sources that
may be present so that pollution
prevention plans may be more
-. appropriately designed.
A number of commenters requested
clarification on the use of the term
"battery reclaimers" as it applies to
scrap recycling and waste recycling
industries. EPA agrees that scrap and
waste recycling facilities which only
collect and temporarily store used lead-
acid batteries are not classified as
battery reclaimers as described by 40
CFR Part 266. Battery reclaimers engage
in.the practice of breaking-up used lead-
acid batteries for purposes of reclaiming
the lead contained within them. During
the group application process, EPA did
not receive any group applications
composed of battery reclaimers.
Therefore, facilities which engage in the
reclaiming of used, lead-acid batteries
are not eligible for coverage under this
permit.
EPA has reviewed a cost study
provided by industry and-concludes
that a substantial portion of the costs
arose as a consequence of unclear
permit language or activities that are
already substantively employed at scrap
recycling facilities (i.e., not necessarily
in response to the NPDES storm water
program). EPA believes that the cost
estimates provided in the fact sheet to
the proposed permit are reasonably
accurate and representative of the actual
range of costs most facilities will
experience to comply with the
requirements of this permit (see cost of
'. compliance discussion in this
summary).
, EPA is not requiring scrap recycling ,
facilities to construct permanent or
semi-permanent covers over stockpiled
materials, therefore, the estimated
capital costs would be substantively
reduced over those calculated by
industry. In addition, EPA observed
during a site visit that a scrap facility
with a shredder already had at least one
roll-off box for collecting shredder fluff.
Given the substantial volume of
shredder fluff produced annually, some
means of collecting and disposing of
shredder fluff already exists at shredder
facilities. Therefore, EPA does not agree
that scrap recycling facilities are facing
the additional capital expenses as
reported in the industry cost report.
; With regard to retention ponds, the
final permit provides additional
clarifying language that states that the
operator is expected to employ a full
range of non-structural erosion and
sediment control measures to reduce
sediment loadings. If substantial
loadings persist after employing a full
array of non-structural measures, the
operator could be expected to construct
a retention pond or its equivalent.
However, the operator would first be
expected to identify what additional
measures might be taken to reduce
sediment loadings before constructing a
retention pond, hi addition, the final
permit allows the operator to make a
determination that insufficient area is
available to construct a pond or its
equivalent. These additional provisions
in the final permit are expected to
dramatically reduce the likelihood that
many scrap recycling facilities will be
required to construct retention ponds.
Discussions with the scrap recycling
industry indicate that facilities that
receive substantial quantities of turnings
have established appropriate
containment areas with suitable
berming and drainage collection
(including the use of sumps and/or oil/
water separators). In addition, measures
to properly dispose or recycle
substantial quantities of residual fluids
are already in practice in response to
other environmental and safety
regulations at the Federal, State, and
local levels. Consequently, EPA does
not agree that the estimated annual
operation and maintenance cost of
$13,000 can be exclusively attributed to
the NPDES storm water program.
The scrap recycling industry cost
study estimates that berms around
stockpile as will be replaced quarterly at
an annual cost of $55,000. EPA has a
number of concerns with regard to this
estimate. The use of berms around
certain stockpile areas was proposed as
a BMP alternative by industry and many
of its members. In addition, group
applications cited the use of berms as a
frequently employed best management
practice. If such a cost estimate were
accurate, it is unrealistic to expect that
a scrap recycling facility would incur
such a cost given the industry's
expressed concerns about extreme
competitive pressures. It is more likely
that such a BMP would be considered
impractical or economically infeasible
by the facility operator and other BMPs
would be chosen in preference.
EPA also wishes to respond to a
number of other costs elements reported
in the industry study. The study also
identifies additional costs in response to
the draft permit:
• Encourage suppliers to drain fluids.
• Inbound scrap lead acid battery
control program.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
• Inbound material inspection
program.
• Segregate, handle and store used
batteries.
« Periodic inspections of processing
equipment.
• Employee and supplier training.
In discussions with industry
representatives and scrap recycling
facility operators during site visits, it
was observed or noted that many of
these practices are already commonly
employed by the scrap recycling
industry. In particular, manufacturer
specifications on what is acceptable for
scrap often dictates what materials are
or are not accepted. In addition,
frequent training of employees and
buyers of scrap is necessary in order to
ensure that only acceptable materials
are received. Concerns over potential
liability of accepting undetected
hazardous waste within scrap
necessitated the need for the industry to
provide adequate training of both
employees and its major suppliers.
Therefore, EPA does not believe that the
costs associated with these activities are
overly burdensome or that they can be
exclusively attributed to the NPDES
storm water program.
A number of commenters expressed
concerns about the appropriateness of
requiring WET testing as an alternative
monitoring requirement. EPA has
removed any requirements to conduct
•whole effluent toxicity testing from this
section of the permit. A substantial
number of comments were received by
the industry with regard to other
monitoring requirements during the
permit term. To a large extent,
commenters disagreed that monitoring
during the permit term would provide
the necessary information to support
EPA's goal of assessing the effectiveness
of pollution prevention plans. Many
commenters specifically stated that
EPA's use of benchmarks was not
appropriate and that, in effect, the
Agency was establishing numeric
effluent limits for the scrap recycling
industry. Commenters added that the
site-to-site and storm-to-storm
variability of the data will prevent EPA
from determining the effectiveness of
BMPs. In sum, the excessive cost of
monitoring, the lack of technical and
regulatory expertise, excessive
administrative burden, and the need to
hire consulting engineers were cited as
justified reasons for eliminating
monitoring requirements.
EPA's analysis of all sampling data
provided by group applicants within
this sector revealed that the scrap
recycling industry consistently
exhibited high concentrations of metals,
particularly copper, lead, and zinc.
Moreover, sampling data also revealed
that, in general, scrap recycling facilities
were a consistent source of a wide
diversity of conventional and toxic
pollutants. EPA believes that the range
of concentration values reported for
many pollutants adequately supports
the inclusion of monitoring for these
pollutants in the permit.
The group application sampling was
intended to demonstrate to operators of
facilities and to EPA the types of
pollutants typically found in industrial
storm water discharges and to give, to
some extent, a measure of the
magnitude of those pollutants. It was
not expected that sampling results
would be used as a basis of establishing
numeric effluent limits. The purpose of
monitoring in today's final permit is to
substantiate, over the long term, that
scrap recycling facilities are employing
the full range of BMPs and to judge the
overall effectiveness of pollution
prevention plan measures in controlling
the pollutants of concern.
A number of commenters requested
that EPA subdivide this sector to
distinguish between scrap recycling
facilities and municipal recycling
facilities (MRF) that recycle paper,
newspaper, glass, plastic containers,
cardboard, and aluminum cans received
primarily from residential and
commercial sources. Commenters
argued that MRFs are not the same as
scrap recycling facilities, particularly
with regard to the degree of exposure of
significant materials. Commenters
requested that EPA clarify its position
with regard to BMP and monitoring
requirements with regard to MRFs.
Commenters also requested that EPA
clarify any distinctions between MRFs
that receive source-separated recyclable
materials only (so called clean MRFs)
versus those that do not receive source
separated materials (so called dirty
MRFs).
Based on information and data
submitted in two group applications,
EPA has created a separate sub-sector
for recycling facilities that receive only
recyclable materials (source-separated
facilities) primarily from commercial
and residential sources. This sub-sector
excludes scrap recycling facilities and
dirty MRFs. EPA concludes that source-
separated recycling facilities are
different in many respects from scrap
and waste recycling facilities and from
dirty MRFs. Source separated recycling
facilities do not produce the volume of
non-recyclable wastes that scrap
recycling and waste recycling and dirty
MRF facilities do. In addition, recycling
facilities do not have heavy industrial
processing equipment such as shearers
or shredders.
EPA observed during one site visit to
a MRF that the majority of storage
occurred indoors and there were few
outdoor processing operations. Outdoor
storage consisted only of processed
materials, e.g., compacted bundles of
aluminum cans and bins containing
glass cullet. Outdoor storage of
processed materials tended to be for
only short periods of time as compared
to scrap recycling facilities where
stockpiled materials may be exposed for
long periods of time.
EPA also believes that recycling
facilities that reject non-recyclable
waste materials at the source, e.g., curb-
side, also distinguishes them from scrap
recycling and waste recycling facilities.
This practice is an effective means of
substantially reducing the potential that
household hazardous wastes will be
accepted. Frequent training of pickup
drivers is also common to ensure that
nonrecyclable materials such as paints,
fluorescent tubes, used oil, and
pesticides and are not accepted. EPA
believes that separate pollution
prevention plan and monitoring
requirements are appropriate for this
sub-group and has revised the final
permit to reflect this.
EPA believes that municipal recycling
facilities (MRFs) that receive only
source-separated recyclable materials
(e.g., glass, plastic, aluminum cans,
paper, newspaper, tin cans, magazines,
and alike) should not have the same
monitoring requirements as those for
scrap recycling facilities. MRFs are
characterized as facilities that receive
recyclable materials primarily from
commercial and residential sources. In
addition, MRF processing operations
frequently occur indoors. EPA
conducted a subsector review of
sampling data submitted by four groups.
These groups consist of facilities which
receive source-separated recyclable
wastes. EPA's analysis of median
concentration data for pollutants
sampled indicated that all pollutants
were below the benchmarks.
EPA believes that given the nature of
operations at these facilities and the
implementation of BMPs, that these
facilities should not be required to
conduct storm water monitoring. EPA is
also establishing separate pollution
prevention plan requirements for
recycling facilities that receive only
source-separated, recyclable materials.
Steam Electric Generating Facilities
Several comments were received
concerning the EPA's proposed
monitoring regimen on which sector ;
monitoring frequencies were based
upon "benchmark" concentrations of
pollutants, a representation of
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51101
monitoring data from NURP and the
Gold Book.
After reviewing the comments and
data, EPA revised the "benchmark"
values and the methodology used to
determine which industries will
monitor for their storm water. Based
upon the revised methodology, steam
electric facilities are required to conduct
chemical monitoring of their storm
water discharges for total recoverable
iron. Monitoring discharges from coal
piles is still required if coal is utilized
or stored at the facility in conformance
with 40 CFR 423.
Several commenters complained that
there would be exorbitant additional
costs involved with the "benchmark"
monitoring requirements and/or BMP's
required by and peculiar to the Multi-
Sector permit. Several commenters
requested justification for those
requirements which they felt were
unjustified and more stringent than the
requirements of the general baseline
permit.
Since the Multi-Sector permit was
created as a result of the group
application process using data supplied
by and specific to each industry sector,
the permit requirements have been
tailored to the unique needs of each
industry sector. For this reason, EPA
believes that industries that obtain
coverage under the Multi-Sector permit
and comply with the terms of that
permit will reduce pollutant discharges
to waters of the United States to a
greater degree than would occur under
coverage of the baseline general permit.
However, coverage is available to those
industries under either permit upon the
submission of the appropriate notice of
intent (NOI). All the BMPs mentioned in
the Multi-Sector permit are suggestions
utilized to illustrate the intent of the
permit and illustrate a method by which
compliance can be achieved. Other
equivalent BMPs maybe implemented,
at the discretion of the permittee, to
attain those illustrated results. EPA
realizes that the permittee is most
familiar with the particular industrial
site and is best qualified to determine
which BMPs are equal to, or perhaps
more effective in satisfying the intent of
the permit. EPA encourages the use of
these other BMPs or practices which
attain or improve upon the Multi-Sector
permit goals, especially those which are
easier or less costly to implement.
Sector O of the Multi-Sector permit
focuses attention on both coal pile
runoff and any other storm water
discharge associated with industrial
activity at steam electric power
generating facilities. Coal pile runoff
has, however, been identified as a
particularly serious threat to water
quality and therefore the EPA has
developed effluent guidelines (40 CFR
423) to regulate its discharge. The
requirements for coal pile runoff from
the guidelines have been incorporated
into the multi-sector general permit.
Storm water discharges from wood-
burning power plants are not covered
under the Multi-Sector permit since no
applications were received from wood-
burning power plants under the group
permit application process. EPA
developed the Multi-Sector permit in
response to only those facilities who
applied for group permit coverage.
Wood-burning plants may obtain
coverage under the baseline general
permit or an individual storm water
permit.
For the sake of consistency with the
other sectors in the multi-sector permit
and to eliminate the duplication of
regulation, EPA has removed reference
to the requirements for permit coverage
for industrial activities associated with
construction. It must be noted, however,
that a permit is required for storm water
discharges from construction activities
which additively disturb five or more
acres, and such coverage is available
through EPA's general permit for storm
water discharges associated with
construction activity.
Several comments'dealt with the topic
of monthly visual examination and
documentation of storm water
discharges as being burdensome,
unjustified, and potentially impossible
to comply with when dealing with the
random occurrences of storm events and
the numbers of outfalls to be sampled.
EPA has relaxed the required frequency
of visual examinations from a monthly
to a quarterly basis. EPA has included
the requirement for only limited
analytical monitoring of storm water
discharges from Sector O facilities based
upon "benchmark" values. Annual
compliance monitoring/reporting of
runoff from coal storage areas/piles is
also required as specified in 40 CFR
423. To aid in the reduction of resources
necessary to comply with the visual
: sampling requirements for facilities
with several outfalls, the permittee, if
practicable, can combine and/or
eliminate outfalls, apply the
, representative discharge provisions of
I VI.C.4. of the permit or utilize automatic
samplers.
Motor Freight, Rail, and Passenger
Transportation, Petroleum Bulk Oil
, Stations, and the U.S. Postal Service
There were a number of comments
'. received regarding the requirements for
the sector P, the ground transportation
sector. The comments focused on
grouping of facility types in the sector,
eligibility under the sector, and the
storm water pollution prevention plan
requirements.
Several commenters, including
members of the passenger bus, tank
truck carrier, motor carrier, and
warehouse industries, were concerned
with the grouping of a range of
transportation facilities in the ground
transportation sector. Concern was
particularly expressed regarding the
"long-term implications" of this
"umbrella" permitting practice. In
response, EPA has retained the original
grouping of transportation facilities as
presented in the proposed permit.
Although the gross operations of these
different types of facilities may differ,
EPA found that the vehicle maintenance
and repair activities are remarkably
similar and pose equally similar threats
to storm water pollution. Further, EPA
found that comparable best management
practices were used at these varying
facilities. In terms of the long term effect
of this grouping, EPA assures the
commenters any additional permitting
efforts will revisit the appropriateness of
sector groupings based upon
information as it becomes available.
One commenter expressed particular
concern about the inclusion of
warehouses in the land transportation
sector. EPA grouped regulated
warehouse facilities in the land
transportation sector because, when
such facilities have exposure to storm
water, it is often due to exposure of
vehicle maintenance shops and
equipment cleaning operations. EPA
reminds the commenter that facilities
are required to meet the permit
conditions for all industrial activities
(and hence sectors) which they may
have onsite.
Several commenters, including
members of the passenger bus, tank
truck carrier, and warehouse industries,
requested that EPA clarify its position
regarding vehicle wash waters and its
definition of "commingling" of storm
water and vehicle wash waters. Vehicle
wash waters, water discharged from a
vehicle washing activity, are required to
be permitted separately from the storm
water discharges from such areas.
Although most facilities design such
wash areas to drain most, if not all,
wash waters during the washing
activity, some facilities may have
stagnant pools of washwater that do not
drain or discharge. If a storm event
results in the discharge of both the
remaining wash waters and storm water,
the storm water permit would only
cover the storm water discharges and
not commingled wastes. Similarly, if
vehicle washing activities are performed
during a storm event or immediately
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preceding an event, the storm water
permit only covers the portion of the
discharge originating from the storm
event. If, however, the washing activity
is performed prior to a storm event and
the washwater that is not immediately
discharged is allowed to evaporate prior
to being discharged with storm water,
the storm water discharge that is now
contaminated with the dry residue from
the washwater is entirely covered by the
storm water permit. Such residues
would be expected to be specifically
addressed in the facility's storm water
pollution prevention plan.
Another commenter requested that
vehicle wash waters from land-based
transportation facilities be allowed to be
discharged under this permit provided
appropriate pollution prevention
measures have been implemented to
ensure that such discharges do not
contain a visible sheen, detergents, or
solids as was proposed for water-based
transportation facilities. EPA disagrees
that such discharges should be allowed.
In the final permit, vehicle washwaters
are not allowed from water-based
transportation facilities. Such
discharges must be permitted
separately.
Many commenters, including
members of the passenger bus, tank
truck carrier, petroleum marketers,
motor carrier, and warehouse industries,
requested that employee training only
be required to be conducted on an
annual basis. In response, EPA has
reduced the required frequency of
employeetraining to once per calendar
year. However, EPA would like to
emphasize that more frequent training,
perhaps on an informal basis, is
encouraged and will most likely result
in better implementation of the storm
water pollution prevention plan.
Two commenters also expressed
concern that the training requirements
apply to all employees regardless of
their effect on storm water pollution
prevention and control. In response,
EPA would like to clarify that only
those employees that play a role in the
industrial activities at the site must be
trained. Because job descriptions differ
tremendously from site to site, EPA has
left it to the discretion of the pollution
prevention team to determine who are
the appropriate employees to be trained.
The team is cautioned to err on the side
of training too many employees rather
too few. Even if an employee is remotely
involved in an industrial operation that
may affect the quality of the storm water
discharge that employee should be
included in the employee training. To
demonstrate EPA's intention of who
should be trained it is easier to list
positions that may not require the
employee storm water training:
secretaries, administrative personnel,
and salespersons. One commenter also
listed executive staff as potentially not
requiring training. EPA would like to
emphasize that it is necessary and
helpful for executive staff to fully
understand what activities are taking
place on site to protect water quality. As
such, executive staff should be fully
considered as potential trainees along
with other employees.
Two commenters argued that the
proposed requirement to store vehicles
awaiting maintenance in designated
areas only would be more effective if the
requirement only applied to vehicles
with actual or potential fluid leaks since
it could be interpreted that all vehicles
are awaiting maintenance. EPA agrees
with the commenters and has altered
the permit language accordingly.
Several commenters felt that the
monthly inspections required in the
proposed permit were too burdensome,
particularly due to the required
documentation of such inspections. In -
response, EPA has reduced the
frequency of inspections to quarterly. It
is EPA's intention that the quarterly
inspection and the visual storm water
examination requirements be
coordinated into one comprehensive
program. By performing the two within
similar time frames, it is hoped that the
facility will gain useful insight by
comparing the results of the overall
facility inspection and the storm water
visual examination. More frequent
inspections, preferable with
documentation, are encouraged, but are
not required.
One commenter suggested providing
an alternative certification option for
facilities that eliminate exposure to
storm water runoff such that the facility
may be exempt from the quarterly visual
examinations requirements. In response,
EPA disagrees that the alternative
certification provided to other sectors
for purposes of chemical monitoring is
appropriate for quarterly visual
examinations. The quarterly visual
examinations are still useful in areas
where exposure has been "eliminated"
to ensure that exposure has not re-
occurred causing a storm water
contamination problem.
Many commenters, including
members of the passenger bus, tank
truck carrier, petroleum marketers,
motor carrier, and warehouse industries
concurred with EPA in not requiring
chemical analysis of storm water
discharges from ground transportation
facilities. As such, the commenters
strongly opposed die alternative
monitoring requirements presented in
the proposed permit. EPA has retained .
the proposed monitoring of quarterly
visual examinations only.
Most commenters supported the
quarterly visual examination
requirements. A few commenters
expressed concern about fulfilling the
requirement on large sites where
employees may be on the road a
significant amount of time and where
rainfall is sporadic. The commenters
were also concerned about sites without
a dedicated environmental staff. The
commenter suggested requiring the
visual examination on an annual basis
or only recommending the practice on a
quarterly basis. In response, EPA has
retained the quarterly visual
examination requirements as proposed
and has added a waiver of this
requirement at inactive and unstaffed
sites (see discussion of monitoring
requirements above). EPA reminds the
commenter that visual examination may
be performed by a non-technical person
who has been trained as to how to
collect the sample and what to observe.
Many commenters were concerned
with the requirement to attain the same
water quality in the storm water
discharges as an oil/water separator
when such technology operates with
such great variability. Concern was also
expressed regarding die qualifications of
facility personnel to make such an
engineering judgment. In response, EPA
has removed this reference in the final
permit due to the difficulty in
determining what water quality would
be achieved with an'oil/water separator.
EPA does however encourage permittees
to strive for the pollutant removal levels
referenced in the literature for oil/water
separators.
Water Transportation
The comments received on Sector Q,
the water transportation sector, focused
on eligibility, who is responsible for
permit compliance, and monitoring
conditions. One commenter raised
concerns that the permitting for barge
discharges (including barge storm water,
washwater, and wastewater) is too
uncertain. In response, today's permit
regulates the storm water and
washwater from the maintenance and
equipment cleaning areas for canal
barge operations (SIC code 4449) and for
barge building and repair facilities (SIC
code 3731). Today's permit, however,
does not regulate wastewaters, such as
bilge and ballast water, washwater,
sanitary wastes, and cooling water
originating from vessels. The permit
specifies that the operators of such
discharges must obtain coverage under
a separate NPDES permit if discharged
to waters of the United States or through
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a municipal separate storm sewer
system.
One commenter indicated that many
Navy activities would fall under both
VI1I.Q. Vehicle Maintenance Shops/
Equipment Cleaning Operations and
VHI.R. Ship Building and Repair and
would like to see EPA establish some
guidelines for sector applicability. In
response, the permit does specify that
when an industrial facility has
industrial activities being conducted
onsite that meet the description(s) of
industrial activities in another sector(s),
that the industrial facility must comply
with any and all applicable monitoring
and pollution prevention plan
requirements of each of those sector(s).
One commenter explained that
marine terminal and ports have a
multitude of activities undertaken by
many industrial facilities and
contractors in the common areas of the
port. This commenter wanted to know
who is responsible for obtaining permit
coverage for these common areas which
aro usually served by a common storm
sewer system. The commenter suggested
that EPA require the property owner
(port authority) to be the primary permit
holder and have each lessee or
contractor become a co-permittee. In
response, the property owner (port
authority) is responsible for permitting
the common areas of the facility, and
each lessee operating an industrial
activity is responsible for obtaining
permit coverage for the specific
operations occurring on their leased
property. In today's permit, EPA does
require that the co-permittee
arrangement be utilized at airport
facilities; however, EPA will not require
this approach at marine terminals or
ports. The industrial facilities and
contractors located at airports generally
aro similar in nature, and one pollution
prevention plan can more easily address
the issues of concern. A marine terminal
or port often has many dissimilar
activities occurring within the facility
lending itself to an approach which can
focus on each specific industrial
operation. A co-permittee approach
would be acceptable to the Agency, but
it is not required.
One commenter felt that facilities in
this sector are being forced to monitor
for parameters) that no one believed
•were of concern, were not monitored for
in Part II, and are not even handled by
the facility, specifically, the metals. In
response, EPA has revised the
monitoring requirements in the final
permit for the water transportation
sector based on the methodology
described previously. To address the
concern that some facilities would have
to monitor for pollutants not found or
suspected in their discharge, pollutant-
by-pollutant certification will eliminate
the requirement to monitor for those
pollutants not present.
Ship and Boat Building or Repairing
Yards
Comments received on the permit
requirements included in sector R, ship
and boat building or repairing yards,
focused on grouping of industrial
facilities, the benchmark values, and the
application of multiple sectors to one
facility (co-located industrial activities).
Several commenters were concerned
with the grouping of fiberglass and
aluminum boat manufacturers into one
sector. In response, EPA has evaluated
the grouping of these types of boat
manufacturers and has determined
retain these industrial activities in one
:sector. EPA does not believe this will
cause an undue burden on either
industry given the revised monitoring
requirements, which are now sub-sector
specific and the. flexibility of the
pollution prevention plan requirements.
Two commenters took issue with the
basis of the benchmark values. The
benchmarks have been revised. For a
full discussion of the revision see the
part of the fact sheet that address the
benchmark values directly.
One commenter was concerned with
the burden of complying with all
applicable sectors of the permit under
the co-located industrial activities
requirement. EPA has retained this
provision in the final permit to ensure
comprehensive environmental
protection arid does not believe this
requirement is overly burdensome. This
provision does not require that a
separate and distinct pollution
prevention plan be developed based on
each applicable sector, but requires
consideration of other BMPs from other
sectors, and incorporation of those
applicable BMPs into the pollution
prevention plan for the facility. Where
monitoring requirements from two or
•more sectors overlap, only one sample
and analysis needs to be conducted (see
discussion of co-located industrial
activities above).
Air Transportation
Comments on Sector S, Air
: Transportation, primarily focused on
obligations and responsibilities of the
airport authority and its tenants. The
storm water permit application
^regulations at 40 CFR 122.26(b)(14)
define the storm water discharges
associated with industrial activity in
terms of eleven categories of industrial
activities. Category (viii) includes
transportation facilities classified as
Standard Industrial Classification (SIC)
code 45 that have vehicle and
equipment maintenance (including
vehicle and equipment rehabilitation,
mechanical repairs, painting, fueling,
and lubrication), equipment cleaning
operations, or airport deicing operations
(including aircraft and runway deicing).
Review of the Standard Industrial
Classification Manual, published in
1987 by the Office of Management and
Budget, clarifies that SIC code 45, which
addresses air transportation facilities, is
not limited to the operators of airports,
air terminals and flying fields. In fact,
SIC code 45 also includes
establishments primarily engaged in
providing foreign and domestic air
transportation, air courier services, and
other fixed base operators who are
primarily engaged in servicing,
repairing, or maintaining airports and/or
aircraft and these activities will also
need to be permitted if they have point
source discharges of storm water from
regulated activities defined under 40
CFR 122.26(b)(14)(viii).
Tenants at the airport, other than the
airport authority itself, who conduct
industrial operations at the airport
facility described at 40 CFR
122.26(b)(14)(viii), and establishments
who conduct regulated industrial
activities described elsewhere under 40
CFR 122.26(b)(14), and whose
operations result in storm water point
source discharges are also required to
apply for coverage under an NPDES
storm water permit for their areas of
operation. EPA recognizes that airports
and their tenants enter into contractual
relationships, therefore, these types of
tenant facilities could be co-permittees
with the airport operator if both parties
chose, or could be permitted separately,
and thereby be responsible individually
for compliance with the permit and
implementation of a pollution
prevention plan. EPA encourages co-
permittee status because this approach
to permit coverage promotes better
coordination of the pollution prevention
plan measures and possibly better
control of the storm water discharges.
However, as the owner/operator of an
airport facility and the storm sewer
system, airport authorities are
ultimately responsible for storm water
discharges from their storm sewer
system to waters of the U.S. or to a
municipal separate storm sewer system.
Other tenants at the airport, such as
car rental and food preparation
establishments, which are not defined
separately as storm water discharges
associated with industrial activity Under
40 CFR 122.26(b)(14) must also be
addressed. These tenants may chose to
be co-permittees with the airport
operator, or private agreements may be
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worked out with the airport authority
through contractual, or other means, to
ensure that the storm water pollution
prevention plan of the airport
adequately addresses storm water
contamination from these types of
tenants. Regardless, airport authorities
are required to identify the location and
activities of all airport tenants as apart
of the development of the storm water
pollution prevention plan for the
airport. EPA would like to clarify,
however, that airport authorities are not
responsible for ensuring compliance
with the conditions of today's permit for
storm water discharges associated with
industrial activities regulated under 40
CFR 122.26(b)(14) conducted by tenants
of the airport that apply separately for
a storm water permit and which are not
co-permittees with the airport authority.
Because the applicability of Part XI.S.
of today's permit extends to storm water
discharges from airport facilities, and in
light of the fact that industrial activities
conducted by the airport authorities and
tenants of the airport are similar in
nature, the eligibility section of Part
XI.S. has been broadened to allow
coverage for both airport authorities and
tenants of an airport facility who
conduct industrial activities as
described in Part XI.S.l.
Treatments Works
Comments on Sector T, Domestic
Wastewater Treatment Plants focused
on required elements of the storm water
pollution prevention plan and
monitoring requirements. One
commenter raised an issue regarding the
requirement of providing a certification
that the discharge contains nothing but
storm water is unrealistic and can
interfere with plant operations. It makes
no allowances for temporary discharges
into a storm water system.
In response, the Agency wants to
clarify that some non-storm water
discharges may be authorized by the
permit. These non-storm water
discharges include: discharges from fire
fighting activities, fire hydrant flushing;
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; foundation or footing
drains where flows are not
contaminated with process materials
such as solvents. The Agency notes that
certification that the discharge contains
nothing but storm water, except as
mentioned above, is consistent with
similar requirements for NPDES general
permit requirements for storm water
discharges associated with industrial
activity published September 9,1992.
Many commenters have concerns
about the excessive training required in
the permit for treatment works
employees. Semiannual training for
employees will result in an excessive .
amount of employee "downtime,"
thereby decreasing the effectiveness of
current employees to control the POTW
process and may result in the need for
increase staff. It is therefore very
important that the training program be
reasonable. An alternative would be to
have employee training conducted once
per year instead of every 6 months. In .
response, EPA agrees and the permit has
been modified to require employee
training only annually (at least once per
calendar year).
EPA received many comments on the
requirements of monthly inspections
plus annual comprehensive site
compliance evaluation. Commenters
state that it is likely that the same
person who conducts the monthly
inspections will also conduct the annual
comprehensive site compliance
evaluation. If the facility successfully
passes the monthly inspections, then
there is no reason to believe that it
would not pass a yearly inspection. In
response, EPA wants to clarify that the
monthly inspections cover specific
designated equipment and areas of the
facility where there is a high potential
for storm water contamination. The
areas to be included in all inspections
include: access roads/rail lines,
equipment storage and maintenance
areas (both indoor and outdoor areas);
fueling; material handling areas;
residuals treatment, storage, and
disposal areas; and waste water
treatment areas. A monthly inspection
can be done easily and routinely,
possibly with the guidance of an
inspection checklist. Whereas the
comprehensive site evaluation is a full
site evaluation being conducted to
assess the pollution prevention plan and
to determine the overall level of
compliance by the permittee, and if
necessary incorporation of changes or
modifications to the pollution
prevention plan needed as a result of
the inspection.
Several commenters indicated that
requiring an inventory of materials, an
investigation of past practices, and a list
of significant spills for the previous 3
years is an inventory accumulation of
history and only generates paperwork.
.Commenters suggested that a pollution
prevention plan should evaluate current
situation and determine potential
problems that may result. In response,
the Agency believes that past activities
may have resulted in pollutant sources
for present storm water discharges, and
that it is appropriate to address
materials that have been exposed to
storm water within the past 3 years.
EPA believes that the 3-year period is
reasonable and does not impose
excessive burdens for collecting
information on permittees. The Agency
notes that the 3-year period is consistent
with similar requirements for individual
applications for storm water discharges
associated with industrial activity at 40
CFR 122.26(c)(l)(i) (B) and (D) and
general NPDES records retention
requirements under 40 CFR 122.21(p)
and 40 CFR 112.7(d)(8).
A number of commenters strongly
supported the use of the annual
monitoring of the alternative monitoring
constituents requirements. Other
commenters questioned the accuracy of
the statistical analysis performed for the
proposed permit. In response, EPA has
revised the methodology for
determining which facilities will be
required to perform monitoring as
described elsewhere in the fact sheet.
Under this new methodology, domestic
wastewater treatment plants are not
required to perform monitoring under
this permit.
Food and Kindred Products
The greatest number of commenters
on Sector U, Food and Kindred
Products, are concerned with the
monitoring requirements described in
the proposed permit. The major
objections to monitoring result from the
consolidation of the entire food and
tobacco industry into one sector which
commenters believe compromises the
group process since identical
monitoring requirements are
inappropriate for an industry with such
a wide range in process operations.
Commenters argue that several
subsectors conduct most activities
indoors, allowing little opportunity for
storm water contamination, while other
subsectors perform significant
operations outdoors. Commenters also
point out that EPA described in the
proposed rule several factors that
influence the impact of storm water on
water quality (e.g., geographic location,
hydrogeology, etc.) yet these factors
were not considered when proposing
monitoring requirements for the
industry.
Commenters also argued that basing
the monitoring requirements On such a
diminutive set of sampling data is not
valid given that data for only four
pollutants was collected in sufficient
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51105
quantities to be analyzed. Commenters
felt that insufficient samples were
collected for four other pollutants.
Commenters indicated that the
inclusion of metals in the monitoring
requirements for all sector members,
when so little data was submitted for
those pollutants, is not statistically
valid. Commenters also took exception
to EPA's decision to aggregate data for
the food processing industry because
lack of subsector-spccific data does not
substantiate monitoring requirements
for these pollutants. Commenters
believe that monitoring data that does
exist for the sector shows no difference
between industrial and residential/
commercial areas. Also, Commenters
suggested that storm water data has
shown to be very inconsistent and
unrepresentative of the actual impact of
discharges on receiving waters. Another
common issues raised by the
Commenters was that the benchmark
concentrations are unobtainable even
with good BMPs. Commenters believe
theselevels are comparable to tertiary
treatment standards for a full treatment
system. Also, these cutoff levels appear
to presage future permit limits for the
industry which EPA has not
demonstrated are necessary.
Several commenters believed that, if
monitoring had to be conducted, the
alternative monitoring is more
appropriate since it more accurately
reflects wastes from food and kindred
products facilities. However, they
suggested there should be an escape
clause as with the proposed monitoring
allowing facilities to only monitor for
those pollutants expected to be present.
Commenters felt that monitoring
requirements will divert limited funds
away from pollution prevention
techniques needed to reduce pollutants
in storm water as monitoring data show
a correlation between enhanced
housekeeping and preventative
maintenance and reduced pollutant
concentrations. Commenters concluded
that combining visual examinations and
a comprehensive site inspection is a
much more appropriate way to evaluate
storm water than monitoring.
Commenters also stated that EPA
should give weight to the facilities who
met Federal requirements in the
application process and enforce against
the thousands of facilities that ignored
their obligations under the law rather
than spending money on additional
paperwork burdens. They suggested that
sample results from the group
applications should be credited towards
the alternative monitoring requirements.
Conversely, others commented that EPA
should not provide "credit" to these
groups, rather, EPA should recognize
the difficulty facilities experience in
collecting adequate storm water samples
from acceptable rainfall events,
especially small business facilities and
facilities in arid climates.
Realistically, commenters stated, very
few facilities will be able to obtain all
four quarterly samples and almost none
will be able to collect all monthly
samples for visual observation without
constructing automatic sampling
facilities. They pointed out that EPA has
previously indicated manual sampling
was acceptable and automatic sampling
would not be required.
Additional concerns were raised with
regard to specific pollutants
recommended for analysis in the
proposed monitoring. For example
commenters pointed out that ammonia
data are not presented in the proposed
permit fact sheet but the proposed
permit states that ammonia exceeds
benchmark values. Commenters stated
that absent data to substantiate, EPA
should not require food and kindred
products facilities to monitor for
ammonia. Also, EPA should clarify its
intent in requiring ammonia monitoring.
Specifically, the proposed permit does
not state whether EPA is concerned
with the nitrogen load (i.e., TKN) on
receiving waters, making ammonia
monitoring irrelevant, or with the toxic
effects of ammonia, making TKN
monitoring unnecessary.
Commenters also argued that EPA
does not discuss iron and zinc as
pollutants of concern for the industry,
raising question as to why food facilities
have to sample for these parameters.
EPA should work with the few facilities
or subsectors of the industry that are
found to have metals in their discharge
rather than requiring all food and
kindred products facilities to monitor
these pollutants. Also, the proposed
cutoff for iron (0.3 mg/1) is overly
protective. The gold book acute aquatic
life freshwater criteria is 1.0 mg/1.
Commenters also pointed out that fecal
coliform data would be superfluous to
BOD and TSS data for the industry and
testing is much more difficult.
Based on the comments on the
proposed permit, EPA has eliminated
the alternative monitoring requirements
and re-evaluated the proposed
monitoring requirements for the sector
through conducting a subsector analysis
for the industry. The sub-sector analysis
identified only two of the nine
subsectors as having pollutants in storm
water at concentrations above the
revised benchmark values. As a result,
most facilities in the food and kindred
products sector no longer are required to
collect and chemically analyze storm
water samples. Only two sub-sectors
will monitor: Grain Mill Products
manufacturing (SIC code group 204)
which will monitor for TSS and Fats
and Oils manufacturing (SIC code group
207) which will monitor for TSS, BOD,
COD and nitrate plus nitrite nitrogen.
Commenters in this sector also felt
that additional requirements for
pesticide storage were unnecessary.
They contend that pesticide storage and
use are currently regulated under
FIFRA, State pesticide laws and the
FDA. Further, anyone applying
pesticides must be a certified applicator,
trained in the safe and prudent use, as
well as proper storage, of these
products.
In response, EPA disagrees with the
commenters statement that current
pesticide storage and use regulations are
adequate to prevent storm water
contamination. Criteria for evaluating
pesticide use and storage and criteria for
evaluating storm water contamination
from pesticide use and storage are not
the same. With the increased use of
pesticides at food and kindred products
facilities compared to facilities in other
sectors, EPA believes that the
application and storage of these
pesticides with storm water in mind is
crucial to an effective storm water
pollution prevention plan in this sector.
Textile Mill Products
Comments on Sector V, Textile Mill
Products, focused primarily on the
pollution prevention plan requirements
and monitoring requirements. One
commenter supported the permit
requirement for visual examinations by
indicating that visual examinations
accompanied by facility-specific BMPs
should most adequately address the
minimal potential for controlling the
contamination of storm water discharges
at textile mill facilities. However,
another commenter questions the
usefulness of visual examinations,
stating that EPA provides no
justifications for such examinations.
In response, periodic inspections of
controls are a requirement of the
pollution prevention plan, and visual
storm water runoff examinations and
inspections should be treated as two
distinct requirements. Visual
examinations represent a minimum
requirement in the assessment of the
storm water discharge. The relative
economic impact of the visual
examination of the storm water should
be minimal and, in conjunction with
site specific BMPs can be used to
evaluate the performance and
effectiveness of best management
practices employed at a particular
facility. Visual examinations have been
reduced to a quarterly frequency in the
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final permit. For more information on
visual examinations see the monitoring
section of this summary.
In response to the Agency's request
for comments regarding proposed
alternative monitoring requirements,
one commenter contends that it does
not believe that the annual or
semiannual monitoring and reporting
requirements put forth by the Agency
are necessary or appropriate. In
assessing this comment, it should again
be noted that the Agency had only
requested comments on the possibility
of imposing the proposed alternative
monitoring requirements on textile
facilities.
Today's permit does not include the
proposed alternative monitoring
requirements. Based on the revised
methodology for determining
monitoring requirements at the industry
sub-sector level, the textile industry is
no longer required to conduct chemical
monitoring for any specific pollutant.
Due to the nature of the industry, and
the fact that most operations at such
facilities are conducted indoors, the
contact of storm water with most
pollutants typical of this industry are
minimized or eliminated. The statistical
analysis performed by the Agency using
the Part 2 sampling data when
conducted at the sub-sector level
supports this conclusion.
Wood and Metal Furniture and Fixtures
Only six comments were submitted
addressing the wood and metal
furniture and fixtures manufacturing
industry. Each of the comments
supported the proposed monitoring
conditions, which only requires
quarterly visual examinations of storm
water discharges. In today's final
permit, this requirement remains
unchanged. Analytical monitoring of
storm water discharges will not be
necessary from wood and metal
furniture and fixtures manufacturing
facilities, unless there are co-located
activities, such as coal piles, refuse
piles, landfills etc., which may be
required to monitor under provisions
elsewhere in the permit.
Rubber, Plastic, and Miscellaneous
Products
The majority of the comments
received on Sector Y, Rubber, Plastic
Products, and miscellaneous
manufacturing industries, pertained to
the proposed monitoring requirements
and the inspection and recordkeeping
requirements of the permit. In addition,
comments were received regarding
EPA's description of the pollutant
sources and the assessment of the
monitoring results submitted with the
group applications. The Rubber
Manufacturers Association (RMA)
supported the specific BMP
requirements which were proposed to
control zinc in storm water discharges
from rubber manufacturing facilities.
Concern was also expressed regarding
the consolidation of group applications
into the 29 industrial sectors. The
proposed permit only required visual
examinations of storm water samples for
facilities in this sector, rather than
, chemical testing which was proposed
for 17 of the 29 sectors. While
commenters supported the absence of
analytical testing requirements, they
also argued that the frequency
(quarterly) for the visual examinations
was excessive. Commenters also
opposed the proposed alternate
monitoring requirements which would
have required analytical testing for
certain parameters.
In the final permit, EPA modified the
methodology for determining the types
of facilities which are required to
conduct analytical testing of storm
water. The revised methodology is
discussed in section VI.E of the final
fact sheet and also in the monitoring
portion of this summary. EPA believes
that the sub-sector methodology better
targets the monitoring requirements
toward the specific types of facilities
within the 29 sectors which pose the
greatest risk to the storm water, quality.
Based on the sub-sector methodology,
the final permit requires that
manufacturers of rubber products
conduct analytical testing of storm
water samples for zinc. This pollutant
was shown to be a pollutant of concern
from the monitoring data which were
submitted by rubber products
manufacturers (i.e., the median
concentration was above the EPA
benchmark concentration of 0.065 mg/1
for zinc). Testing of grab samples is
required quarterly during the second
and fourth years of the permit. However,
permittees may omit the testing during
the fourth year if the second year results
are below the benchmark concentration.
In addition, the final permit provides for
"alternate certification" in lieu of
monitoring (see section VI.E.3 of the fact
sheet) on a pollutant-by-pollutant basis
as well as on an outfall-by-outfall basis.
As such, analytical testing for zinc
would not be required for facilities
which do not use zinc, or for facilities
where industrial activities are not
exposed to storm water.
The final permit only requires
analytical testing of storm water
samples for rubber products
manufacturers. However, the final
permit does retain the requirement for a'
quarterly visual examination for all
facilities (including rubber
manufacturers) in this sector. This
requirement is also standard for all
sectors of the permit. EPA believes that
the quarterly frequency appropriately
balances the costs associated with the
visual examinations with the need to
periodically assess any pollutant
loadings in the discharges and the
effectiveness of the storm water
pollution prevention plan.
A commenter in this sector also
expressed concern that analytical testing
for a number of parameters in storm
water had been a requirement of EPA's
baseline general permit of September 9,
1992 for facilities in major SIC group 30.
EPA recognizes that there are
differences in the requirements between
today's multi-sector general permit and
the previous baseline general permit.
These differences are the result of the
additional information concerning these
facilities obtained during the group
application process. However, concerns
regarding the requirements of the
baseline general permit are outside the
scope of the present permitting action.
The proposed permit would have'
required a comprehensive site
compliance evaluation at "appropriate"
intervals, but not less than once per
year. A commenter argued that this was
too vague and should be clarified. In
response, the final permit now simply
requires a comprehensive^site
compliance evaluation at a minimum of
once per year for all facilities covered by
the permit.
The commenter was also unclear
regarding the "qualified" personnel who
are required to conduct the
comprehensive site compliance
evaluations. In discussing the
requirements for a comprehensive site
compliance evaluation, section VI.C.4 of
the fact sheet notes that inspectors
should be members of the pollution
prevention team. Such individuals
should be familiar with the potential
pollutant sources at the facility, and the
control measures developed for the
storm water pollution prevention plan
to control pollutant discharges. EPA
believes that facilities should be able to
identify appropriate individuals for the
necessary site evaluations. The
commenter also requested that the
permit provide that the facility
inspections (required by Part XI.Y.S.d of
the permit) would be conducted at
appropriate intervals as stated in the
storm water pollution prevention plan.
Such a requirement was included in the
proposed permit and has been retained
in the final permit. The commenter
objected to the requirement that
facilities maintain records of
inspections and visual examinations.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /Notices
51107
EPA disagrees with the commenter on
this issue and believes that such records
are necessary for EPA to verity
compliance with the requirements of the
permit. Therefore, the records retention
requirements were retained in final
permit basically as proposed. One
relatively minor change was made
which standardizes the records
retention period for all sectors to 3
years, which is the minimum required
by NPDES regulations at 40 CFR
122.42(j). Additional information
concerning issues associated with
inspections and recordkeeping can be
found in the reporting and record
keeping portion of this summary.
Leather Tanning
In response to comments that the
leather tanning industry was required to
monitor in error and that manganese
and aluminum should not be included
in the list of monitoring parameters, the
final multi-sector permit does not
require leather tanning facilities to
conduct chemical monitoring. However,
the industry must still perform visual
examinations. More discussion of the
revised monitoring requirements under
today's final permit can be found in the
monitoring section of this summary.
In response to a comment that EPA
should simply adopt the model permit
and pollution prevention plan
submitted by one industry organization,
EPA has determined that the proposed
leather tanning permit and pollution
prevention plan with BMPs which was
published in the Federal Register on
November 19,1993, is best suited to
control storm water discharges from this
industry.
In response to the comment that
facilities submitted chromium data
because they were required to (as a
categorical pollutant), EPA clarifies that
chromium is limited in an effluent
guideline for leather tanning process
wastewater. The industry was therefore
required to submit monitoring data for
chromium. The leather industry was
also required to submit monitoring data
for "those pollutants that they knew or
had reason to believe were present."
These pollutants were shown in tables
which listed conventional and
nonconventional pollutants, toxic
pollutants and hazardous pollutants.
These tables were included in the
permit application Form 2—F.
Fabricated Metal Products Industry
Many commenters stated that the
fabricated metal industry should be
further divided into dry and wet
fabricating industries. Most explained
that the processes and practices vary
widely between these two types of
fabricating industries. In particular,
many pollutants vary between these
groups due to the fact that each of these
industries require very different
chemicals in their processes. The main
concern expressed by commenters was
that monitoring for the entire group was
based on a wide range of chemicals for
both industrial processes that may not
be present at a facility if only one
process is conducted at the facility.
, EPA agrees that the industries covered
under this section of the permit should
be re-evaluated to examine more
carefully inherent differences between
subgroups in the industry. As a result,
today's rule has identified industry
subgroups using the three and four-digit
SIC classification for the purposes of
determining which industries will
conduct monitoring in this sector.
Industry subgroups will monitor for
specific pollutants where the median
value exceeds the revised benchmark
levels. EPA has also expanded the
.flexibility of the monitoring requirement
by allowing facilities to certify on a
pollutant-by-pollutant basis to no
exposure to storm water in lieu of
monitoring for that chemical. This can
result in some facilities not monitoring
and others limiting the number of
pollutants required to be .monitored.
Several commenters requested that
the fabricated metal industry be
required to conduct visual examinations
and annual site compliance evaluations
only. EPA does not agree. Chemical
monitoring is still necessary, given the
results of the data evaluation conducted
on the subsectors. Visual examinations
in combination with chemical
.monitoring and site compliance
evaluations Will help assess the
presence of pollutants of concern in the
discharges and the effectiveness of the
pollution prevention plan at controlling
these.
A commenter requested that EPA
clarify whether all of SIC code group 34
is covered in Sector 29, such as the
forgings industry. They pointed out a
discrepancy between the preamble
language and the permit language
relating to coverage. In response, EPA
inadvertently left out certain SIC code
group 34 industries in the proposed
permit. The fact sheet contained the
entire list of industries covered under
this section. EPA has clarified the
permit language to correct this
omission.
; Several commenters suggested that
'EPA differentiate between dry
fabricators and others by adding -a.
definition that placed a qualifier "Metal
Treatment Only" to the terms and
conditions that apply only to metal
treatment operations. Commenters also
suggested the permit should require dry
fabricators to certify to no metal
treatment operations or other operations
likely to result in discharges of the
pollutants of concern.
EPA has not placed a qualifier on the
terms and conditions of the permit.
However, using the revised analysis to
determine monitoring, addresses some
of the concerns about the grouping of
sectors. Also, determining site-specific
BMPs and certifying, on a pollutant-by-
pollutant basis to no exposure to storm
water will add more flexibility in
determining monitoring requirements.
A commenter requested that EPA
expand the definition of fabricated
metal industries in the permit language.
EPA has not expanded the definition of
fabricated metal industries other than
including the other industries identified
in the proposed fact sheet that were
inadvertently left out of the permit
language. Other industries that could be
related to this sector are covered under
the Primary Metals Industry section of
the permit. EPA believes that it has
listed as eligible for coverage, all
industries that participated in the group
application process.
Commenters stated that the list of
options for controlling pollutants can be
expensive and uneconomical. Many
thought that the BMPs may later become
mandatory and do not allow for
alternative measures to control
pollutants at a given site.
To clarify, EPA has only provided a
list of potential BMPs to be considered
by each facility operator when preparing
a pollution prevention plan. This list is
neither totally inclusive nor mandatory.
Permittees are free to determine the
most economical and effective BMPs
specific for a given facility and activity.
Commenters felt that most fabricators
do not have process wastewater
discharges. Because of this, they
requested a waiver on requiring proof of
no commingling of process waste water
with storm water. Today's permit does
not change this requirement. Some
fabricators employ acid baths, wash
waters and other process wastewater
related activities. Certification of no
commingling remains an important part
of the permit requirements to be
included with the storm water pollution
prevention plan certification to ensure
that storm water discharges are not
contaminated by these discharges.
A commenter pointed out that the
description of the materials used at
facilities in this sector should have
noted that many of these materials are
not necessarily used at all types of
facilities within the sector. The
commenter was'apparently concerned
that this description could erroneously
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51108
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
suggest that the runoff from certain
types of facilities in the sector could be
contaminated with pollutants which are
not used at all facilities. In response,
EPA has modified the final fact sheet to
clarify that the list of materials is a
cumulative list gathered from all the
types of facilities in the sector, and that
individual facilities may not use all
materials which are listed.
A commenter also disagreed with
EPA's assessment in the draft fact sheet
for this sector that the monitoring
results which were submitted with the
group applications may not be inclusive
of all the pollutants which could be
present in the runoff. In response, EPA
has deleted the discussion in question
from the final fact sheet.
Transportation Equipment, and
Industrial or Commercial Machinery
One commenter was concerned with
the grouping of facilities in Sector AB.
The commenter felt that it is
inappropriate to regulate commercial
machine manufacturing facilities with
other miscellaneous machinery
manufacturing facilities. In response,
EPA has retained the proposed grouping
of the transportation equipment,
industrial, or commercial machinery
manufacturing sector. Although the
specific processes that occur indoors
and the final products produced will
vary at the different facilities, the group
application data indicated that the
industrial activities and significant
materials that may be exposed to storm
water are similar. In addition, today's
final permit includes flexible
requirements for this sector which allow
operators to implement controls based ,
upon site-specific activities and
materials.
The same commenter also expressed
concern over the use of such sector
groupings in the future. In response,
EPA is making use of these industrial
groupings only for the development of
this storm water general permit. Future
uses of these industrial groupings will
be reevaluated by EPA based upon all
available information at the time and
based upon the intended usage.
Electronic and Electrical Equipment,
Photographic and Optical Goods
EPA received a total of 6 comments
on the multi-sector permit from
facilities in sector AC, facilities which
manufacture electronic and electrical
equipment and components,
photographic and optical goods.
Comments addressed the proposed
monitoring requirements and the
proposed requirements for the storm
water pollution prevention plan. The
proposed permit only required visual
examinations of storm water samples for
facilities in sector AC, rather than
analytical testing which was proposed
for certain other sectors. Commenters
supported these proposed monitoring
requirements and opposed the proposed
alternate monitoring requirements
which would have required analytical
testing for certain parameters. Like the
proposed permit, the final permit does
not require analytical testing of storm
water samples for facilities in sector AC.
A more detailed discussion of EPA's
responses to the monitoring issues
overall is found in the portion of the
response to comments which addresses
monitoring. The proposed permit
required that facilities in sector AC
develop and implement a storm water
pollution prevention plan and did not
include any industry-specific numeric
effluent limits. Commenters supported
these provisions and the final permit
has not been changed in this regard.
Authorization to Discharge Under the
National Pollution 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.E.3. of this storm
water multi-sector general permit,
operators of point source discharges of
storm water associated with industrial
activity that discharge into waters of the
United States, represented by the
industry sectors identified in Part XI. of
this permit, are authorized to discharge
in the areas of coverage listed below in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
from the industrial activities covered
under this permit who intend to be
authorized by this permit must submit
a Notice of Intent (NOI) in accordance
with Part II.B. of this permit. Operators
of storm water discharges associated
with industrial activity who fail to
submit an NOI in accordance with Part
II.B. of this permit are not authorized
under this general multi-sector permit.
This permit shall become effective on
October 1,1995, and shall expire at
midnight on October 1, 2000.
Region I
Signed this 28th day of August, 1995.
David Fierra,
Water Management Division Director.
Areas of coverage
Connecticut Federal Indian
Reservations.
Maine
Federal Indian Reserva-
tions.
Permit No.
CTR05*##F
MER05*###
MER05*##F
Areas of coverage
Massachusetts
Federal Indian Reserva-
tions.
New Hampshire
Federal Indian Reserva-
tions.
Rhode Island Federal In-
dian Reservations.
Vermont Federal Indian
Reservations.
Vermont Federal Facilities .
Permit No.
MAR05*###
MAR05*##F
NHR05*###
NHR05*##F
RIR05*##F
VTR05*##F
VTR05*##F
Region H
Signed this 16th day of August, 1995.
Richard L. Caspe,
Water Management Division Director.
Areas of coverage
Puerto Rico
Federal Facilities
Permit No.
PRR05*###
PRR05*##F
Region HI
Signed this llth day of September, 1995.
Alvin R. Morris,
Water Management Division Director.
Areas of coverage
District of Columbia
Federal Facilities
Delaware Federal Facilities
Permit No.
DCR05*###
DGR05*##F
DER05*##F
Region IV
Signed this llth day of September, 1995.
Robert F. McGhee,
Acting Water Management Division Director.
Areas of coverage
Florida .
Permit No.
FLR05*###
Region VI
Signed this llth day of September, 1995.
William B. Hathaway,
Water Management Division Director.
Areas of coverage
Louisiana
Federal Indian Reserva-
tions.
New Mexico
Federal Indian Reserva-
tions (except Navajo
and Ute Mountain Res-
ervation lands).
Oklahoma
Federal Indian Reserva-
tions.
Texas
Federal Indian Reserva-
tions.
Permit No.
LAR05*###
LAR05*«F
NMR05*###
NMR05*##F
OKR05*###
OKR05*##F
TXR05*###
TXR05*##F
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51109
Region IX
Signed this 24th day of August, 1995.
Felicia Marcus,
WaterManagement Division Director.
Areas of coverage
Arizona
Federal Indian Reserva-
tions.
Federal Facilities
California:
Federal Indian Reserva-
tions.
Idaho:
Duck Valley Reservation
Nevada Federal Indian
Reservations.
New Mexico:
Navajo Reservation
Oregon:
Fort McDermitt Reserva-
tion.
Utah:
Goshute Reservation
Navajo Reservation
Johnston Atoll
Fedora) Facilities
Midway Island and Wake
Island.
Federal Facilities
Permit No.
AZR05*###
AZR05*«F
AZR05*##F
CAR05*##F
NVR05*##F
NVR05*##F
AZR05*«F
NVR05*##F
NVR05*##F
AZR05*##F
JAR05*#W
JAR05*##F
MWR05*W#
MWR05*##F
Region X
Signed this 12th day of September, 1995.
David H. Teeter,
Acting Water Management Division Director.
Areas of coverage
Alaska Federal Indian
Reservations.
Idaho
Federal Indian Reserva-
tions (except Duck Val-
ley Reservation lands).
Federal Facilities
Oregon Federal Indian Res-
ervations (except for Fort
McDermitt Reservation
lands).
Washington Federal Indian
Reservations.
Washington Federal Facili-
ties.
Permit No.
AKR05*«fF
IDR05*###
IDR05*##F
IDR05*##F
ORR05*##F
WAR05*##F
WAR05*##F
NPDES General Permit for Storm Water
Discharges From Industrial Activities Table
of Contents
L Coverage Under This Permit
A. Permit Area
B. Eligibility
1. Discharges Covered
2. Construction
3, Limitations on Coverage
4. Storm Water Not Associated With
Industrial Activity
5. Endangered Species Protection
0. National Historic Preservation Act
7. Discharges Subject to New Source
Performance Standards
C Authorization
D. Overview of the Multisector General
Permit
H. Notification Requirements
A. Deadlines for Notification
1. Existing Facility
2. New Facility
3. Oil and Gas Operations
4. New Operator
5. Late Notification
6. Part H.A.6 Facilities Previously Subject
to the Baseline General Permit
B. Contents of Notice of Intent
1. Permit
1 2. Name
3. Location
4. Federal Indian Reservations
5. Receiving Water
6. Co-permittee
i 7. Monitoring
: 8. SIC Code-.
9. Other Permits
10. Presence of Endangered Species
11. National Historic Preservation Act
Compliance
12. Eligibility Certification
13. Pollution Prevention Plan Certification
C. Where to Submit
: D. Additional Notification
III. Special Conditions
; A. Prohibition of Non-storm Water
: Discharges
, 1. Storm Water Discharges
2. Non-storm Water Discharges
B. Releases in Excess of Reportable
Quantities
1. Hazardous Substances or Oil
2. Multiple Anticipated Discharges
3. Spills
C. Co-located Industrial Activity
IV. Storm Water Pollution Prevention Plans
A. Deadlines for Plan Preparation and
Compliance
1. Existing Facilities
. 2. New Facilities
3. Oil and Gas Facilities
4. Facilities Switching From the Baseline
General Permit to This'Permit
5. Facilities Electing Multi-Sector General
Permit upon Expiration of the Baseline
General Permit
6. Measures That Require Construction
7. Extensions
B. Signature and Plan Review
It Signature/Location
2. Availability
3. Required Modifications
C. Keeping Plans Current
D. Contents of the Plan
E. Special Pollution Prevention Plan
Requirements
1. Additional Requirements for Storm
Water Discharges Associated With
Industrial Activity that Discharge Into or
Through Municipal Separate Storm
Sewer Systems Serving a Population of
100,000 or More
L 2. Additional Requirements for Storm
Water Discharges Associated With
Industrial Activity From Facilities
Subject to EPCRA Section 313
Requirements
3. Additional Requirements for Salt Storage
4. Consistency With Other Plans
V. Numeric Effluent Limitations
A. Discharges Associated With Specific
Industrial Activity
B. Coal Pile Runoff
VI. Monitoring and Reporting Requirements
A. Monitoring Requirements
1. Limitations on Monitoring Requirements
B. Reporting: Where to Submit
1. Location
2. Additional Notification
C. Special Monitoring Requirements for
Coal Pile Runoff
1. Sample Type.
2. Sampling Waiver
3. Representative Discharge
4. Alternative Certification
5. When to Submit
VII. Standard Permit Conditions
A. Duty to Comply
1. Permittee's Duty to Comply
2. Penalties for Violations of Permit
Conditions
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
1. Signature
2. Authorized Representative
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
1. Director Designation
2. Individual Permit Application
3. Individual/Alternative General Permit
Issuance
N. State/Environmental Laws
O. Proper Operation and Maintenance
P. Monitoring and Records
1. Representative Samples/Measurements
2. Retention of Records
3. Records Contents
4. Approved Monitoring Methods
Q. Inspection and Entry
R. Permit Actions
S. Bypass of Treatment Facility
1. Notice
2. Prohibition of Bypass
T. Upset Conditions
1. Affirmative Defense
2. Required Defense
3. Burden of Proof
VIII. Reopener Clause
A. Potential or Realized Impacts on Water
Quality
B. Applicable Regulations
IX. Termination of Coverage
A. Notice of Termination
1. Facility Information
2. Operator Information
3. Permit Numbel-
4. Reason for Termination
5. Certification
B. Addresses
X. Definitions
XI. Specific Requirements for Industrial
Activities
A. Storm Water Discharges Associated
With Industrial Activity From Timber
Products Facilities
1. Discharges Covered Under This Section
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51110
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
B. Storm Water Discharges Associated
With Industrial Activity From Paper And
Allied Products Manufacturing Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
C. Storm Water Discharges Associated
With Industrial Activity From Chemical
and Allied Products Manufacturing
Facilities
1. Discharges Covered Under This Section
2. Discharges Not Covered By This Section
3. Special Conditions
4. Storm Water Pollution Prevention Plan
Requirements
5. Numeric Effluent Limitations
6. Monitoring and Reporting Requirements
D. Storm Water Discharges Associated
With Industrial Activity From Asphalt
Paving and Roofing Materials and
Lubricant Manufacturers
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
E. Storm Water Discharges Associated With
Industrial Activity From Glass, Clay,
Cement, Concrete, and Gypsum Product
Manufacturing Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
F. Storm Water Discharges Associated With
Industrial Activity From Primary Metals
Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
G. Storm Water Discharges Associated
With Industrial Activity From Metal
Mining (Ore Mining and Dressing)
Facilities
1. Discharges Covered Under This Section
2. Special Definitions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
H. Storm Water Discharges Associated
With Industrial Activity From Coal
Mines and Coal Mining-Related
Facilities
1. Discharges Covered Under .This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations .
5. Monitoring and Reporting Requirements
I. Storm Water Discharges Associated With
Industrial Activity From Oil and Gas
Extraction Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
J. Storm Water Discharges Associated With
Industrial Activity From Mineral Mining
and Processing Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
,5. Monitoring and Reporting Requirements
K. Storm Water Discharges Associated
With Industrial Activity From Hazardous
Waste Treatment, Storage, or Disposal
Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
L. Storm Water Discharges Associated With
Industrial Activity From Landfills and
Land Application Sites
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
6. Definition
M. Storm Water Discharges Associated
With Industrial Activity From
Automobile Salvage Yards
1. Discharges Covered Under This Section
2. Storm Water Pollution Prevention Plan
Requirements
3. Numeric Effluent Limitations
4. Monitoring and Reporting Requirements
5. Retention of Records
N. Storm Water Discharges Associated
With Industrial Activity From Scrap
Recycling and Waste Recycling Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
O. Storm Water Discharges Associated
With Industrial Activity From Steam
Electric Power Generating Facilities,
Including Coal Handling Areas
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
P. Storm Water Discharges Associated With
Industrial Activity From Motor Freight
Transportation Facilities, Passenger
Transportation Facilities, Petroleum
Bulk Oil Stations and Terminals, Rail
Transportation Facilities, and United
States Postal Service Transportation
Facilities
1. Discharges Covered Under This Section
2. Storm Water Pollution Prevention Plan
Requirements
3. Numeric Effluent Limitations
4. Monitoring and Reporting Requirements
Q. Storm Water Discharges Associated
With Industrial Activity From Water
Transportation Facilities That Have
Vehicle Maintenance Shops and/or
Equipment Cleaning Operations
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
R. Storm Water Discharges Associated
With Industrial Activity From Ship and
Boat Building or Repairing Yards
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
S. Storm Water Discharges Associated With
Industrial Activity From Vehicle
Maintenance Areas, Equipment Cleaning
Areas, or Deicing Areas Located at Air
Transportation Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
T. Storm Water Discharges Associated
With Industrial Activity From Treatment
Works
1. Discharges Covered Under This Section
2. Special Conditions
3; Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
U. Storm Water Discharges Associated
With Industrial Activity From Food and
Kindred Products Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
V. Storm Water Discharges Associated
With Industrial Activity From Textile
Mills, Apparel, and Other Fabric Product
Manufacturing Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations.
5. Monitoring and Reporting Requirements
W. Storm Water Discharges Associated i
With Industrial Activity From Wood and
Metal Furniture and Fixture
Manufacturing Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
X. Storm Water Discharges Associated
With Industrial Activity From Printing
and Publishing Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements ,
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51111
4. Numeric Effluent Limitations
S. Monitoring and Reporting Requirements
Y. Storm Water Discharges Associated
With Industrial Activity From Rubber,
Miscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
Z. Storm Water Discharges Associated
With Industrial Activity From Leather
Tanning and Finishing Facilities
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
5. Monitoring and Reporting Requirements
AA. Storm Water Discharges Associated
With Industrial Activity From Fabricated
Metal Products Industry
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
S. Monitoring and Reporting Requirements
AB. Storm Water Discharges Associated
With Industrial Activity From Facilities
That Manufacture Transportation
Equipment, Industrial, or Commercial
Machinery
1, Discharges Covered Under This Section
2. Prohibition of Non-storm Water
Discharges
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
S. Monitoring and Reporting Requirements
AC Storm Water Discharges Associated
With Industrial Activity From Facilities
That Manufacture Electronic and
Electrical Equipment and Components,
Photographic and Optical Goods
1. Discharges Covered Under This Section
2. Special Conditions
3. Storm Water Pollution Prevention Plan
Requirements
4. Numeric Effluent Limitations
S. Monitoring and Reporting Requirements
XII. Coverage Under This Permit
; Region III
A. Federal Facilities in the District of
Columbia (DCR05*##F)
B. District of Columbia (DCR05*###)
Region VI
C. Louisiana (LAR05*###)
D. New Mexico (NMR05*#»)
1 E. Oklahoma (OKR05*#»)
F. Texas (TXR05*###)
Region IX
G. Arizona (AZR05*###) and Federal
Facilities in Arizona (AZR05*##F)
Region X
H. Washington (WAR05*###)
Addenda
Addendum A—Pollutants Identified in
Tables II and HI of Appendix D of 40
CFR Part 122
Addendum B—Notice of Intent Form Here
Addendum C—Notice of Termination (NOT)
Form
Addendum D—Partial List of Large, Medium,
and Designated Municipalities
Addendum E—Basic Format for
' Environmental Assessment
Addendum F—Section 313 Water Priority
' Chemicals
'Addendum G—List of Applicable References
Addendum H—Endangered Species
Guidance
I. Coverage Under This Permit
A. Permit Area
The permit is being issued in the
following areas:
Region I—the States of Maine,
Massachusetts, and New Hampshire;
Federal Indian Reservations located in
Connecticut, Massachusetts, New
Hampshire, Maine, Rhode Island, and
Vermont; and Federal facilities located
in Vermont.
Region H—the Commonwealth of
Puerto Rico; and Federal facilities
located in Puerto Rico.
Region HI—the District of Columbia
and Federal facilities located in
Delaware and the District of Columbia.
Region IV—the State of Florida.
Region V—no areas.
TABLE 1
Region VI—the States of Louisiana,
New Mexico, Oklahoma, and Texas and
Federal Indian Reservations located in
Louisiana, New Mexico (except Navajo
Reservation lands, which are handled
by Region IX, and Ute Mountain
Reservation lands, which are handled
by Region VIII and are not being covered
by this permit), Oklahoma, and Texas.
Region VII—no areas.
Region VIII—no areas.
Region IX—the State of Arizona; the
Territories of Johnston Atoll, and
Midway and Wake Island; all Federal
Indian Reservations located in Arizona,
California, and Nevada; those portions
of the Duck Valley, Fort McDermitt, and
Goshute Reservations located outside
Nevada, those portions of the Navajo
Reservation located outside Arizona;
and Federal facilities located in
Arizona, Johnston Atoll, and Midway
and Wake Islands.
Region X—the State of Idaho; Federal
Indian Reservations located in Alaska,
Oregon (except for Fort McDermitt
Reservation lands which are handled by
Region IX), Idaho (except Duck Valley
Reservation lands which are handled by
Region IX), and Washington; and for
Federal facilities located in Alaska,
Idaho and Washington.
B. Eligibility
1. Discharges Covered. Except for
storm water discharges identified under
paragraph I.E.3., this permit may cover
all new and existing point source
discharges of storm water to waters of
the United States that are associated
with industrial activity identified under
the coverage sections contained in Part
XI. (see Table 1). Military installations
must comply with the permit and
monitoring requirements for all sectors
that describe industrial activities that
such installations perform.
Storm water discharges from
Are covered if
listed in part
Umber Products Facilities
Paper and Allied Products Manufacturing Facilities
Chemical and Allied Products Manufacturing Facilities
Asphalt Paving, Roofing Materials, and Lubricant Manufacturing Facilities
Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities ,
Primary Metals Facilities
Metal Mines (Ore Mining and Dressing) ,
Coal Mines and Coal Mine-Related Facilities ,
Oil or Gas Extraction Facilities ,
Mineral Mining and Processing Facilities ,
Hazardous Waste Treatment Storage or Disposal Facilities ,
Landfills and Land Application Sites ,
Automobile Salvage Yards
Scrap Recycling and Waste and Recycling Facilities ,
Steam Electric Power Generating Facilities ,
XI.A.1.
XI.B.1.
XI.C.1.
XI.D.1.
XI.E.1.
XI.F.1.
XIX3.1.
XI.H.1.
Xl.1.1.
XI.J.1.
XI.K.1.
XI.L1.
XI.M.1.
XI.N.1.
Xl.0.1.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
TABLE 1—Continued
Storm water discharges from
Are covered if
listed in part
Vehicle Maintenance or Equipment Cleaning areas at Motor Freight Transportation Facilities, Passenger Transportation Facili-
ties, Petroleum Bulk Oil Stations and Terminals, the United States Postal Service, or Railroad Transportation Facilities.
Vehicle Maintenance Areas and Equipment Cleaning Areas of Water Transportation Facilities
Ship or Boat Building and Repair Yards
Vehicle Maintenance Areas, Equipment Cleaning Areas or From Airport Deicing Operations located at Air Transportation Facili-
ties. ' ,
Wastewater Treatment Works
Food and Kindred Products Facilities •
Textile Mills, Apparel and other Fabric Product Manufacturing Facilities
Furniture and Fixture Manufacturing Facilities
Printing and Publishing Facilities •
Rubber and Miscellaneous Plastic Product Manufacturing Facilities .•
Leather Tanning and Finishing Facilities
Facilities That Manufacture Metal Products including Jewelry, Silverware and Plated Ware
Facilities That Manufacture Transportation Equipment, Industrial or Commercial Machinery
Facilities That Manufacture Electronic and Electrical Equipment and Components, Photographic and Optical Goods ....
XLP.1.
XI.Q.1.
XI.R.1.
XI.S.1.
XI.T.1.
XI.U.1.
XI.V.1.
XI.W.1.
XI.X.1.
XI.Y.1.
XI.Z.1.
XI.AA.1.
XI.AB.1.
XI.AC.1.
2. Construction. 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 authorized by
and in compliance with the terms 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 activities that are not
listed under the coverage sections
contained in Part XI. (see Table 1).
b. Storm water discharges subject to
New Source Performance Standards
except as provided in Part I.B.7. below.
c. Storm water discharges associated
with industrial activity that are mixed
with sources of non-storm water other
than non-storm water discharges that
are:
(1) In compliance with a different
NPDES permit; or
(2) Identified by and in compliance
with Part III.A. (Prohibition of Non-
storm Water Discharges) of this permit.
d. Storm water discharges associated
with industrial activity that are subject
to an existing NPDES individual or
general permit (except storm water
discharges subject to the NPDES General
Permit for Storm Water Discharges
Associated With Industrial Activity
published September 9,1992 [57 FR
41297], or September 25,1992 [57 FR
44438]).
e. Are located at a facility where an
NPDES permit has been terminated
(other than at the request of the
permittee) or denied, or that are issued
a permit in accordance with Part VII.M
(Requirements for Individual or
Alternative General Permits) of this
permit;
/. Storm water discharges associated
with industrial activity that the Director
[U.S. Environmental Protection Agency
(EPA)] has determined to be or may
reasonably be expected to be
contributing to a violation of a water
quality standard.
g. Discharges subject to storm water
effluent guidelines, not described under
Part XI.
h. 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.
4. Storm Water Not Associated With
Industrial Activity. Storm water
discharges associated with industrial
activity that are authorized by this
permit may be combined with other
sources of storm water that are not
classified as associated with industrial
activity pursuant to 40 CFR
122.26(b)(14).
5. Endangered Species Protection.
a. Permit Coverage Restrictions: In
order to be eligible for coverage under
this permit, the applicant must comply
with the Endangered Species Act. A
discharge of storm water associated with
industrial activity may be covered under
this permit only if either:
(1) The storm water discharge(s), and
the construction of BMPs to control
storm water runoff, are not likely to
adversely affect species identified in
Addendum H of this permit; or
(2) The applicant's activity has
received previous authorization under
the Endangered Species Act and
established an environmental baseline
that is unchanged; or,
(3) The applicant is implementing
appropriate measures as required by the
Director to address adverse affects.
b. All dischargers applying for
coverage under this multi-sector storm
water general permit must certify that
their storm water discharge(s), and the
construction of BMPs to control storm
water runoff, are not likely to adversely
affect species identified in Addendum H
of this permit.
6. National Historic Preservation Act.
In order to be eligible for coverage under
this permit, the applicant must be in
compliance with the National Historic
Preservation Act. A discharge of storm
water associated with industrial activity
may be covered under this permit only
if:
(i) The discharge does not affect a
property that is listed or is eligible for
listing in the National Historic Register
maintained by the Secretary of Interior;
or,
(ii) The applicant has obtained and is
in compliance with a written agreement
between the applicant and the State
Historic Preservation Officer (SHPO)
that outlines all measures to be
undertaken by the applicant to mitigate
or prevent adverse effects to the historic
property.
7. Discharges Subject to New Source
Performance Standards, Operators of
facilities with storm water discharges
subject to New Source Performance
Standards' shall have documentation of
1 Storm water discharges subject to New Source
Performance Standards (NSPS) and that may be
covered under this permit include: runoff from
material storage piles at cement manufacturing
facilities [40 CFR Part 411 Subpart C (established
February 23,1977)]; contaminated runoff from
phosphate fertilizer manufacturing facilities [40
CFR Part 418 Subpart A [established Aprils, 1974)];
coal pile runoff at steam electric generating
facilities [40 CFR Part 423 (established November
19,1982)]; and runoff from asphalt emulsion
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51113
a final EPA decision indicating that the
Agency has determined that the storm
water discharge has no direct or indirect
impact. This documentation shall be
obtained and retained on site prior to
tho submittal of the Notice of Intent.
Operators of these facilities shall not be
authorized under the terms and
conditions of this permit until the
submittal of a Notice of Intent to gain
coverage under this permit. Where
documentation of the Agency's decision
has not been obtained for a facility
subject to New Source Performance
Standards, the operator must obtain
such documentation prior to submitting
a NOI. The permittee may use the
format in Addendum E to submit
information to EPA to initiate the
process of the environmental review.
The information shall be sent to the
appropriate address listed in Part VLB.
of this permit. In order to maintain
eligibility, the permittee must
implement any mitigation required of
the facility as a result of the National
Environmental Policy Act (NEPA)
review process. Failure to implement
mitigation measures upon which the
Agency's NEPA finding is based is
grounds for termination of permit
coverage.
C. Authorization
Dischargers of storm water associated
with industrial activity must submit a
complete NOI in accordance with the
requirements of Part n of this permit,
using an NOI form as found in
Addendum B (or photocopy thereof), to
be authorized to discharge under this
general permit. Unless notified by the
Director to the contrary, owners or
operators who submit such notification
aro authorized to discharge storm water
associated with industrial activity under
tho terms and conditions of this permit
2 days after the date that the NOI is
postmarked. 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.
D. Overview of the Multisector General
Permit
Parts I.-X. apply to all facilities. Parts
I. and II. describe eligibility
requirements and the process for
obtaining permit coverage. Parts III.-X.
contain "basic" permit requirements.
facilities (40 CFRPart 443 Subpart A (established
July 24,1975)]. NSPS apply only to discharges from
tlioso facilities or Installations that were
constructed after tho promulgation of NSPS. For
example, storm water discharges from areas where
tho production of asphalt paving and roofing
emulsions occurs are subject to NSPS only if the
asphalt emulsion facility was constructed after July
24,1075.
Part XI. provides additional
requirements for particular sectors of
industrial activity. For example,
primary metal facilities add Part XI.F.,
to the "universal" Parts I.-X.
requirements.
Some facilities may have "co-located"
. activities that are described in more
than one sector and need to comply
with applicable conditions of each
sector. For example, a chemical
manufacturing facility could have a land
application site and be subject to Part
XI.C.—Chemical and Allied products
Manufacturing sector (primary activity),
with runoff from the land application
site (co-located activity) also subject to
conditions in the Part XI.L.—Landfills
and Land Application Sites sector.
Part XII of the permit contains
conditions (e.g., effluent limitations or
special reporting requirements) that
only apply to facilities located in a
particular State, EPA Region, or other
area. Those special conditions are in
.addition to, or in lieu of, the "generic"
Parts I.—XI. permit requirements.
Part XII of the permit also contains
differences in permit eligibility and
availability. For example, only the
permits for Louisiana, New Mexico,
Oklahoma, and Texas allow coverage of
certain mine dewatering discharges
from construction sand and gravel,
.industrial sand, and crushed stone
mines (subject to additional permit
conditions) under Sector J.—Mineral
Mining and Processing.
Addendum D. fists large and medium
municipal separate storm sewer systems
(MS4s). Facilities located in these
jurisdictions have special
responsibilities (described in the
permit) with regard to compliance with
local requirements and providing
information to the operator of the MS4).
II. Notification Requirements
A. Deadlines for Notification
1. Existing Facility. Except as
provided in paragraphs H.A.4. (New
Operator), and E.A.5. (Late
Notification), individuals who intend to
obtain coverage for an existing storm
water discharge associated Wtth
industrial activity under this general
permit shall submit an NOI in
accordance with the requirements of
this part on or before [insert date 90
days after permit finafization];
2. New Facility, Except as provided in
paragraphs II.A.3. (Oil and Gas
Operations), II.A.4. (New Operator), and
II.A.5. (Late Notification), operators of
facilities that begin industrial activity
after [insert date 90 days after permit
finafization] shall submit an 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. Oil ana Gas Operations. 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 [insert date 90 days after permit
finafization) in accordance with 40 CFR
122.26(c)(l)(iii), but that after [insert
date 90 days after permit finafization]
have a discharge of a 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, must submit an NOI
in accordance with the requirements of
Part fi.C. of this permit within 14
calendar days of the first knowledge of
such release.
4. New Operator. Where the operator
of a facility with a storm water
discharge associated with industrial
activity that 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.
5. Late Notification. 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.
6. Part II.A.6 Facilities Previously
Subject to the Baseline General Permit.
Eligible facilities previously covered by
EPA's 1992 Baseline General Permits for
Storm Water Discharges Associated with
Industrial Activity (57 FR 41297 or 57
FR 44438) may elect to be covered by
this permit by submitting an NOI in
accordance with the requirements of
this Part within [insert date 90 days
after permit finalization]. To avoid a
lapse in permit coverage should
reissuance or termination of the 1992
Baseline General Permits eliminate
coverage for certain industries under
those permits, NOIs from eligible
facilities may also be submitted during
the period 90 days prior to the
expiration date of the applicable
Baseline General Permit.
B. Contents of Notice of Intent
The NOI shall be signed in
accordance with Part VII.G. (Signatory
Requirements) of this permit and shall
include the following information:
1. Permit. An indication of which
NPDES storm water general permit is
being applied for (either baseline
general, basefine construction, or multi-
sector);
2. Name. The operator's name,
address, telephone number, and status
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51114
Federal Register / Vol. 60, No. 189 / Friday, September 29. 1995 / Notices
as Federal, State, private, public, or
other entity;
3. Location. The street address of the
facility for which the notification is
submitted. Also describe the location of
the approximate center of the facility in
terms of the latitude and longitude to
the nearest 15 seconds, or the quarter
section, township and range (to the
nearest quarter section);
4. Federal Indian Reservations. An
indication of whether the facility is
located on Federal Indian Reservations;
Receiving Water. 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. Co-permittee. The storm water
general permit number if such a number
has been issued to a co-permittee;
7. Monitoring. The monitoring status
of the facility;
8. SIC Code. Up to four 4-digit
Standard Industrial Classification (SIC)
codes that best represent the principal
products produced or services rendered,
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;
9. Other Permits, 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;
10. Presence of Endangered Species.
Based on the instructions in Addendum
H, no species identified in Addendum
H are in proximity to the storm water
discharges to be covered under this
permit, or the areas of BMP construction
to control those storm water discharges.
11. National Historic Preservation Act
Compliance. A yes or no response to the
following statement: Applicant has
obtained and is in compliance with
Historic Preservation Agreement.
12. Eligibility Certification. The
following certifications shall be signed
in accordance with Part VII.G.
I certify under-penalty of law that I have
read and understand the Part I.B. eligibility
requirements for coverage under the multi-
sector storm water general permit including
those requirements relating to the protection
of species identified in Addendum H.
To the best of my knowledge the
discharges covered under this permit, and
the construction of BMPs to control storm
water runoff, are not likely and will not
likely, adversely affect any species identified
in Addendum H of this permit, or are
otherwise eligible for coverage due to
previous authorization under the Endangered
Species Act.
To the best of my knowledge, I further
certify that such discharges, and construction
of BMPs to control storm water runoff, do not
have an effect on properties listed or eligible
for listing on the National Register of Historic
Places under the National Historic
Preservation Act, or are otherwise eligible for
coverage due to a previous agreement under
the National Historic Preservation Act.
I understand that continued coverage
under the multi-sector storm water general
permit is contingent upon maintaining
eligibility as provided for in Part I.B.
13. Pollution Prevention Plan
Certification. For any facility that begins
to discharge storm water associated with
industrial activity after [insert date 270
days after permit finalization], a
certification that a storm water pollution
prevention plan has been prepared for
the facility in accordance with Part IV.
of this permit must be included on the
NOI. (Do not include a copy of the plan
with the NOI submission.)
C. Where To Submit
Facilities that discharge storm water
associated with industrial activity must
use an NOI form provided by the
Director (or photocopy thereof). NOIs
must be signed in accordance with Part
VH.G. (Signatory Requirements) of this
permit. NOIs are to be submitted to the
Director of the NPDES program at the
following address: Storm Water Notice
of Intent (4203), 401 M Street, S.W.,
Washington, D.C. 20460.
D. Additional Notification
Facilities that 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 Addendum D of
this notice)), or into a municipal
separate storm sewer that has been
designated by the permitting authority '
shall, in addition to filing copies of the
NOI in accordance with paragraph II.C.,
submit signed copies of the NOI 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.
ni. Special Conditions
A. Prohibition of Non-storm Water
Discharges
1. Storm Water Discharges. Except as
provided in paragraph III.A.2 (below),
all discharges covered by this permit
shall be composed entirely of storm
water.
2. Non-storm Water Discharges, a.
Except as provided in paragraph
IH.A.2.b (below), discharges of material
other than storm water must be in
compliance with an 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 in
compliance with Part IV and Part XI:
discharges from fire fighting activities;
fire hydrant flushings; potable water
sources including waterline flushings;
drinking fountain water,
uncontaminated compressor
condensate, irrigation drainage; lawn
watering; routine external building
washdown that 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;
compressor condensate;
uncontaminated 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. Hazardous Substances or OH. 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 Part 117 or 40 CFR Part 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 Part 117 and 40 CFR Part 302 as
soon as he or she has knowledge of the
discharge;
fa. 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
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51115
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 reoccurrence 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 III.B.l.b. (above) of this
permit to the appropriate EPA Regional
Office at the address provided in Part
VLB. (Reporting: Where to Submit) of
this permit.
2. Multiple Anticipated Discharges.
Facilities that 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 Part
117 or 40 CFR Part 302, that 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 m.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
NO1); and
b. Shall provide in the storm water
pollution prevention plan required
under Part IV. (Storm Water Pollution
Prevention Plans) 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 releases. 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
onsite spill.
C. Co-located Industrial Activity
In the case where a facility has
industrial activities occurring onsite
which are described by any of the
activities in other sections of Part XI,
those industrial activities are considered
to be co-located industrial activities.
Storm water discharges from co-located
industrial activities are authorized by
this permit, provided that the permittee
complies with any and all additional
pollution prevention plan and
monitoring requirements from other
sections of Part XI applicable to the co-
located industrial activity. The operator
of the facility shall determine which
additional pollution prevention plan
and monitoring requirements are
applicable to the co-located industrial
activity by examining the narrative
descriptions of each coverage section
(Discharges Covered Under This
Section) in Part XI of this permit.
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 that 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
that 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. Existing Facilities. Except as
provided in paragraphs 3., 4., and 5.
(below), all existing facilities and new
facilities that begin operation on or
before [insert date 270 days after permit
finalization] shall prepare and
implement the plan by [insert date 270
days after permit finalization].
2. New Facilities. Facilities that begin
operation after [insert date 270 days
after permit finalization] shall prepare
and implement the plan prior to
submitting the Notice of Intent.
3. Oil and Gas Facilities. Oil and gas
exploration, production, processing or
treatment facilities that are not required
to submit a permit application on or
before [insert date 90 days after permit
finalization] in accordance with 40 CFR
122.26(c)(l)(iii), but after [insert date
270 days after permit finalization] have
a discharge of a reportable quantity of
oil or a hazardous substance for which
notification is required pursuant to
either 40 CFR 110.6 or 40 CFR 302.6,
shall prepare and implement the plan
on or before the date 60 calendar days
after first knowledge of such release.
4. Facilities Switching From the
Baseline General Permit to This Permit.
Facilities previously subject to the
NPDES General Permit for Storm Water
Discharges Associated With Industrial
Activity (57 FR 41297 or 57 FR 44438)
that switch to coverage under this
permit shall continue to implement the
storm water pollution prevention plan
required by that permit. The plan shall
be revised as necessary to address
requirements under Part XL of this
permit no later than [insert date 270
days after permit finalization]. The
revisions made to the plan shall be
implemented on or before [insert date
270 days after permit finalization].
5. Facilities Electing Multi-Sector
General Permit Upon Expiration of the
Baseline General Permit. Facilities
electing to obtain coverage under this
permit during the period 90 days prior
to expiration of the Baseline General
Permit shall revise the pollution
prevention plan required by that permit
as necessary to address requirements
under Part X.I. of this permit and
implement the revised plan prior to
submittal of the NOI.
6. Measures That Require
Construction. In cases where
construction is necessary to implement
measures required by the plan, the plan
shall contain a schedule that provides
compliance with the plan as
expeditiously as practicable, but no later
than [insert date 3 years after permit
finalization]. Where a construction
compliance schedule is included in the
plan, the schedule shall include
appropriate non-structural and/or
temporary controls to be implemented
in the affected portion(s) of the facility
prior to completion of the permanent
control measure.
7. Extensions. 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.
B. Signature and Plan Review
1. Signature/Location. The plan shall
be signed in accordance with Part VII.G.
(Signatory Requirements), and be
retained onsite at the facility that
generates the storm water discharge in
accordance with Part VII.P.2. (Retention
of Records) of this permit. For inactive
facilities, the plan may be kept at the
nearest office of the permittee.
2. Availability. The permittee shall
make the storm water pollution
prevention plan, annual site compliance
inspection report, or other information
available upon request to the Assistant
Administrator for Fisheries for the
National Oceanic and Atmospheric
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Administration; the U.S. Fisheries and
Wildlife Service Regional Director; or v
authorized representatives of these
officials.
3. Required Modifications. 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 that 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,
that 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. (Contents of the Plan) of this
permit, or in otherwise achieving the
general objectives of controlling
pollutants in storm water discharges
associated with industrial activity. New
owners shall review the existing plan
and make appropriate changes:
Amendments to the plan may be
reviewed by EPA in the same manner as
Part IV.B. (above).
D. Contents of the Plan
The contents of the pollution
prevention plan shall comply with the
requirements listed in the appropriate
section of Part XI. (Specific
Requirements for Industrial Activities).
Table 2 lists the location of the plan
requirements for the respective
industrial activities. These requirements
are cumulative. If a facility has co^
located activities that are covered in
more than one section of Part XI., that
facility's pollution prevention plan must
comply with the requirements listed in
all applicable sections of this permit.
TABLE 2.—POLLUTION PREVENTION
PLAN REQUIREMENTS
Storm water discharges from
Timber Products Facilities
Paper and Allied Products
Manufacturing Facilities.
Chemical and Allied Products
Manufacturing Facilities.
Asphalt Paving, Roofing Mate-
rials, and Lubricant Manufac-
turing Facilities.
Glass, Clay, Cement Concrete
and Gypsum Product Manu-
facturing Facilities.
Primary Metals Facilities
Metal Mines (Ore Mining and
Dressing).
Coal Mines and Coal Mine-Re-
lated Facilities.
Oil or Gas Extraction Facilities
Mineral Mining and Processing
Facilities.
Hazardous Waste Treatment
Storage or Disposal Facilities.
Landfills and Land Application
Sites.
Automobile Salvage Yards
Scrap and Waste Recycling
Facilities.
Steam Electric Power Generat-
ing Facilities.
Vehicle Maintenance or Equip-
ment Cleaning areas at
Motor Freight Transportation
Facilities, Passenger Trans-
portation Facilities, Petro-
leum Bulk Oil Stations and
Terminals, the United States
Postal Service, or Railroad
Transportation Facilities.
Vehicle Maintenance Areas
and Equipment Cleaning
Areas of Water Transpor-
tation Facilities.
Ship or Boat Building and Re-
pair Yards.
Vehicle Maintenance Areas,
Equipment Cleaning Areas
or From Airport Deicing Op-
erations located at Air Trans-
portation Facilities.
Wastewater Treatment Works .
Food and Kindred Products Fa-
cilities.
Textile Mills, Apparel and other
Fabric Product Manufactur-
ing Facilities.
Furniture and Fixture Manufac-
turing Facilities.
Printing and Publishing Facili-
ties.
Rubber and Miscellaneous
Plastic Product Manufactur-
ing Facilities.
Leather Tanning and Finishing
Facilities.
Are subject
to pollution
prevention
plan require-
ments listed
in part
XI.A.3
XI.B.3
XI.C.4
XI.D.3
XI.E.3
XI.F.3.
XI.G.3
XI.H.3
Xl.1.3
XI.J.3
XI.K.3
XI.L.3
XI.M.2
XI.N.3
Xl.0.3
XI.P.3
XI.Q.3
XI.R.3
XI.S.3
XI.T.3
XI.U.3
XI.V.3
XI.W.3
XI.X.3
XI.Y.3
XI.Z.3
TABLE 2.—POLLUTION PREVENTION
PLAN REQUIREMENTS—Continued
Storm water discharges from
Facilities That Manufacture
Metal Products including
Jewelry, Silverware and Plat-
ed Ware.
Facilities That Manufacture
Transportation Equipment, .
Industrial or Commercial Ma-
chinery.
Facilities That Manufacture
Electronic and Electrical
Equipment and Components,
Photographic and Optical
Goods.
Are subject
to pollution
prevention
plan require-
ments listed
in part
XI.AA.3
XI.AB.3
XI.AC.3.
E. Special Pollution Prevention Plan
Requirements
In addition to the minimum standards
listed in Part XL of this permit (Specific
Requirements for Industrial Activities),
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:
I. Additional Requirements for Storm
Water Discharges Associated With
Industrial Activity that Discharge Into or
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 that discharge storm
water associated with industrial activity
through a municipal separate storm
sewer system serving a population of
100,000 or more, or a municipal system
designated by the Director shall make
plans available to the municipal
operator of the system upon request.
2. Additional Requirements for Storm
Water Discharges Associated With
Industrial Activity From Facilities
Subject to EPCRA Section 313
Requirements. In addition to the
requirements of Part XI. of this permit
and other applicable conditions of this
permit, storm water pollution
prevention plans for facilities subject to
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51117
reporting requirements under EPCRA
Section 313 for chemicals that are
classified as 'Section 313 water priority
chemicals' in accordance with the
definition in Part X. of this permit,
except as provided in paragraph
lV.E.2.c.(below), shall describe and
ensure the implementation of practices
that are necessary to provide for
confonnancQ 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 he
provided unless otherwise exempted
under Part IV.E.2.C. At a minimum, one
of the following preventive systems or
its equivalent shall be used:
fl/Curbing, culverting, gutters,
sewers, or other forms of drainage
control to prevent or minimize the
potential for storm water runon 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.E.2.a.
(above) of this permit, except as
otherwise exempted under Part IV.E.2.C
(below) of this permit, the storm water
pollution prevention plan shall include
a complete discussion of measures taken
to conform with 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 that are subject to
runoff, leaching, or wind shall
incorporate drainage or other control
features that 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
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
i 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 valves 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.
fey Records shall be kept of the
frequency and estimated volume (in
gallons) of discharges from containment
areas.
(6) Facility Site Runoff Other Than
From Areas Covered By (I), (2), (3), or
(4). Other areas of the facility (those not
addressed in paragraphs (1), (2), (3), or
(4)), from which runoff that 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 that 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
that 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 occurred,
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.
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(8) Facility Security. Facilities shall
have the necessary security systems to
prevent accidental or intentional entry
that 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. Training shall address:
pollution control laws and regulations,
the storm water pollution prevention
plan and the particular features of the
facility and its operation that 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.
c. Facilities subject to reporting
requirements under EPCRA Section 313
for chemicals that are classified as
"Section 313 water priority chemicals"
in accordance with the definition in Part
X. of this permit that are handled and
stored onsite only in gaseous or non-
soluble liquid or solid (at atmospheric
pressure and temperature) forms may
provide a certification as such in the
pollution prevention plan in lieu of the
additional requirements in Part W.E.2.
Such certification shall include a
narrative description of all water
priority chemicals and the form in
which they are handled and stored, and
shall be signed in accordance with Part
VII.G. (Signatory Requirements) of this
permit.
d. The storm water pollution
prevention plan shall be certified in
accordance with Section VII.G
(Signatory Requirements) of this permit.
3. Additional Requirements for Salt
Storage. Storage piles of salt used for
deicing or other commercial or
industrial purposes and that generate a
storm water discharge associated with
industrial activity that is discharged to
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
[insert date 3 years after permit
fmalization]. Dischargers with previous
coverage under the Baseline general
permit for storm water shall be
compliant with this provision upon
submittal of the NOI. Piles do not need
to be enclosed or covered where storm
water from the pile is not discharged to
waters of the United States.
' 4. Consistency With Other Plans.
Storm water pollution prevention plans
may reference the existence of other
plans 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.
V. Numeric Effluent Limitations
A. Discharges Associated With Specific
Industrial Activity
Numeric effluent limitations for storm
water discharges associated with a
specific industrial activity are described
in Part XI. of this permit.
B. Coal Pile Runoff
Any discharge composed of coal pile
runoff shall not exceed a maximum
concentration for any time of 50 mg/L
total suspended solids. Coal pile runoff
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 to 9.0.
Runoff from coal piles located at steam
electric generating facilities shall be in
compliance with these limits upon
submittal of the Notice of Intent (NOI).
Runoff from coal piles at all other types
of facilities shall comply with these
limitations as expeditiously as
practicable, but in no case later than
[insert date 3 years after permit
fmalization]. Dischargers with previous
coverage under the Baseline general
permit for storm water shall be
compliant with this provision upon
submittal of the NOI. Any untreated
overflow from facilities designed,
constructed and operated to treat the
volume of coal pile runoff that is .
associated with a 10-year, 24-hour •
rainfall event shall not be subject to the
50 mg/L limitation for total suspended
solids.
VI. Monitoring and Reporting
Requirements
A. Monitoring Requirements
1. Limitations on Monitoring
Requirements, a. Except as required by
paragraph b., only those facilities with
discharges or activities identified in Part
VI.C. and Part XI. are required to
conduct sampling of their storm water
discharges associated with industrial
activity. Monitoring requirements under
parts VI.C. and XI. are additive.
Facilities with discharges or activities ,
described in more than one monitoring
section are subject to all applicable
monitoring requirements from each
section.
b. The Director can provide written
notice to any facility otherwise exempt
from the sampling requirements of Parts
VI.C. and XI. that it shall conduct
discharge sampling for a specific
monitoring frequency for specific
parameters.
B. Reporting: Where To Submit
1. Location. Signed copies of
discharge monitoring reports required
under Parts XI. and VI.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:
a. CT, MA, ME, NH, RI, VT
EPA, Region I, Water Management
Division, (WCP), Storm Water Staff,
JFK Federal Building, Boston, MA
02203
b.PR
EPA, Region II, Water Management
Division, (2WM-WPC), Storm
Water Staff, 290 Broadway, New
York, NY 10007-1866
c.DE.DC
EPA, Region III, Water Management
Division, (3WM55), Storm Water
Staff, 841 Chestnut Building,
Philadelphia, PA 19107
d.FL
EPA, Region IV, Water Management
Division, Permits Section (WPEB-
7), 345 Courtland Street, NE.,
Atlanta, GA 30365
e. LA, NM (except see Region IX for
Navajo lands), OK, TX
EPA, Region VI, Enforcement and
Compliance Assurance Division
(GEN-WC), EPA SW MSGP, First
Interstate Bank Tower at Fountain
Place, P.O. Box 50625, Dallas, TX
75205
/. AZ, CA, NV, Johnson Atoll, Midway
Island, Wake Island, the Goshute
Reservation in UT and NV, the
Navajo Reservation in UT, NM, and
AZ, the Fort McDermitt Reservation
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51119
in OR, the Duck Valley Reservation
in NV and ID
EPA, Region IX, Water Management
Division, (W-5-3), Storm Water
Staff, 75 Hawthorne Street, San
Francisco, CA 94105
g. AK Indian Reservations, ID (except
see Region IX for Duck Valley
Reservation lands), OR (except see,
Region IX for Fort McDermitt
Reservation lands), WA
EPA, Region X, Water Division, (WD-
134), Storm Water Staff, 1200 Sixth
Avenue, Seattle, WA 98101
For each outfall, one Discharge
Monitoring Report form must be
submitted per storm event sampled.
2. Additional Notification. In addition
to filing copies of discharge monitoring
reports in accordance with Part VLB.
(Reporting: Where to Submit), facilities
with at least one storm water discharge
associated with industrial activity
through a large or medium municipal
soparate storm sewer system (systems
serving a population of 100,000 or more)
or a municipal system designated by the
Director 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 Part XI. Facilities not
required to report monitoring data
under Part XI. and facilities that are not
otherwise required to monitor their
discharges, need not comply with this
provision.
C. Special Monitoring Requirements for
Coal Pile Runoff
During the period beginning on the
effective date and lasting through the
expiration date of this permit,
permittees with storm water discharges
containing coal pile runoff shall monitor
such storm water for: pH and TSS
(mg/1) at least annually (1 time per
year). Permittees with discharges
containing coal pile runoff must report
in accordance with Part V.B (Numeric
Effluent Limitations) and Part VLB.
(Reporting: Where to Submit). In
addition to the parameters listed above,
the permittee shall provide the date and
duration (in hours) of the storm event(s)
samples; rainfall measurements or
estimates (in inches) of the storm event
that generated the sampled runoff; the
duration between the storm event
samples 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 samples.
1. Sample Type. For discharges
containing coal pile runoff 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 containing coal pile runoff,
data shall be reported for a grab 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local ,
( storm events during the season when
sampling is being conducted. The grab
| sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable.
2. Sampling Waiver. When a
discharger is unable to collect samples
of coal pile runoff due to adverse
climatic conditions, the discharger shall
collect a substitute sample from a
separate qualifying event in the next
period and submit this data along with
the data for the routine sample in that
, period. Adverse weather conditions that
may prohibit the collection of samples
include weather conditions that create
dangerous conditions for personnel
1 (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.).
3. Representative Discharge. When a
facility has two or more outfalls
containing coal pile runoff that, based
on a consideration of the other
industrial activity, and significant
materials, and upon management
practices and activities within the area
drained by the outfall, and the permittee
reasonably believes substantially
identical effluents are discharged, the
I 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 explains 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 Part VIII.
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. This representative
discharge provision is not applicable to
storm water discharges from coal piles
regulated under the national effluent
limitations guidelines.
'4. Alternative Certification. Facilities
with storm water discharges containing.
coal pile runoff may not submit
alternative certification in lieu of the
required monitoring data.
5. When to Submit. Permittees with
discharges containing coal pile runoff
shall submit monitoring results
annually no later than the 28th day of
[insert month following permit
finalization].
VII. Standard Permit Conditions
A. Duty to Comply
1. Permittee's Duty to Comply. The
permittee must comply with all
conditions of this permit. Any permit
noncompliance constitutes a violation
of the Clean Water Act (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
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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 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.
(1) Class II Penalty. 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 [insert date 5
years after permit finalization].
However, an expired general permit
continues in force and effect until a new
general permit is issued. Permittees that
choose, or are required, to obtain an
individual permit must submit an
application (Forms 1 and 2F and any
other applicable forms) 180 days prior
to expiration of this permit. Permittees
that are eligible and choose to be
covered by a new general permit must
submit an NOI by the date specified in
that 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
that 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 that 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 NOI 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. Signature. All reports required by
the permit and other information
requested by the Director 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 facility: 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. Authorized Representative. All
reports required by the permit and other
information requested by the Director
shall be signed by a person described in
Section VII.G.l. above or be signed 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 NOI satisfying the requirements
of paragraph II.B. (Contents of NOI)
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.
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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
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.
/. Oil and Hazardous Substance 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
Actofl980(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
1, Director Designation. 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 VLB.
(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. Individual Permit Application. 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 VLB. 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. Individual/Alternative General
Permit Issuance. 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
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.
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) that
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. Representative Samples/
Measurements. Samples and
measurements taken for the purpose of
monitoring shall be representative of the
monitored activity.
2. Retention of Records.
a. The permittee shall retain records
of all monitoring information, copies of
all reports required by this permit, and
records of all data used to complete the
application of this permit for a period of
at least three (3) years from the date of
sample, measurement, evaluation or
inspection, report, or application. This
period may be extended by request of
the Director at any time. Permittees
must submit any such records to the
Director upon request.
b. The permittee shall retain the
pollution prevention plan developed in
accordance with Parts IV. and XL of this
permit until a date 3 years after the last
modification or amendment is made to
the plan, and at least 1 year after
coverage under this permit terminates.
3. Records Contents. Records of
monitoring information shall include:
a. The date, exact place, and time of
sampling or measurements;
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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
individual(s) who performed the
analyses;
/. 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.
4. Approved Monitoring Methods.
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 Entry
The permittee shall allow the Director
or an authorized representative of EPA,
the State environmental agency, or, in
the case of a facility that 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: 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; have access to
and copy at reasonable times, any
records that must be kept under the
conditions of this permit; and 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
limitations of Parts V. and XI. of this
permit knows in advance of the need for
a bypass, he or she shall submit prior
notice, if possible, at least 10 days
before the date of the bypass; including
an evaluation of the anticipated quality
and effect of the bypass.
b. Unanticipated Bypass. The
permittee subject to the numeric
effluent limitations of Parts V. and XI.
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 tunes, 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 reoccurrence 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
judgement, have installed adequate
backup equipment to prevent a bypass
that 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. Affirmative Defense. An upset
constitutes an affirmative defense to an
action brought for noncompliance with
technology-based numeric effluent
limitations in Parts V. and XI. 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, is final administrative
action subject to judicial review.
2. Required Defense. 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 tune 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. Burden of Proof. In any
enforcement proceeding the permittee
seeking to establish the occurrence of an
upset has the burden of proof.
VIII. Reopener Clause
A. Potential or Realized Impacts on
Water Quality
If there is evidence indicating
potential or realized impacts on water
quality or on a listed endangered
species 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 an individual
permit or an alternative general permit
in accordance with Part VII.M.
(Requiring an Individual Permit or an
Alternative General Permit) of this
permit or the permit may be modified to
include different limitations and/or
requirements.
B. Applicable Regulations
Permit modification or revocation will
be conducted according to 40 CFR
122.62, 122.63, 122.64, and 124.5.
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. Facility Information. Name, mailing
address, and location of the facility for
which the notification is
submitted.Describe the location of the
approximate center of the site in terms
of the latitude and longitude to the
nearest 15 seconds, or the section,
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51123
township and range to the nearest
quarter section;
2. Operator Information. The name,
address, and telephone numher of the
operator addressed by the Notice of
Termination;
3. Permit Number. The NPDES permit
number for the storm water discharge
associated with industrial activity
identified by the Notice of Termination;
4. Reason for Termination. 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. Certification. The following
certification signed in accordance with
Part Vn.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 an NPDES general permit have
been eliminated or 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
tho Clean Water Act where the discharge is
not authorized by an 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 tho Clean Water Act.
B. Addresses
All Notices of Termination are to be
sent, using the form provided by the
Director Cor a photocopy thereof),2 to
the Director of the NPDES program at
tho following address: Storm Water
Notice of Termination (4203), 401M
Street, S.W., Washington, D.C. 20460.
X. Definitions
Best Management Practices ("BMPs")
means 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
copy of the approved NOT form is provided
dondum C of this notice.
in Addendum C of
Co-located industrial activity means
when a facility has industrial activities
being conducted onsite that are
described under more than one of the
coverage sections of Part XI in this
permit (Discharges Covered Under This
Section). Facilities with co-located
industrial activities shall comply with
all applicable monitoring and pollution
prevention plan requirements of each
section in which a co-located industrial
activity is described.
CWA means Clean Water Act
(formerly referred to as the Federal
Water Pollution Control Act or Federal
Water Pollution Control Act
Amendments of 1972).
Commercial Treatment and Disposal
Facilities means facilities that receive,
on a commercial basis, any produced
hazardous waste (not their own) and
treat or dispose of those wastes as a
service to the generators. Such facilities
treating and/or disposing exclusively
residential hazardous wastes are not
included in this definition.
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 that is not
a land application unit, surface
impoundment, injection well, or waste
pile.
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.
NOT means notice of termination (see
Part DC. A. 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 discharged.
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
that: (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) meet at least one
of the following criteria: (i) are listed in
Appendix D of 40 CFR Part 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 A
of this permit. This addendum was
revised based on final rulemaking EPA
published in the Federal Register
November 30,1994.
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.
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Storm water associated with
industrial activity means the discharge
from any conveyance that is used for
collecting and conveying storm water
and that 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 Part 401); sites used for the storage
and maintenance of material handling
equipment; sites used for residual
treatment, storage, or disposal; shipping
and receiving areas; manufacturing
buildings; storage areas (including tank
farms) for raw materials, and
intermediate and finished products; and
areas where industrial activity has taken
place in the past and significant
materials remain and are exposed to
storm water. For the categories of
industries identified in paragraph (xi) of
this definition, the term includes only
storm water discharges from all areas
(except access roads and rail lines)
listed in the previous sentence where
material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products, or industrial
machinery are exposed to storm water.
For the purposes of this paragraph,
material handling activities include the
storage, loading and unloading,
transportation, or conveyance of any
raw material, intermediate product,
finished product, by-product or waste
product. The term excludes areas
located on plant lands separate from the
plant's industrial activities, such as
office buildings and accompanying
parking lots as long as the drainage from
the excluded areas is not mixed with
storm water drained from the above
described areas. Industrial facilities
(including industrial facilities that are
Federally, State, or municipally owned
or operated that meet the description of
the facilities listed in paragraphs (i) to
(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
that 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 and 285), 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 noncoal mining operations
that 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 that 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 that 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 that are otherwise
identified under paragraphs (i) to (yii) or
(ix) to (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 Part 403. Not included are
farm lands, domestic gardens or lands
used for sludge management where
sludge is beneficially reused and that
are not physically located in the
confines of the facility, or areas that are
in compliance with 40 CFR Part 503;
(x) Construction activity including
clearing, grading and excavation
activities except: operations that result
in the disturbance of less than 5 acres
of total land area that 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 that are not otherwise included
within categories (i) to (x)).3
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 Parts V.
and XI. 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:
3 On June 4,1992, the United States Court of
Appeals for the Ninth Circuit remanded the
exclusion for manufacturing facilities in category
(xi) that do not have materials or activities exposed
to storm water to the EPA for further rulemaking.
(Nos. 90-70671 and 91-70200.)
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51125
a. All waters that are currently used,
wore used in the past, or may be
susceptible to use in interstate or foreign
commerce, including all waters that 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. That 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. That 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.)
Specific Requirements for Industrial
Activities
A. Storm Water Discharges Associated
With Industrial Activity From Timber
Products Facilities
1. Discharges Covered Under This
Section. The requirements listed under
this section shall apply to storm water
discharges from the following activities:
establishments [generally classified
under Standard Industrial Classification
(SIC) Major Group 24] that are engaged
in cutting timber and pulpwood,
merchant sawmills, lath mills, shingle
mills, cooperage stock mills, planing
mills, and plywood and veneer mills
engaged in producing lumber and wood
basic materials; and establishments
engaged in wood preserving of in
manufacturing finished articles made
entirely of wood or related materials,
except for wood kitchen cabinet
manufacturers (SIC Code 2434), which
are addressed under Part XI. W. of this
permit.
When an industrial facility, .described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
• applicable to the facility.
2. Special Conditions.
a. Prohibition of Non-storm Water
Discharges.
(1) Discharges of boiler blowdown
and water treatment wastewaters,
noncontact and contact cooling waters,
wash down waters from treatment
equipment, and storm water that has
come in contact with areas where
spraying of chemical formulations
designed to provide surface protection,
to waters of the United States, or
through municipal separate storm sewer
systems are not authorized by this
permit. The operators of such discharges
must obtain coverage under a separate
NPDES discharge permit.
(2) In addition to the discharges
described in part HI.A.2., 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 XI.A.3.a.(3)(g)(i) (Measures
and Controls for Non-storm Water
Discharges): discharges from the spray
down of lumber and wood product
storage yards where no chemical
additives are used in the spray down
waters and no chemicals are applied to
the wood during storage.
3. Storm Water Pollution Prevention
Plan Requirements.
a. 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 that
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or that may
result in the discharge of pollutants
during dry weather from separate storm
sewers draining the facility. Each plan
shall identity all activities and
significant materials that may ,
potentially be significant pollutant
sources. Each plan shall include, at a
minimum:
(a) Drainage.
(i) A site map indicating the location
of outfalls covered by the permit, the
types of discharges contained in the
drainage areas of the outfalls, 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
XI.A.3.a.(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; material
handling areas; locations used for the
treatment, storage, or disposal of wastes;
liquid storage tanks; processing areas;
treatment chemical storage areas; treated
wood and residue storage areas; wet
decking areas; dry decking areas;
untreated wood and residue storage
areas; and treatment equipment storage
areas.
(ii) 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 that are likely to be present
in storm water discharges associated
with industrial activity. Factors to
consider include the toxicity of
chemicals; 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
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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 3
years prior to the date of submission of
a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives. The inventory of
exposed materials shall include, but
shall not be limited to the significant
materials stored exposed to storm water
and material management practices
employed that were listed for the
facility in the approved group
application. Where information is
available, facilities that have used
chlorophenolic, creosote, or chromium-
copper-arsenic formulations for wood
surface protection or wood preserving
activities onsite in the past should
identify in the inventory the following:
areas where contaminated soils,
treatment equipment, and stored
materials still remain and management
practices employed to minimize the
contact of these materials with storm
water runoff.
(c) Spills 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 3 years prior to the date
of submission of a Notice of Intent (NOI)
to be covered under this permit. Such
list shall be updated as appropriate
during the te_rm 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 onsite waste
disposal practices. The description shall
specifically list any significant potential
source of pollutants at the site and'for
each potential source, any specific
pollutant or pollutant parameter (e.g.,
total suspended solids, biochemical
oxygen demand, chemical oxygen
demand, oil and grease, arsenic, copper,
chromium, pentachlorophenol, other
specific metals, toxicity, etc.) of concern
shall be identified.
(3) Measures and Controls. Each
facility covered by this permit shall
develop a description of stprm water
best management practices (BMPs) and
controls appropriate for the facility and
implement such controls. The
appropriateness 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
areas of the site: log, lumber and other
wood product storage areas; residue
storage areas, loading and unloading
areas; material handling areas; chemical
storage areas; and equipment/vehicle
maintenance, storage and repair areas.
Facilities that surface protect and/or
preserve wood products should address
specific BMPs for wood surface
protection and preserving activities. The
pollution prevention plan should
address the following minimum
components, including a schedule for
implementing such controls:
(a) Good Housekeeping—Good
housekeeping requires the maintenance
of areas that may contribute pollutants
to storm water discharges in a clean,
orderly manner. Good housekeeping
measures in storage areas, loading and
unloading areas, and material handling
areas should be designed to: 1) limit the
discharge of wood debris; 2) minimize
the leachate generated from decaying
wood materials; and 3) minimize the
generation of dust;
(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. Periodic
removal of debris from ditches, swales,
diversions, containment basins,
sediment ponds and infiltration
measures should be performed to limit
discharges of solids .and to maintain the
effectiveness of the controls. - ••:
(c) Spill Prevention and Response
Procedures^-Areas where potential
spills that 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 cleanup
should be available to personnel.
Response schedules should be
developed to limit tracking of spilled
materials to other areas of the site. Leaks
or spills of wood surface protection or
preservation chemicals shall be cleaned
up immediately in accordance with
applicable RCRA regulations at 40 CFR
Part 264 and 40 CFR Part 265.
(d) Inspections—In addition to or as
part of the comprehensive site
evaluation required under paragraph
XI.A.3.a.(4) of this section, qualified
facility personnel shall be identified to
inspect designated equipment and areas
of the facility at appropriate intervals
specified in the plan. Operators of
facilities are required to conduct
quarterly visual inspections of BMPs.
The inspections shall include: 1) an
assessment of the integrity of storm
water discharge diversions, conveyance
systems, sediment control and
collection systems, and containment
structures; 2) visual inspection of
sediment and erosion BMPs to
determine if soil erosion has occurred;
and 3) visual inspections of storage
areas and other potential sources of
pollution for evidence of actual or
potential pollutant discharges of
contaminated storm water.
Material handling, and unloading and
loading areas should be inspected daily
whenever industrial activities occur in
those areas. If no activities are
occurring, no inspection is required.
Inspections at processing areas,
transport areas, and treated wood
storage areas of facilities performing
wood surface protection and
preservation activities should be
performed monthly to assess the
usefulness of practices in minimizing
drippage of treatment chemicals on
unprotected soils and in areas that will
come in contact with storm water
discharges.
A set of tracking or follow-up
procedures shall be used to ensure that
appropriate actions are taken in
response to the inspections. Records of
inspections 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
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51127
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. The
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
bo 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-stonn Water Discharges.
ft/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 onsite drainage
points that were directly observed
during the test. Certifications shall be
signed in accordance with Part VH.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 that
receives the discharge. In such cases,
the source identification section of the
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XLA.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part ffi. A.2. (Prohibition of
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.
(iu) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities that
begin to discharge storm water
associated with industrial activity after
[Insert date of permit issuance], 180
days after submitting an 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 State's that are not authorized by
an NPDES permit are unlawful, and
must be terminated.
(h) Sediment and Erosion Control—
The plan shall identify areas that, 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. When developing the
plan, the following areas of the site
should be considered: loading and
unloading areas, access roads, material
handling areas, storage areas, and any
other areas where heavy equipment and
vehicle use is prevalent. The following
erosion and sediment controls shall be
considered to minimize the discharge of
sediments from the site: stabilization
measures such as seeding, mulching,
contouring, porous pavement, paving
and sodding or its equivalent and
structural measures such as sediment
traps and silt fences or other equivalent
measures.
(i) Management of Runoff—The plan
shall contain a narrative consideration
of the appropriateness of traditional
storm water management practices
(practices other than those that 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 paragraph
:XI.A.3.a.(2) of this section (Description
of Potential Pollutant Sources)] 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),
snow management activities, infiltration
devices, and wet detention/retention
devices or other equivalent measures.
(4) Comprehensive Site Compliance
Evaluation. Personnel knowledgeable
about storm water management as it
relates to the facility shall conduct site
compliance evaluations at appropriate
intervals specified in the plan, but in no
case less than once a year. Such
evaluations shall include the following:
(a) Areas contributing to a storm
water discharge associated with
industrial activity such as loading/
unloading areas, material handling
areas, locations used for the treatment,
storage or disposal of wastes, liquid '
storage tanks, processing areas,
treatment chemical storage areas, treated
wood and residue storage areas, wet
decking areas, dry decking areas,
untreated wood and residue storage
areas, and treatment equipment storage
areas 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.
(a) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.A.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.A.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.A.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
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storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 he signed in
accordance with Part VII.G. (Signatory
Requirements) of this permit.
(d) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations.
There are no additional numeric
effluent limitations beyond those
described in Part V.B. of this permit.
5. Monitoring and Reporting
Requirements.
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with timber
product facilities must monitor their
storm water discharges associated with
industrial activity at least quarterly (4
times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Timber
product facilities are required to
monitor their storm water discharges for
the pollutants of concern listed in the
appropriate table (Tables A-l, A-2, A-
3 or A-4). Facilities must report in
accordance with 5.b. (Reporting). In
addition to the parameters listed in
Tables A-l, A-2, A-3 and A-4 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
that 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.
TABLE A-1 .—MONITORING REQUIRE-
MENTS FOR GENERAL SAWMILLS AND
PLANNING MILLS FACILITIES
Pollutants of concern
Chemical Oxygen Demand ....
Total Suspended Solids ... .
Total Recoverable Zinc
Monitoring
cut-off con-
centration
120.0 mg/L
100 mg/L
0117 mg/L
TABLE A-2.—MONITORING REQUIRE-
MENTS FOR WOOD PRESERVING FA-
CILITIES
Pollutant of concern
Total Recoverable Arsenic
Total Recoverable Copper
Monitoring
cut-off con-
centration
0.1 6854 mg/L
0.0636 mg/L
TABLE A-3.—MONITORING FOR LOG
STORAGE AND HANDLING FACILITIES
Pollutant of concern
Total Suspended Solids
Monitoring
cut-off con-
centration
100 mg/L
TABLE A-4.—MONITORING REQUIRE-
MENTS FOR HARDWOOD DIMENSION
AND FLOORING MILLS; SPECIAL
PRODUCTS SAWMILLS, NOT ELSE-
WHERE CLASSIFIED; MILLWORK, VE-
NEER, PLYWOOD AND STRUCTURAL
WOOD; WOOD CONTAINERS; WOOD
BUILDINGS AND MOBILE HOMES; RE-
CONSTITUTED WOOD PRODUCTS;
AND WOOD PRODUCTS FACILITIES
NOT ELSEWHERE CLASSIFIED
Pollutants of concern
Chemical Oxygen Demand ....
Total Suspended Solids
Monitoring
cut-off con-
centration
120 mg/L
1 00 mg/L
(1) Monitoring Periods. Facilities
required to perform monitoring shall
monitor samples collected during the
sampling periods of: January through
March, April through June, July through
September, and October through
December for the years specified in
paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next monitoring period and
submit the data along with the data for
the routine sample in that period.
Adverse weather conditions that may
prohibit the collection of samples
include weather conditions that create
dangerous or inaccessible 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.).
(b) Low Concentration Waiver—When
the average concentration fora pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
A-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
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51129
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
grevention plan a description of the
jcation of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph (b) below, under penalty of
law, signed in accordance with Part
VH.G. (Signatory Requirements), that
material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products, industrial
machinery or operations, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b] below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
(b). Reporting. Permittees shall submit
monitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet to this permit.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), facilities engaged
in wood preservation and/or surface
protection 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 b
(above).
c. Quarterly Visual Examination of
Storm Water Quality. All timber
products facilities shall perform and
document a visual examination of a
storm water discharge associated with
industrial activity from each outfall,
except discharges exempted below. The
examination(s) must be made at least
once in each of the following three-
month periods: January through March,
April through June, July through
September, and October through
December. The examination shall be
made during daylight hours unless there
is insufficient rainfall or snow melt to
produce a runoff event.
(I) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of •
when the runoff or snowmelt begins
discharging. The examination shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for the entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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
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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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
B. Storm Water Discharges Associated
With Industrial Activity From Paper
And Allied Products Manufacturing
Facilities
1. Discharges Covered Under This
Section. The requirements listed under
this section shall apply to storm water
discharges from the following activities:
facilities engaged in the manufacture of
pulps from wood and other cellulose
fibers and from rags; the manufacture of
paper and paperboard into converted
products, such as paper coated off the
paper machine, paper bags, paper boxes
and envelopes; and establishments
primarily engaged in manufacturing
bags of plastic film and sheet. These
facilities are commonly identified by
Standard Industrial Classification (SIC)
Major Group 26.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions.
a. Prohibition of Non-storm Water
Discharges. There are no additional
requirements beyond those in Part III.A.
of this permit.
3. Storm Water Pollution Prevention
Plan Requirements.
a. Contents of Plan. The plan shall
include, at a minimum, the following
items:
(I) 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 that
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or that may •
result in the discharge of pollutants
during dry weather from separate storm
sewers draining the facility. Each plan
shall identify all activities and
significant materials that may
potentially be significant pollutant
sources. Each plan shall include, at a
minimum:
(a) Drainage.
(i) 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
XI.B.3.a.(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 and wastewaters, locations used
for the treatment, filtration, or storage of
water supplies, liquid storage tanks,
processing areas, and storage areas. The
map must indicate the outfall locations
and the types of discharges contained in
the drainage areas of the outfalls.
(H) 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 that 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 3
years prior to the date of submission of
a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives. The inventory of
exposed materials shall include, but
shall not be limited to the significant
materials stored exposed to storm water
and material management practices
employed that were listed for the
facility in the approved group
application.
(c) Spills 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 3 years prior to the date
of submission of a Notice of Intent (NOI)
to be covered under 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
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /Notices 51131
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 onsite waste
disposal practices, and wastewater
treatment activities to include sludge
drying, storage, application or disposal
activities. 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 that may contribute pollutants
to storm water discharges in a clean,
orderly manner. The plan shall describe
procedures performed to minimize
contact of materials with storm water
runoff. Examples include cleaning of
lots and roofs that collect debris; routine
cleaning of wastewater treatment, and
other xvaste disposal (such as sludge
handling) locations.
(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 that 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—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 follow-
up procedures shall be used to ensure
that appropriate actions are taken in
response to the inspections. Records of
Inspections 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. The
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.
(!) 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 onsite 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 that ,
receives the discharge. In such cases,
the source identification section of the
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph (iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2. 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.
(iii) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities that
begin to discharge storm water
associated with industrial activity after
[Insert date of permit issuance], 270
days after submitting an 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 that are not authorized by
an NPDES permit are unlawful, and
must be terminated.
(h) Sediment and Erosion Control— .
The plan shall identify areas that, 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 that 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 Part XI.B.3.a.(2)
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51.132
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
of this permit (Description of Potential
Pollutant Sources)] shall he 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); snow
management activities; infiltration
devices, and wet detention/retention
devices; screens or fences used to
protect dust and particulate collection
activities from wind or to minimize the
effects of wind on material loading and
storage, and processing activities to
eliminate or reduce windblown or
airborne pollutants; secondary
containment of storage areas such as
berms and dikes; diversionary structures
to direct storm water away from areas of
potential contamination; and tarpaulins,
roofs, or other coverings of outdoor
storage or industrial activities or other
equivalent measures.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but in no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity such as material
storage, handling, and disposal
activities 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with Part XI.B.3.a.(2) of
this permit (Description of Potential
Pollutant Sources) and pollution
prevention measures and controls
identified in the plan in accordance
with Part XI.B.3.a.(3) of this permit
(Measures and Controls) shall be revised
as appropriate within 2 weeks of such
evaluation and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
(4)(b) (above) of the permit shall be
made and retained as part of the storm
water pollution prevention plan for at
least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B. of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements.
During the period beginning [insert
date 1 year after permit issuance] lasting
through [insert date 2 years after permit
issuance] and the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance], permittees
with paperboard mills must monitor
their storm water discharges associated
with industrial activity at least quarterly
(4 times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Paperboard
mills are required to monitor their storm
water discharges for the pollutant of
concern listed in Table B-l below.
Facilities must report in accordance
with 5.b. (Reporting). In addition to the
parameters listed in Table B-l 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
that 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.
TABLE B-1 .—MONITORING
REQUIREMENTS
Pollutants of concern
Chemical Oxygen Demand
Cut-off con-
centration
120 mg/L
(1) Monitoring Periods. Paperboard
mills shall monitor samples collected
during the sampling periods of: January
through March, April through June, July
through September, and October
through December for the years
specified in paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—-When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include weather
conditions that create dangerous
conditions for personnel (such as local
flooding, high winds, hurricanes,
tornadoes, electrical storms, etc.) or
otherwise make the collection of a
sample impracticable (drought,
extended frozen conditions, etc.).
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51133
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
(insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
B—1 under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph (b) below, under penalty of
law, signed in accordance with Part
Vn.G. (Signatory Requirements), that
material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products, industrial
machinery or operations, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
• b. Reporting. Permittees with
paperboard mills shall submit
jmonitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report Form must be
submitted per storm event completed.
Signed copies of Discharge Monitoring
Reports, or said certifications, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office listed in
Part VI.G. of the fact sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), paperboard mills
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 b (above).
c. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described in (1), below] during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
(3) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
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weather conditions that may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricanes, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
(4) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
(5) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(6) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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.
C. Storm Water Discharges Associated
With Industrial Activity From Chemical
and Allied Products Manufacturing
Facilities
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges associated with industrial
activity from a facility engaged in
manufacturing the following products
and generally described by the SIC code
shown:
a. Basic industrial inorganic
chemicals (including SIC 281).
b. Plastic materials and synthetic
resins, synthetic rubbers, and cellulosic
and other humanmade fibers, except
glass (including SIC 282).
c. Soap and other detergents and in
producing glycerin from vegetable and
animal fats and oils; specialty cleaning,
polishing, and sanitation preparations;
surface active preparations used as
emulsifiers, wetting agents, and
finishing agents, including sulfonated
oils; and perfumes, cosmetics, and other
toilet preparations (including SIC 284).
d. Paints (in paste and ready-mixed
form); varnishes; lacquers; enamels and
shellac; putties, wood fillers, and
sealers; paint and varnish removers;
paint brush cleaners; and allied paint
products (including SIC 285).
e. Industrial organic chemicals
(including SIC 286).
/. Nitrogenous and phosphatic basic
fertilizers, mixed fertilizer, pesticides,
and other agricultural chemicals
(including SIC 287).
g. Industrial and household
adhesives, glues, caulking compounds,
sealants, and linoleum, tile, and rubber
cements from vegetable, animal, or
synthetic plastics materials; explosives;
printing ink, including gravure ink,
screen process ink, and lithographic;
miscellaneous chemical preparations,
such as fatty acids, essential oils, gelatin
(except vegetable), sizes, bluing, laundry
sours, writing and stamp pad ink,
industrial compounds, such as boiler
and heat insulating compounds, metal,
oil, and water treatment compounds,
waterproofing compounds, and
chemical supplies for foundries
(including facilities with SIC 289).
h. Ink and paints, including china
painting enamels, india ink, drawing
ink, platinum paints for burnt wood or
leather work, paints for china painting,
artists' paints and artists' water colors
(SIC 3952, limited to those listed).
i. Co-located, Industrial Activities.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Discharges Not Covered By This
Section
a. Storm water discharges from drug
manufacturing facilities and other
establishments classified as SIC Code
283.
3. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to those non-
storm water discharges prohibited under
section III. A. 2, this section does not
authorize the discharge of:
(1) Inks, paints, or substances ,
(hazardous, nonhazardous, etc.)
resulting from an onsite spill, including
materials collected in drip pans.
(2) Washwaters from material
handling and processing areas. This
includes areas where containers,
equipment, industrial machinery, and
any significant materials are exposed to
storm water.
(3) Washwaters from drum, tank, or
container rinsing and cleaning.
4. Storm Water Pollution Prevention
Plan Requirements
a. 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. The
team will be 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 plan.
(2) Description of Potential Pollutant
Sources. Each plan shall provide a
description of potential sources of
pollutants to storm water discharges and
sources of discharges of pollutants
during dry weather. Each plan shall
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51135
identify all activities and materials that
may be pollutant sources. Each plan
shall include, at a minimum:
(a) Drainage and Site Plan—A site
map shall be developed for the facility.
This map shall include, at a minimum:
the location of all structures
(manufacturing buildings, garages, etc.),
impervious areas, the location of each
storm water outfall and/or connection to
municipal storm sewer; types of
discharges included in each discharge;
an outline of the portions of the
drainage area of each outfall within the
facility boundaries and a prediction of
the direction of flow in each area; each
existing structural control measure to
reduce pollutants in storm water runoff;
surface water bodies; locations where
materials are exposed to precipitation;
and locations where major spills or
leaks identified under Part
XI.C.4.a.(2)(c) (below) of this permit
have occurred. The map shall also
indicate the locations of the following
outdoor activities: fueling stations;
vehicle and equipment maintenance
and/or cleaning areas; loading/
unloading areas; locations used for the
treatment, storage or disposal of wastes;
storage tanks and other containers;
processing and storage areas; access
roads, rail cars and tracks; the location
of transfer of substances in bulk; and
machinery.
(b) Inventory of Exposed Materials
and Management Practices—An
inventory of the types of materials
handled at the site that may be exposed
to precipitation shall be collected. Such
inventory shall include: a narrative
description of materials that have been
handled, treated, stored or disposed in
a manner to allow exposure to storm
water between the time of 3 years prior
to the date of the submission of a Notice
of Intent (NOI) to be covered under this
permit and the present; method and
location of onsite storage or disposal;
materials management practices
employed to minimize contact of
materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills and Leaks—A list of
significant spills and leaks of material
that occurred at areas that are exposed
to precipitation or that otherwise drain
to a storm water conveyance after the
date of 3 years prior to the date of
submission of a Notice of Intent (NOI)
to be covered under this permit. The list
shall be updated as appropriate to
include any significant spills and leaks
during the te_rm of the permit.
(d) Sampling Data—A summary of
existing storm water sampling data
describing pollutants discharged from
the facility, including a summary of
sampling data collected during the term
of this permit. In addition, the report of
monitoring data that is submitted to
EPA pursuant to Part VI. of this permit
shall be maintained with the pollution
prevention plan.
(e) Risk Identification and Summary
of Potential Pollutant Sources.
-, (i) A narrative description of the
potential pollutant sources from the
following: loading, unloading, and
transfer of chemicals; outdoor storage of
isalt, pallets, coal, drums, containers,
'fuels, or other materials; outdoor
manufacturing or processing activities;
significant dust or particulate generating
processes; fueling stations; vehicle and
equipment maintenance and/or cleaning
areas; locations used for the treatment,
storage or disposal (on or off site) of
wastes and wastewaters; storage tanks
and other containers; processing and
storage areas; access roads, rail cars and
tracks; the location of transfer of
substances in bulk; and machinery.
(ii) 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., chemical
oxygen demand, etc.) of concern shall
be identified.
(Hi) Factors to consider include:
quantity of chemicals used, produced or
discharged; the likelihood of contact
with storm water; and history of
significant leaks or spills. In addition,
flows with a significant potential for
causing erosion shall be identified.
(3) Measures and Controls. Each
|facih'ty 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
reasonable schedule for implementing
such controls:
(a) Nonstructural Controls.
(i) Good Housekeeping—Good
housekeeping requires that areas that
may contribute pollutants to storm
water discharges are maintained in a
clean, orderly manner. At a minimum,
the permittee shall:
(a) Schedule regular pickup and
disposal of garbage and waste materials,
or use other appropriate measures to
reduce the potential for the discharge of
storm water that has come into contact
with garbage or waste materials. This
schedule shall be included in the plan.
Individuals responsible for waste
management and disposal shall be
informed of the procedures established
under the plan.
(b) Routinely inspect for leaks and the
condition of drums, tanks and
containers. Ensure that spill cleanup
procedures are understood by
employees.
(c) Keep an up-to-date inventory of all
materials present at the facility. While
preparing the inventory, all containers
should be clearly labeled. Hazardous
containers that requires special
handling, storage, use and disposal shall
be clearly marked.
(d) Maintain clean ground surfaces.
(it) Preventive Maintenance—A
preventive maintenance program shall
be developed and shall involve timely
inspection and maintenance of storm
water management devices (e.g., oil/
water separators, catch basins, dikes,
storm sewer, basins, pipes). Also,
preventive maintenance includes
inspecting and testing facility
equipment and systems to uncover
conditions that could cause breakdowns
or failures, and ensuring appropriate
maintenance of such equipment and
systems.
(iii) Spill Prevention and Response
Procedures—Spill prevention and
response procedures shall be developed.
Areas where potential spills (that can
contribute pollutants to storm water
discharges) can occur and their
accompanying drainage points shall be
identified clearly in the storni 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
(e.g., absorbent materials) should be
available to personnel.
(iv) Inspections—Qualified personnel
shall conduct quarterly inspections. A
wet weather inspection (during a
rainfall event) shall be conducted in the
second (April to June) and third quarters
(July to September) of each year. A dry
weather inspection (no precipitation)
shall be conducted in the first (January
to March) and fourth quarters (October
to December). Such inspections shall be
documented and this documentation
shall be retained as part of the pollution
prevention plan. Changes based on the
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results of the quarterly inspections shall
be made in a timely manner.
(a) When a seasonal dry period is
sustained for more than 3 months, a dry
weather inspection will satisfy the wet
weather inspection requirement.
(b) All areas exposed to precipitation
at the facilities 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 or whether
additional control measures are needed.
Structural storm water management
measures (diking, berming, curbing,
sediment and erosion control measures,
stabilization'controls, etc.) required
under this section 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.
(v) 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,
material management practices and
procedures for equipment and container
cleaning and washing. The pollution
prevention plan shall identify periodic
dates for such training of at least once
per year.
(vi) 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.
(vii) Facility Security—Facilities shall
have the necessary security systems to
prevent accidental or intentional entry
that could cause a discharge. Security
systems described in the plan shall
address fencing, lighting, vehicular
traffic control, and securing of
equipment and buildings.
(b) Structural Practices—-The
potential of various sources at the
facility to contribute pollutants to storm
water discharges associated with
industrial activity [see Part XI.C.4.a.(2)
(Description of Potential Pollutant
Sources) of this permit] shall be
considered when determining
reasonable and appropriate structural
measures. The plan shall provide that
measures that the permittee determines
to be reasonable and appropriate shall •
be implemented and maintained.
(i) Practices for Material Handling
and Storage Areas—Permittees shall
ensure the implementation of practices
that conform with the following:
(a) In areas where liquid or powdered
materials are stored, facilities shall
provide either diking, curbing, berms, or
other appropriate measures to reduce
the potential of discharge of liquid or
powdered materials in storm water.
(b) In all other outside storage areas
including storage of used containers,
machinery, scrap and construction
materials, and pallets, facilities shall
prevent or minimize storm water runon
to the storage area by using curbing,
culverting, gutters, sewers or other
forms of drainage control.
(c) In all storage areas, roofs, covers or
other forms of appropriate protection
shall be used to prevent storage areas
from exposure to storm water and wind.
For the purpose of this paragraph, tanks
would be considered to be appropriate
protection.
(d) In areas where liquid or powdered
materials are transferred in bulk from
truck or rail cars, permittees shall
provide appropriate measures to
minimize contact of material with
precipitation. Permittees shall consider
providing for hose connection points at
storage containers to be inside
containment areas, and drip pans to be '
used in areas that are not in a
containment area, where spillage may
occur (e.g., hose reels, connection points
with rail cars or trucks) or equivalent
measures.
(e) In areas of transfer of contained or
packaged materials and loading/
unloading areas, permittee shall
consider providing appropriate
protection such as overhangs or door
skirts to enclose trailer ends at truck
loading/unloading docks or an
equivalent.
(f) Drainage from areas covered by
paragraph XI.G.4.a.(3)(b)(i) of this
section should be restrained by valves
or other positive means to prevent the
discharge of a spill or leak. Containment
units may be emptied by pumps or
ejectors; however, these shall be
manually activated.
(g) 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-or-closed
design. .
fnjlf facility drainage is not
engineered as above, the final discharge
point of all in-facility sewers should be
equipped to prevent or divert the
discharge, in the event of an
uncontrolled spill of materials, return
the spilled material to the facility.
(c) Management of Runoff—The plan
shall contain a description of storm
water management practices used and/
or to be used to divert, infiltrate, reuse,
or otherwise manage storm water runoff
in a manner that reduces pollutants in
storm water discharges from the site.
Appropriate measures may include:
vegetative swales, ripraps, reuse of
collected storm water (such as for a
process or as an irrigation source), inlet
controls (such as oil/water separators),
snow management activities, infiltration
devices, use of porous pavements, and
wet detention/retention devices.
(d) Sediment and Erosion Control—
The plan shall identify areas that, due
to topography, activities, or other
factors, have a potential for significant
soil erosion. Plans shall describe
permanent stabilization practices and
shall ensure that disturbed portions of
the site are stabilized. Stabilization
practices may include: permanent
seeding, mulching, geotextiles, sod
stabilization, vegetative buffer strips,
protection of trees, preservation of
mature vegetation, and other
appropriate measures.
(e) Non-storm Water Discharges.
(i) 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, die
evaluation criteria or testing method
used, the date of any testing and/or
evaluation, and the onsite 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 that
receives the discharge. In such cases,
the source identification section of the
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 widi paragraph (iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51137
listed in Partm.A.2. (Prohibition of
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.
(ill) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [insert date 270 days after
permit issuance] or, for facilities that
begin to discharge storm water
associated with industrial activity after
[insert date 270 days after permit
issuance] 180 days after submitting an
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 that are not
authorized by an NPDES permit are
unlawful, and must be terminated.
(4) Comprehensive Site Compliance
Evaluation. A member(s) of the
pollution prevention team or a qualified
professional designated by the team
shall conduct, at a minimum, annual
site compliance evaluations.
(a) Areas contributing to a storm
water discharge associated with
industrial activity such as material
storage and handling, loading and
unloading, process activities, and plant
yards 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, other structural pollution
prevention measures identified in the
plan, as well as process related
pollution control equipment shall be
observed or tested 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.
(o) Based on the results of the
evaluation, the description of potential
pollutant sources (see Part XI.C.4.a.(2))
and pollution prevention measures and
controls (see PartXI.C.4.a.(3)) identified
in the plan shall be revised as
appropriate within 2 weeks, of such
evaluation. In addition, it shall provide
for implementation of any changes to
the plan in a timely manner, but in no
case more than 12 weeks after the
evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
observations relating to the
implementation of the plan, and actions
taken in accordance with paragraph
XI.C.4.a.(4)(b) (above) shall be made and
retained as part of the plan for at least
3 years after the date of the evaluation.
The report shall also identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, the report shall contain
a certification that the facility is in
compliance with the plan and this
permit. The report shall be signed in
accordance with Part VII.G. (Signatory
Requirements) of this permit.
5. Numeric Effluent Limitations
In addition to the numeric effluent
limitations described by Part V.B. of this
permit, the following effluent
limitations shall be met by existing and
new discharges with:
a. Phosphate Fertilizer Manufacturing
Runoff. The provisions of this paragraph
are applicable to storm water discharges
from the Phosphate Subcategory of the
Fertilizer Manufacturing Point Source
Category (40 CFR 418.10). The term
contaminated storm water runoff shall
mean precipitation runoff, that during
manufacturing or processing, comes into
contact with any raw materials,
intermediate product, finished product,
by-products or waste product (40 CFR
418.11(c)). The concentration of
pollutants in storm water discharges
shall not exceed the effluent limitations
in Table C-l.
TABLE C-1.—NUMERIC EFFLUENT LIMITATIONS
Effluent characteristics
Total Phosphorus (as P)
Fluoride
Effluent limitations (mg/L)
Maximum
for any 1
day
105.0
75.0
Average of
daily values
for 30 con-
secutive
days shall
not exceed
35.0
25.0
6. Monitoring and Reporting
Requirements
o. Analytical Monitoring
Requirements.
During the period beginning [insert
date 1 year after permit issuance] lasting
through [insert date 2 years after permit
issuance] and the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance], permittees
with agricultural chemical
manufacturing facilities; industrial
inorganic chemical facih'ties; soaps,
detergents, cosmetics, and perfume
manufacturing facilities; and plastics,
synthetics, and resin manufacturing
facih'ties must monitor their storm water
discharges associated with industrial
activity at least quarterly (4 times per
year) during years 2 and 4 except as
provided in paragraphs 6.a.(3)
' (Sampling Waiver), 6.a.(4)
(Representative Discharge), and 6.a.(5)
' (Alternative Certification). Agricultural
chemical manufacturing facilities;
industrial inorganic chemical facilities;
soaps, detergents, cosmetics, and
perfume manufacturing facilities; and
plastics, synthetics, and resin
manufacturing facilities are required to
monitor their storm water discharges for
the pollutants of concern listed in
Tables C-2, C-3,
C-4, and C-5 below. Facilities must
report in accordance with 6.b.
(Reporting). In addition to the
parameters listed in Tables C-2, C-3,
C—4, and C—5 below, the permittee shall
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51138 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
provide the date and duration (in hours)
of the storm event(s) sampled; rainfall
measurements or estimates (in inches)
of the storm event that 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.
TABLE C-2.—AGRICULTURAL CHEMI-
CALS MONITORING REQUIREMENTS
Pollutants of concern
Nitrate plus Nitrite Nitrogen ....
Total Recoverable Lead
Total Recoverable Iron
Total Recoverable Zinc
Phosphorus
Cut-off con-
centration
0.68 mg/L
0.0816 mg/L
1.0 mg/L
0.117 mg/L
2.0 mg/L
TABLE C-3.—INDUSTRIAL INORGANIC
CHEMICALS MONITORING REQUIRE-
MENTS
Pollutants of concern
Total Recoverable Aluminum .
Total Recoverable Iron
Nitrate plus Nitrite Nitrogen ....
Cut-off con-
centration
0.75 mg/L
1 0 mg/L
0.68 mg/L
TABLE C-4.—SOAPS, DETERGENTS,
COSMETICS, AND PERFUMES MON-
ITORING REQUIREMENTS
Pollutants of concern
Nitrate plus Nitrite Nitrogen ....
Total Recoverable Zinc
Cut-off con-
centration
0.68 mg/L
0.117m!?/L
TABLE C-5.—-PLASTICS, SYNTHETICS,
AND RESINS MONITORING REQUIRE-
MENTS
Pollutants of concern
Total Recoverable Zinc 0.117 mg/L
Cut-off con-
centration
(1) Monitoring Periods. Agricultural
chemical manufacturing facilities;
industrial inorganic chemical facilities;
soaps, detergents, cosmetics, and
perfume manufacturing facilities; and
plastics, synthetics, and resin
manufacturing facilities shall monitor
samples collected during the sampling
periods of: January through March,
April through June, July through
September, and October through
December for the years specified in
paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include weather
conditions that create dangerous
conditions for personnel (such as local
flooding, high winds, hurricanes,
tornadoes, electrical storms, etc.) or
otherwise make the collection of a
sample impracticable (drought,
extended frozen conditions, etc.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
C-2 under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
hi industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed ,
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided tie discharger makes a
certification for a given outfall or on a
, pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph (b) below, 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, or significant
materials from past industrial activity
that are located in areas of the facility
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Federal Register / Vol. 60, No. 189 / Friday, September 29,1995 / Notices 51139
within the drainage area of the outfall
arc not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph b. below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b Reporting. Permittees with
agricultural chemical manufacturing
facilities; industrial inorganic chemical
facilities; soaps, detergents, cosmetics,
and perfume manufacturing facilities;
and plastics, synthetics, and resin
manufacturing facilities shall submit
monitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one Discharge Monitoring
Report Form must be submitted per
storm event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), agricultural
chemical manufacturing facilities;
industrial inorganic chemical facilities;
soaps, detergents, cosmetics, and
perfume manufacturing facilities; and
plastics, synthetics, and resin
manufacturing 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 b (above).
c. Compliance Monitoring
Requirements. In addition to the
monitoring required in paragraph 6a
(above), permittees with contaminated
storm water runoff from phosphate
fertilizer manufacturing facilities must
monitor their contaminated storm water
discharges for the presence of
. phosphorus and fluoride at least
! annually (one time per year). Facilities
must report in accordance with Part
XI.C.6.c.(2) (Reporting). In addition to
the parameters listed above, 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
:that 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;
(1) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
' sample shall be taken during the first 30
minutes of the discharge. If the
; collection of a grab sample during the
first 30 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 30
'minutes was impracticable.
(2) Reporting. Permittees with
phosphate fertilizer manufacturing
facilities shall submit monitoring results
obtained during the reporting period
beginning [insert date of permit
issuance] on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following [insert
month after permit issuance date]. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office indicated in
Part VLB. of this permit.
(3) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph (2) (above), permittees that
discharge 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 (3)
(above).
d. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each of the
following periods: January through
March; April through June; July through
September; and October through
December during daylight hours unless
there is insufficient rainfall or snow
melt to produce a runoff event.
(1) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The 'examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
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51140
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions that may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricanes, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
D. Storm Water Discharges Associated
With Industrial Activity From Asphalt
Paving and Roofing Materials and
Lubricant Manufacturers
1. Discharges Covered Under This
Section, a. This section of the permit
describes requirements for all existing
point source discharges of storm water
associated with industrial activity to
waters of the United States from
facilities engaged in manufacturing
asphalt paving and roofing materials,
including those facilities commonly
identified by Standard Industrial
Classification (SIC) codes 2951 and
2952.
b. This section of the permit describes
requirements for all existing point
source discharges of storm water
associated with industrial activity to
waters of the United States from
portable asphalt plant facilities (also
commonly identified by SIC code 2951).
c. This section of the permit describes
requirements for all existing point
source discharges of storm water
associated with industrial activity to
waters of the United States from
facilities engaged in manufacturing
lubricating oils and greases, including
those facilities classified as SIC code
2992,
d. When an industrial facility,
described by the above coverage
provisions of this section, has industrial
activities being conducted onsite that
meet the description(s) of industrial
activities in another section(s), that
industrial facility shall comply with any
and all applicable monitoring and
pollution prevention plan requirements
of the other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
e. Limitations on Coverage. The
following storm water discharges
associated with industrial activity are
not authorized by this section of the
permit:
(1) Storm water discharges from
petroleum refining facilities, including
those that manufacture asphalt or
asphalt products and that are classified
as SIC code 2911,
(2) Storm water discharges from oil
recycling facilities, and
(3) Storm water discharges associated
with fats and oils rendering.
2. Special Conditions, a. Prohibition
of Non-storm Water Discharges.
(1) There are no additional
prohibitions beyond those listed in
Section HI.A.2. of this permit.
3. Storm Water Pollution Prevention
Plan Requirements, a. 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 that
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or that may
result in the discharge of pollutants
during dry weather from separate storm
sewers draining the facility. Each plan
shall identify all activities and
significant materials that may
potentially be significant pollutant
sources. Each plan shall include, at a
minimum:
(a) Drainage.
(j) 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
XI.D.3.a.(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 including areas
where raw materials, finished products
and drums are stored. The map must
indicate the outfall locations and the
types of discharges contained in the
drainage areas of the outfalls.
(j'j) 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 that are likely to be present
in storm water discharges associated
with industrial activity. Factors to
consider include the toxicity of a
chemical; quantity of chemicals used,
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51141
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.
(&) Inventory of Exposed Materials—
An inventory of the types of materials
handled at the site that potentially may
bo 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(d) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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) Bisk 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 onsite 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
bo 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 that may contribute pollutants
to storm water discharges in a clean,
orderly manner. Particular attention
should be paid to areas where raw
materials are stockpiled, material
handling areas, storage areas, liquid
storage tanks, material handling areas,
', and loading/unloading areas.
(o) 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 that 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
'shouldbe available to personnel.
(d) Inspections—In addition to or as
part of the comprehensive site
evaluation required under XLD.3.a.(4) of
this section, qualified 'facility personnel
'shall be identified to inspect designated
equipment and areas of the facility at
appropriate intervals specified in the
plan. Material storage and handling
areas, liquid storage tanks, hoppers or
silos, vehicle and equipment
maintenance, cleaning, and fueling
areas, material handling vehicles,
equipment and processing areas shall be
inspected at least once per month as
part of the maintenance program. A set
of tracking or follow-up procedures
'shall be used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
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. The
pollution prevention plan shall identify
periodic dates for such training.
(fl 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.
(i) 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 onsite 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 that
receives the discharge. In such cases,
the source identification section of the
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.D.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (Prohibition of Non-
storm Water Discharges) of this permit
that are combined with storm water
discharges associated with industrial
activity must be identified in the plan.
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51142
Federal Register / Vol. 60, No. 18,9 / Friday, September 29, 1995 / Notices
The plan shall identify and ensure the
implementation of appropriate pollution
prevention measures for the non-storm
water component(s) of the discharge.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities that
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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 that are not
authorized by an NPDES permit are
unlawful, and must be terminated.
(h) Sediment and Erosion Control—
The plan shall identify areas that, 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 that 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 paragraph
XI.D.3.a.(2) of this section (Description
of Potential Pollutant Sources)] shall be
considered when determining
reasonable and appropriate measures.
Appropriate measures may include:
vegetated swales, reuse of collected
storm water (such as for a process or as
an irrigation source), inlet controls
(such as oil/water separators),
infiltration devices, and detention/
retention basins or other equivalent
measures.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but in no case less than once a
year. Evaluations shall be conducted at
least once at portable plant locations
that are not in operation for a complete
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity including; material
storage and handling areas, liquid
storage tanks, hoppers or silos, vehicle
and equipment maintenance, cleaning,
and fueling areas, material handling
vehicles, equipment and processing
areas, and areas where aggregate is
stockpiled outdoors 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, (e.g., oil/water
separators, detention ponds,
sedimentation basins or equivalent
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 dust
collection equipment and spill response
equipment, shall be made.
(b) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with XI.D.3.a.(2) of this
section (description of potential
pollutant sources) and pollution
prevention measures and controls
identified in the plan in accordance
with XI.D.3.a.(3) of this section
(measures and controls) shall be revised
as appropriate within 2 weeks of such
evaluation and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
later than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
(4)(b) (above) of the permit shall be
made and retained as part of the storm
water pollution prevention plan for at
least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 compliance evaluation
schedules overlap with inspections
required under XI.D.3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations. In
addition to the numeric effluent
limitations listed in Part V.B. of this
permit.discharges from areas where
production of asphalt paving and
roofing emulsions occurs may not
exceed a TSS concentration of 23.0 mg/
L of runoff for any 1 day, nor shall the
average of daily values for 30 executive
days exceed a TSS concentration of 15.0
mg/L of runoff. Oil and grease
concentrations in storm water
discharges from these areas may not
exceed 15.0 mg/L of runoff for any 1
day, nor should the average daily values
for 30 consecutive days exceed an oil
and grease concentration of 10.0 mg/L of
runoff. The pH of these discharges must
be within the range of 6.0 to 9.0.
5. Monitoring and Reporting
Requirements, a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with asphalt
paving and roofing materials .
manufacturing facilities (including
portable plants) must monitor their ,
storm water discharges associated with
industrial activity at least quarterly (4
times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Asphalt
paving and roofing materials
manufacturing facilities are required to
monitor their storm water discharges for
the pollutant of concern listed in Table
D—1 below. Facilities must report in
accordance with 5.b. (Reporting). In
addition to the parameters listed in
Table D-l 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 that 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.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51143
TABLE D-1.—MONITORING
REQUIREMENTS
Pollutants of concern
Total Suspended Solids
Cut-off con-
centration
100mg/L
(1) Monitoring Periods. Asphalt
paving and roofing materials
manufacturing facilities shall monitor
samples collected during the sampling
periods of: January through March,
April through June, July through
September, and October through
December for the years specified in
paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include weather
conditions that create dangerous
conditions for personnel (such as local
flooding, high winds, hurricanes,
tornadoes, electrical storms, etc.) or
otherwise make the collection of a
sample impracticable (drought,
extended frozen conditions, etc.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
B—1 under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph (b) below, 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, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements in part
XI.D.S.c of this permit associated with
effluent limitations.
b. Reporting. Permittees with asphalt
paving and roofing materials
manufacturing facilities shall submit
monitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report Form must be
submitted per storm event completed.
Signed copies of Discharge Monitoring
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51144 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
Reports, or said certifications, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office listed in
Part VI.G. of the fact sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), asphalt paving and
roofing materials manufacturing
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 b
(above).
c. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described in (1), below] during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of evaluating storm water
quality associated with storm water
runoff or snow melt: January through
March; April through June; July through
September; and October through
December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for the life of the permit.
(3) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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.
(5) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation on site with the results
of the visual examination. Adverse
weather conditions that may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricanes, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
d. Compliance Monitoring
Requirements. Permitters with facilities
that produce asphalt paving or roofing
emulsions must monitor their storm
water discharges associated with these
activities for the presence of TSS, oil
and grease, and for pH at least annually
(one time per year). Facilities must
report in accordance with 5.d.(2)
(reporting), hi addition to the
parameters listed above, 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 that 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.
(1) Sample Type. A minimum of one
grab sample shall be taken. 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 30 minutes of the
discharge. If the collection of a grab
sample during the first 30 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 30 minutes was impracticable.
(2) Reporting. Permittees with asphalt
paving or roofing emulsion production
facilities shall submit monitoring results
obtained during the reporting period
beginning [insert date of permit
issuance] on Discharge Monitoring
Report Form(s) postmarked no later than
the last day of the following [insert
month after permit issuance date].
Signed copies of Discharge Monitoring
Reports shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office indicated in Part VLB. of this
permit. For each outfall one Discharge
monitoring form shall be submitted per
storm event sampled.
(3) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph (2) (above), permittees that
discharge 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 (3)
(above).
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51145
E. Storm Water Discharges Associated
With Industrial Activity From Glass,
Clay, Cement, Concrete, and Gypsum
Product Manufacturing Facilities
1. Discharges Covered Under This
Section. The requirements listed under
this section shaft apply to storm water
discharges from the following activities:
manufacturing flat, pressed, or blown
glass or glass containers; manufacturing
hydraulic cement; manufacturing clay
products including tile and brick;
manufacturing of pottery and porcelain
electrical supplies; manufacturing
concrete products; manufacturing
gypsum products; nonclay refractories;
and grinding or otherwise treating
minerals and earths. This section
generally includes the following types
of manufacturing operations: flat glass,
(SIC code 3211); glass containers, (SIC
code 3221); pressed and blown glass,
not elsewhere classified, (SIC code
3229); hydraulic cement, (SIC code
3241); brick and structural clay tile, (SIC
code 3251); ceramic wall and floor tile,
(SIC code 3253); clay refractories, (SIC
code 3255); structural clay products not
elsewhere classified (SIC code 3259);
vitreous china table and kitchen articles
(SIC code 3262); fine earthenware table
and kitchen articles (SIC code 3263);
porcelain electrical supplies, (SIC code
3264); pottery products, (SIC code
3269); concrete block and brick, (SIC
code 3271); concrete products, except
block and brick (SIC code 3272); ready-
mix concrete, (SIC code 3273); gypsum
products, (SIC code 3275); minerals and
earths, ground or otherwise treated, (SIC
code 3295); and nonclay refractories,
(SIC code 3297).
Facilities engaged, in the following
activities are not eligible for coverage
under this section: lime manufacturing
(SIC 3274); cut stone and stone products
(SIC 3281); abrasive products (SIC
3291); asbestos products (SIC 3292);
mineral wool and mineral wool
insulation products (SIC 3296).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description^) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other scction(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions, a. Prohibition
of Non-storm Water Discharges. The
discharge of pavement washwaters are
only authorized where the permittee has
minimized the presence of spilled
materials in accordance with part
XI.E.3.a.(3).(a).(i) of this permit.
3. Storm Water Pollution Prevention
Plan Requirements, a. 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 that
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or that may
result in the discharge of pollutants
during dry weather from separate storm
sewers draining the facility. Each plan
shall identify all activities and
significant materials that may
potentially be significant pollutant
sources. Each plan shall include, at a
minimum:
(a) Drainage.
(i) 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
XI.E.3.a.(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. Facilities shall
also identify, on the site map, the
location of any: bag house or other dust
control device; recycle/sedimentation
pond, clarifier or other device used for
the treatment of process wastewater and
the areas that drain to the treatment
device. The map must indicate the
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls.
(ii) 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 that 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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
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51146
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
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 onsite 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., Total
Suspended Solids (TSS), 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 that may contribute pollutants
to storm water discharges in a clean,
orderly manner.
(.i) Facilities shall prevent or minimize
the discharge of spilled cement,
aggregate (including sand or gravel),
kiln dust, fly ash, settled dust other
significant materials in storm water
from paved portions of the site that are
exposed to storm water. Measures used
to minimize the presence of these
materials may include regular sweeping,
or other equivalent measures. The plan
shall indicate the frequency of sweeping
or other measures. The frequency shall
be determined based upon
consideration of the amount of
industrial activity occurring in the area
and frequency of precipitation, but shall
not be less than once per week when
cement, aggregate, kiln dust or fly ash
are being handled or otherwise
processed in the area.
(ii) Facilities shall prevent the
exposure of fine granular solids such as
cement, fly ash, and kiln dust to storm
water. Where practicable, these
materials shall be stored in enclosed
silos, hoppers or buildings, in covered
areas, or under covering.
(b) Preventive Maintenance—A
preventive maintenance program shall
involve routine 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 that 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—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility specified in the plan. The
inspection frequency shall be specified
in the plan based upon a consideration
of the level of industrial activity at the
facility, but shall be a minimum of once
per month while the facility is in
operation. The inspection shall take
place while the facility is in operation
and shall at a minimum include all of
the following areas that are exposed to
storm water at the site: material
handling areas, above ground storage
tanks, hoppers or silos, dust collection/
containment systems, truck wash down
and equipment cleaning areas. Tracking
or follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections 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,
truck wash out procedures, equipment
wash down procedures and material
management practices. The 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.
(i) 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 onsite 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 that
receives the discharge. In such cases,
the source identification section of the
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XLE.3.a.(3)(g)(iii) (below).
Facilities engaged in production of
ready-mix concrete, concrete block,
brick or other products shall include in
the certification a description of
measures that insure that process waste
water that results from washing of
trucks, mixers, transport buckets, forms
or other equipment are discharged in
accordance with NPDES requirements
or are recycled. Facilities with wash
water recycle ponds shall include an
estimate of the amount of rainfall (in
inches) required to cause the recycle
pond to overflow in a 24-hour period.
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part IH.A.2 (Prohibition of 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities that
begin to discharge storm water
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51147
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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 that are not
authorized by an NPDES permit are
unlawful, and must be terminated.
(i) Sediment and Erosion Control—
The plan shall identify areas that, 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.
(!) Management of Runoff—the plan
shall contain a narrative consideration
of the appropriateness of traditional
storm water management practices
(practices other than those that 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 paragraph
XI.E.3,a.(2) of this section (Description
of Potential Pollutant Sources)] 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),
snow management activities, infiltration
devices, and wet detention/retention
devices or other equivalent measures.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but, in no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity including but not
limited to: material handling areas,
above ground storage tanks, hoppers or
silos, dust collection/containment
systems, truck wash down and
equipment cleaning areas 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 such as recycle ponds,
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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
,XI.E.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.E.3.a.(3)
• of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
•• the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution preventi'on plan, and actions
taken in accordance with paragraph
jq.E,3.a.(4)(b) (above) of the permit shall
be made and retained as part of the
storm water pollution prevention plan
for at least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
, (a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
. conducted in place of one such
inspection.
4. Numeric Effluent Limitations
In addition to the numeric effluent
'limitations described by Part V.B, the
following limitations shall be met by
' existing and new dischargers.
a. Cement Manufacturing Facility,
Material Storage Runoff. Any discharge
composed of runoff that derives from
the storage of materials including raw
materials, intermediate products,
finished products, and waste materials
that are used in or derived from the
manufacture of cement shall not exceed
a maximum concentration for any time
of 50 mg/L Total Suspended Solids
(TSS) nor the 6.0 to 9.0 range limitation
for pH. Runoff from the storage piles
shall not be diluted with other storm
water runoff or flows to meet this
limitation. Any untreated overflow from
facilities designed, constructed and
operated to treat the volume of material
storage pile runoff that is associated
with a 10-year, 24-hour rainfall event
shall not be subject to the TSS or pH
limitations. Dischargers subject to these
numeric effluent limitations must be in
compliance with these limits upon
commencement of coverage and for the
entire term of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees that manufacture
clay products and concrete products
and gypsum products must monitor
their storm water discharges associated
with industrial activity at least quarterly
(4 times per year during years 2 and 4)
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification).
Clay product manufacturers include;
brick and structural clay tile
manufacturers (SIC 3251), ceramic wall
and floor tile manufacturers (SIC 3253),
clay refractories (SIC 3255),
manufacturers of structural clay
products, not elsewhere classified (SIC
3259), manufacturers of vitreous china
table and kitchen articles (SIC 3232),
manufacturers of fine earthenware table
and kitchen articles (SIC 3263),
manufacturers of porcelain electrical
supplies (SIC 3264), pottery products
(SIC 3269) and non-clay refractories
(3297). Facilities with these industrial
activities must monitor for the pollutant
listed in Table E-l.
Concrete and gypsum product
manufacturers include concrete block
and brick manufacturers (SIC 3 2 71),
concrete products manufacturers (SIC
3272), ready mix concrete
manufacturers (SIC 3273), gypsum
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51148
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
product manufacturers (SIC 3275) and
manufacturers of mineral and earth
products (SIC 3295). Facilities with
these industrial activities must monitor
for the pollutant listed in Table E-2.
Facilities must report in accordance
with 5.b. (Reporting). In addition to the
parameters listed in Tables E-l and E-
2 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 that 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.
TABLE E-1 .—MONITORING REQUIRE-
MENTS FOR CLAY PRODUCT MANU-
FACTURERS
Pollutants of concern
Total Recoverable Aluminum
Monitoring
cut-off con-
centration
0.75 mg/L
TABLE E-2.—MONITORING REQUIRE-
MENTS FOR CONCRETE AND GYPSUM
PRODUCT MANUFACTURERS
Pollutants of concern
Total Suspended Solids (TSS) ...
Total Recoverable Iron
Monitoring
cut-off con-
centration
100 mg/L
1.0 mg/L
(1) Monitoring Periods. Facilities
subject to analytical monitoring
requirements described in part XI.E.S.a,
shall monitor samples collected during
the sampling periods of: January to
March, April to June, July to September,
and October to December for the years
specified in paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or non-process water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
E-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to tlie
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall, on
pollutant by pollutant basis in lieu of
monitoring reports required by
paragraph (b) below, 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, or- significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51149
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations. EPA does not
expect facilities to be able to exercise
this certification for indicator
parameters, such as TSS and BOD.
(b) Reporting. Permittees with
monitoring requirements under Part
XI.E.S.a. shall submit monitoring results
for each outfall associated with
industrial activity [or a certification in
accordance with Sections (3), (4), or (5)
above] obtained during the reporting
period beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following March [insert the date 2
years after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report Form must be
submitted for each event sampled.
Signed copies of Discharge Monitoring
Reports, or said certifications, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office h'sted in
Part VI.G. of the fact sheet to this
permit.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), facilities with
monitoring requirements under Part
XI.E.S.a. 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 b
(above).
c. Quarterly Visual Examination of
Storm Water Quality. Glass, clay,
cement, concrete, and gypsum
manufacturing facilities shall perform
and document a visual examination of
a siorm water discharge associated with
industrial activity from each outfall,
except discharges exempted below. The
examination(s) must be made at least
onco in each of the following three-
month periods: January through March,
April through June, July through
September, and October through
December. The examination shall be
made during daylight hours unless there
is insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the evaluation
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
d. Compliance Monitoring
Requirements. Permittees with cement
manufacturing facilities must monitor
runoff from material storage for the
presence of TSS and pH at least
annually (one time per year). Facilities
must report in accordance with 5.d.(2)
below (reporting). In addition to the
parameters listed above, 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 that 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.
(1) Sample Type. A minimum of one
grab sample shall be taken. 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 30 minutes of the
discharge. If the collection of a grab
sample during the first 30 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 30 minutes was impracticable.
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(2) Reporting. Permittees, with
material storage runoff from cement
manufacturing facilities shall submit
monitoring results obtained during the
reporting period beginning [insert date
of permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following [insert month after permit
issuance date]. Signed copies of
Discharge Monitoring Reports shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office indicated in
Part VLB. of this permit. For each
outfall, one signed Discharge
Monitoring Report form shall be
submitted for each storm event sampled.
(3) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph (2) (above), permittees with
discharges of material storage runoff
from cement manufacturing facilities
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 5.d.(3) (above).
F. Storm Water Discharges Associated
With Industrial Activity From Primary
Metals Facilities
1. Discharges Covered Under This
Section
The requirements listed under this
section of today's permit shall apply to
storm water discharges from the primary
metal industry, which includes the
following types of facilities:
a. Steel works, blast furnaces, and
rolling and finishing mills including:
steel wiredrawing and steel nails and
spikes; cold-rolled steel sheet, strip, and
bars; and steel pipes and tubes (SIC
code 331).
b. Iron and steel foundries, including:
gray and ductile iron, malleable iron,
steel investment, and steel foundries not
elsewhere classified (SIC code 332).
c. Primary smelting and refining of
nonferrous metals, including: primary
smelting and refining of copper, and
primary production of aluminum (SIC
code 333).
d. Secondary smelting and refining of
nonferrous metals (SIC code 334).
e. Rolling, drawing, and extruding of
nonferrous metals, including: rolling,
drawing, and extruding of copper;
rolling, drawing, and extruding of
nonferrous metals, except copper and
aluminum; and drawing and insulating
of nonferrous wire (SIC code 335).
/. Nonferrous foundries (castings),
including: aluminum die-castings,
nonferrous die-castings, except
aluminum, aluminum foundries, copper
foundries, and nonferrous foundries,
except copper and aluminum (SIC code
336).
g. Miscellaneous primary metal
products, not elsewhere classified,
including: metal heat treating, and
primary metal products, not elsewhere
classified (SIC code 339).
Activities covered include, but are not
limited to, storm water discharges
associated with coking operations,
sintering plants, blast furnaces, smelting
operations, rolling mills, casting
operations, heat treating, extruding,
drawing, or forging of all types of
ferrous and nonferrous metals, scrap,
and ore.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of .this permit (if any) are
applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. There are no additional
requirements beyond those described in
Part III.A.2. of this permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 that
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or that may
result in the discharge of pollutants
during dry weather from separate storm
sewers draining the facility. Each plan
shall identify all activities and
significant materials that may
potentially be significant pollutant
sources. Each plan shall include, at a
minimum;
(a) Drainage.
(i) 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
XI.F.3.a.(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 such as spent solvents or baths,
sand, slag or dross, liquid storage tanks
or drums, processing areas including
pollution control equipment such as
baghouses, and storage areas of raw
materials such as coal, coke, scrap,
sand, fluxes, refractories, or metal in
any form. The map shall also indicate
areas of the facility where accumulation
of significant amounts of particulate
matter from operations such as furnace
or oven emissions or losses from coal/
coke handling operations, etc., is likely,
and could result in a discharge of
pollutants to waters of the United
States. The map must indicate the'
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls.
(ii) 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 that are likely to be present
in storm water discharges associated
with industrial activity. Factors to
consider include the toxicity of a
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. ,
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51151
(b) Inventory of Exposed Materials—
An. inventory of the types of materials
handled at the site that potentially may
bo 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the tune of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives. This description
should also include areas with the
potential for deposition of particulate
matter from process ah- emissions or
losses during material handling
activities. The description shall be
updated whenever there is a significant
change in the type or quantity of
exposed materials, or material
management practices, that may affect
the exposure of materials to storm
water.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 occurring indoors
or out, with or without pollution control
equipment in place to trap particulates;
and onsite 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., chemical oxygen demand, oil and
grease, copper, lead, zinc, 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 that may contribute pollutants
to storm water discharges in a clean,
orderly manner. The pollution
prevention plan should consider
implementation of the following
measures, or equivalent measures,
where applicable.
(i) Establish a cleaning or
maintenance program for all impervious
areas of the facility where particulate
matter, dust, or debris may accumulate,
particularly areas of material loading/
unloading, material storage and
handling, and processing.
(U) Pave areas of vehicle traffic or
material storage where vegetative or
other stabilization methods are not
practical. Institute sweeping programs
in these areas as well.
(Hi) For unstabilized areas of the
facility where sweeping is not practical,
storm water management devices such
as sediment traps, vegetative buffer
strips, filter fabric fence, sediment
filtering boom, gravel outlet protection,
or other equivalent measures, that
effectively trap or remove sediment
should be considered.
(b) Source Controls—The permittee
shall consider preventive measures to
minimize the potential exposure of all
significant materials (as described in
Part XLF.3.a.(3) of this section) to
precipitation and storm water runoff.
The permittee should consider the
implementation of the following
measures, or equivalent measures, to
reduce the exposure of all materials to
storm water:
(i) Relocating all materials, including
raw materials, intermediate products,
material handling equipment, obsolete
equipment, and wastes currently stored
outside to inside locations.
(ii) Establishment of a schedule for
removal of wastes and obsolete
equipment to minimize the volume of
these materials stored onsite that may be
exposed to storm water.
(Hi) Substitution of less hazardous
materials, or materials less likely to
contaminate storm water, or substitution
of recyclable materials for
nonrecyclables wherever possible.
(iv) Constructing permanent or
semipermanent covers, or other similar
forms of protection over stockpiled
materials, material handling and
processing equipment. Options include
roofs, tarps, and covers. This may also
include the use of containment bins or
covered dumpsters for raw materials,
waste materials and nonrecyclable
waste materials.
(v) Dikes, berms, curbs, trenches, or
other equivalent measures to divert
runon from material storage, processing,
or waste disposal areas.
(c) 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.
(i) A schedule for inspection and
maintenance of all particulate emissions
control equipment should be
established to ensure proper operation.
Inspections should be conducted as
described in Section XI.F.3.a.(3)(e)
below. Detection of any leaks or defects
that could lead to excessive emissions
shall be repaired as soon as practicable.
Where significant settling or deposition
from process emissions are observed
during proper operation of existing
equipment, the permittee shall consider
ways to reduce these emissions
including but not limited to: upgrading
or replacing existing equipment;
collecting runoff from areas of
deposition for treatment or recycling; or
changes in materials or processes to
reduce the generation of particulate
matter.
(ii) Structural Best Management
Practices (BMPs) will be visually
inspected for signs of washout,
excessive sedimentation, deterioration,
damage, or overflowing, and shall be
repaired or maintained as soon as
practicable.
(d) Spill Prevention and Response
Procedures—Areas where potential
spills that can contribute pollutants to
storm water discharges may occur, and
their accompanying drainage points
shall be identified clearly in the storm
water pollution prevention plan. Where
appropriate, specifying material
handling procedures, storage
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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.
(e) Inspections—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility at appropriate intervals, but no
less frequently than once during each of
the following periods: January through
March; April through June; July through
September; and October through
December. A set of tracking or follow-
up procedures shall be used to ensure
that appropriate actions are taken in
response to the inspections. Records of
inspections shall be maintained.
Inspections shall be conducted on a
quarterly basis and address, at a
minimum, the following areas where
applicable:
(i) Air pollution control equipment
such as baghouses, electrostatic
precipitators, scrubbers, and cyclones,
should be inspected on a routine basis
for any signs of disrepair such as leaks,
corrosion, or improper operation that
could limit their efficiency and lead to
excessive emissions. The permittee
should consider monitoring air flow at
inlets and outlets, or equivalent
measures, to check for leaks or blockage
in ducts. Visual inspections shall be
made for corrosion, leaks, or signs of
particulate deposition or visible
emissions that could indicate leaks.
(ii) All process or material handling
equipment such as conveyors, cranes,
and vehicles should be inspected for
leaks, drips, etc. or for the potential loss
of materials.
(iii) Material storage areas such as
piles, bins or hoppers for storing coke,
coal, scrap, or slag, as well as chemicals
stored in tanks or drums, should be
examined for signs of material losses
due to wind or storm water runoff.
(fl 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. The
pollution prevention plan shall identify
periodic dates for such training.
(g) 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.
(h) Non-storm Water Discharges,
(i) Certification. 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 onsite drainage
points that were directly observed
during the test. Certifications shall be
signed in accordance with Part VH.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 that
receives the discharge. In such cases,
the source identification section of the
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.F.3.a.(3)(h)(iii) (below).
(ii) Exceptions. Except for flows from
fire fighting activities, sources of non-
storm water listed in Part III.A.2.
(Prohibition of 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.
(iii) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities that
begin to discharge storm water
associated with industrial activity after
[Insert 270 days after permit issuance],
180 days after submitting an 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 that are not authorized by
an NPDES permit are unlawful, and
must be terminated.
(i) Sediment and Erosion Control—
The plan shall identify areas that, 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. The plan shall also
contain a narrative consideration of the
appropriateness of traditional storm
water management practices (practices
other than those that 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 paragraph
XI.F.3.a.(2) of this section (Description
of Potential Pollutant Sources) 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),
snow management activities, infiltration
devices, and wet detention/retention
devices or other equivalent measures.
(i) Management of Runoff—Facilities
shall consider implementation of the
following storm water management
practices or other equivalent measures
to address pollutants of concern:
(i) Vegetative buffer strips, filter fabric
fence, sediment filtering boom, or other
. equivalent measures, that effectively
trap or remove sediment prior to
discharge through an inlet or catch
basin.
(ii) Media filtration such as catch
basin filters and sand filters.
(iii) Oil/water separators or the
equivalent.
(iv) Structural BMPs such as settling
basins, sediment traps, retention or
detention ponds, recycling ponds or
other equivalent measures.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
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appropriate intervals specified in the
plan but in no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity such as material
storage and handling, loading and
unloading, process activities, and plant
yards 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, other structural pollution
prevention measures identified in the
plan, as well as process related
pollution control equipment shall be
observed or tested 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.F.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.F.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the- evaluation.
(c) A report summarizing the scope of
tho evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.F.3.a.(4)(b) (above) of the permit shall
be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 Vn.G. (Signatory
Requirements) of this permit.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(e), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional effluent
limitations beyond those described in
Part V.B. of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with primary
metals facilities identified by SIC codes
331, 332, 335, and 336 must monitor
their storm water discharges associated
with industrial activity at least quarterly
(4 times per year during the second and
fourth year of coverage) except as
provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Primary
metals facilities are required to monitor
their storm water discharges for the
pollutants of concern listed in Tables F—
1, F-2, F-3, and F-4 below. Facilities
must report in accordance with 5.b.
(Reporting). In addition to the
parameters listed in Tables F—1 through
F—4 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 that 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.
TABLE F-1.—STEEL WORKS, BLAST
FURNACES, AND ROLLING AND FIN-
ISHING MILLS (SIC 331) MONITOR-
ING REQUIREMENTS
TABLE F-2.—IRON AND STEEL FOUND-
RIES (SIC 332) MONITORING RE-
QUIREMENTS—Continued
Pollutants of concern
Total Recoverable Aluminum
Total Recoverable Zinc
Monitoring
cut-off con-
centration
0.75 mg/L
0.117mg/L
TABLE F-2.—IRON AND STEEL FOUND-
RIES (SIC 332) MONITORING RE-
QUIREMENTS
Pollutants of concern
Total Recoverable Aluminum
Monitoring
cut-off con-
centration
Pollutants of concern
Total Suspended Solids
Total Recoverable Copper
Total Recoverable Iron
Total Recoverable Zinc
Monitoring
cut-off con-
centration
1 00 mg/L
0.0636 mg/L
1 mg/L
0117 me/L
TABLE F-3.—ROLLING, DRAWING, AND
EXTRUDING OF NON-FERROUS MET-
ALS (SIC 335) MONITORING RE-
QUIREMENTS
Pollutants of concern
Total Recoverable Copper.
Total Recoverable Zinc
Monitoring
cut-off con-
centration
0.0636 mg/L
0.117 mg/L
TABLE F-4.—NON-FERROUS FOUND-
RIES (SIC 336) MONITORING RE-
QUIREMENTS
Pollutants of concern
Total Recoverable Copper
Total Recoverable Zinc
Monitoring
cut-off con-
centration
0.0636 mg/L
0.117 mg/L
0.75 mg/L
(1) Monitoring Periods. Primary
metals facilities shall monitor samples
collected during the sampling periods
of: January through March, April
through June, July through September,
and October through December for the
years specified in paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
internal may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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
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a grab sample during the first 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
F-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph (b) below, under penalty of
law, signed in accordance with Part
VH.G. (Signatory Requirements), that
material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products, industrial
machinery or operations, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (i>) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. The certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees with primary
metals facilities shall submit monitoring
results for each outfall associated with
industrial activity [or a certification in
accordance with Sections (3), (4), or (5)
above] obtained during the reporting
period beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following March [insert the date 2
years after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one Discharge Monitoring
Report Form must be submitted per
storm event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), primary metals
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 b
(above).
c. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described in (1) below] during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snow melt begins
discharging. The examinations shall
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51155
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(3) Visual examination reports must
be maintained onsite in the pollution
Erevention plan. The report shall
iclude the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan, a description
of the location of the outfalls and
explains 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.
(S) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions that may prohibit
the collection of samples include
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 (e.g., drought,
extended frozen conditions, etc.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
G. Storm Water Discharges Associated
With Industrial Activity From Metal
Mining (Ore Miningand Dressing)
Facilities
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges from active and inactive
metal mining and ore dressing facilities
(Standard Industrial Classification (SIC)
Major Group 10) if the storm water has
come into contact with, or is
contaminated by, any overburden, raw
material, intermediate product, finished
product, byproduct, or waste product
located on the site of the operation. SIC
Major Group 10 includes establishments
primarily engaged in mining,
developing mines, or exploring for
metallic minerals (ores) and also
includes all ore dressing and
beneficiating operations, whether
performed at mills operated in
conjunction with the mines served or at
mills, such as custom mills, operated
separately. For the purposes of this part
of the permit, the term "metal mining"
includes all ore mining and/or dressing
and beneficiating operations, whether
performed at mills operated in
conjunction with the mines served or at
mills, such as custom mills, operated
separately. All storm water discharges
from inactive metal mining facilities
and the storm water discharges from the
following areas of active, and
temporarily inactive, metal mining
facilities are the only discharges covered
by this section of the permit: topsoil
piles; offsite haul/access roads if off
active area; onsite haul roads if not
constructed of waste rock or if spent ore
and mine water is not used for dust
control; runoff from tailings dams/dikes
when not constructed of waste rock/
tailings and no process fluids are
present; concentration building, if no
contact with material piles; mill site, if
no contact with material piles; chemical
storage area; docking facility, if no
excessive contact with waste product;
explosive storage; reclaimed areas
released from reclamation bonds prior
to December 17, 1990; and partially/
inadequately reclaimed areas or areas
not released from reclamation bonds.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
a. Limitations on Coverage. The
following storm water discharges
associated with industrial activity are
not authorized by this permit:
( 1 ) Discharges from active metal
mining facilities that are subject to the
effluent limitation guidelines for the Ore
Mining and Dressing Point Source Point
Source Category (40 CFR Part 440).
Coverage under this permit does not
include adit drainage or contaminated
springs or seeps at active facilities,
temporarily inactive facilities, or
inactive facilities. Also see Limitations
on Coverage, Part I.E. 3.
(2) Storm water discharges associated
with an 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.
(3) Storm water discharges associated
with industrial activity from inactive
mining operations occurring on Federal
lands where an operator cannot be
identified.
2. Special Definitions
The following definitions are only for
this section of today's permit and are
not intended to supersede the
definitions of active and inactive mining
facilities established by 40 CFR
"Active Metal Mining Facility" is a
place where work or other related
activity to the extraction, removal, or
recovery of metal ore is being
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conducted. With respect to surface
mines, an "active metal mining facility"
does not include any area of land on or
in which grading has been completed to
return the earth to a desired contour and
reclamation work has begun.
"Inactive Metal Mining Facility"
means a site or portion of a site where
metal mining and/or milling activities
occurred in the past but is not an active
metal mining facility, as defined in this
permit and that portion of the facility
does not have an active mining permit
issued by the applicable (federal or
state) governmental agency.
"Temporarily Inactive Metal Mining
Facility" means a site or portion of a site
where metal mining and/or milling
activities occurred in the past, but
currently are not being actively
undertaken, and the facility has an
active mining permit issued by the
applicable (federal or state) government
agency that authorizes mining at the
site.
3. Storm Water Pollution Prevention
Plan Requirements
a. Contents of Plan for Active and
Temporarily Inactive Metal Mining
Facilities. The plan shall include, at a
minimum, the following items:
(1) Pollution Prevention Team.
Identification of 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 Mining Activities. A
description of the mining and associated
activities taking place at the site that
affect or may affect storm water runoff
intended to be covered by this permit.
The description shall report the total
acreage within the mine site, an
estimate of the number of acres of
disturbed land and an estimate of the
total amount of land proposed to be
disturbed throughout the life of the
mine. A general description of the
location of the mining site relative to
major transportation routes and
communities shall also be provided.
(3) Description of Potential Pollutant
Sources. A description of potential
sources that may reasonably be expected
to add significant amounts of pollutants
(including sediment) to storm water
discharges or that may result in the
discharge of pollutants during dry
weather. Each description shall identify
all activities and significant materials
that may potentially be significant storm
water pollutant sources from the active
mining activity (see Part XI.G.l.),
including, at a minimum:
(a) Drainage.
(i) A site topographic map that
indicates, at a minimum: mining/
milling site boundaries and access and
haul roads; the location of each storm
water outfall and an outline of the
portions of the drainage area that are
within the facility boundaries;
equipment storage, fueling and
maintenance areas; materials handling
areas; storage areas for chemicals and
explosives; areas used for storage of
overburden, materials, soils or wastes;
location of mine drainage (where water
leaves mine) or any other process water;
tailings piles/ponds, both proposed and
existing; heap leach pads; points of
discharge from the property for mine
drainage or any other process water;
springs, streams, wetlands and other
surface waters; and boundary of
tributary areas that are subject to
effluent limitations guidelines. In
addition, the map must indicate the
types of discharges contained in the
drainage areas of the outfalls.
(U) Prediction of the direction of flow,
and identification of the types of
pollutants (e.g., heavy metals, sediment)
that are likely to be present in storm
water discharges associated with
industrial activity, for each area of the
mine/mill site that generates storm
water discharges associated with
industrial activity with a reasonable
potential for containing significant
amounts of pollutants. Factors to
consider include the mineralogy of the
ore and waste rock (e.g., acid forming),
toxicity and quantity of chemical(s)
used, produced or discharged; the
likelihood of contact with storm water;
vegetation on site if any, 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 for each
storm water outfall that may be covered
under this permit (see Part XI.G.l.).
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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives. The inventory of
exposed materials shall include, but
shall not be limited to the significant
materials stored exposed to storm water,
and material management practices
employed that were listed for the
facility in the approved group
application.
A summary of any existing ore or
waste rock/overburden characterization
data, including results of testing for acid
rock generation potential. If the ore or
waste rock/overburden characterization
data is updated due to a change in the
ore type being mined, the storm water
pollution prevention plan shall be
updated with the new data.
(c) Spills 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 3 years prior to the date
of submission of a Notice of Intent (NOI)
to be covered under 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 associated with metal mining:
loading and unloading operations;
outdoor storage activities; outdoor
manufacturing or processing activities;
significant dust or particulate generating
processes; and onsite 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., heavy metals,
etc.) of concern shall be identified.
(4) Measures and Controls. A
description of storm water management
controls appropriate for the facility, and
procedures for implementing 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
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51157
controls shall address the following
minimum components, including a
schedule for implementing such
controls:
(a) Good Housekeeping—Good
housekeeping such as maintenance in a
clean, orderly manner of areas that may
contribute pollutants to storm water
discharges. (For suggested measures for
vehicle maintenance operations, see
good housekeeping measures specified
in Part XI.P. for transportation
facilities.)
(b) Preventive Maintenance—A
narrative describing the program for
timely inspection and maintenance of
storm water management devices (e.g.,
cleaning oil/water separators, catch
basins) as well as inspection and testing
of 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. Particular attention shall be
given to erosion control and sediment
control systems and devices.
(c) Spill Prevention and Response
Procedures—Areas where potential
spills that can contribute pollutants to
storm water discharges, and their
accompanying drainage points. The
description area shall include, where
appropriate, specific material handling
procedures, storage requirements, and
use of equipment such as diversion
valves in the plan should be considered;
procedures for cleaning up spills and
the method for making these plans and
the necessary equipment to implement
a clean ut
personnel.
(d) Inspections—Provisions for
qualified personnel to inspect
designated equipment and mine areas at
least on a monthly basis for active sites.
The monthly inspections can be done at
any tune during the month and do not
have to be done immediately following
a precipitation event. For temporarily
inactive sites, the inspections should be
quarterly; however, inspections are not
required when adverse weather
conditions (e.g., snow) make the site
inaccessible. All material handling areas
shall be inspected for evidence of, or the
potential for, pollutants entering the
drainage system. Erosion control
systems and sediment control devices
shall also be inspected to determine if
they are working properly. A set of
tracking or follow-up procedures shall
be used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
shall be maintained. The use of a
checklist developed by the facility is
encouraged.
(e) Employee Training—Outlines of
employee training programs that 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. The
pollution prevention plan shall specify
how often training shall take place, but
in all cases training must be held at least
annually (once per calendar year).
(fl Recordkeeping and Internal
Reporting Procedures—Descriptions of
incidents (such as spills, major storm
events, or other discharges), as well as
information describing the quality and
quantity of storm water discharges.
Inspections, maintenance activities, and
training sessions shall also be
documented and records of such
activities shall be incorporated into the
plan.
(g) Non-storm Water Discharges.
(i) A certification that any discharge
has been tested or evaluated for the
presence of non-storm water discharges,
such as seeps or adit discharges or
discharges subject to effluent limitation
guidelines (e.g., 40 CFRPart 440), such
as mine drainage or process water of any
kind. The certification shall include the
identification of potential significant
sources of non-storm water or water
subject to effluent limitation guidelines
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 onsite 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 that
receives the discharge. In such cases,
the source identification section of the
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
,XI.G.3.a.(4Kg)(iii) (below).
, Alternatively, the plan may include a
certification that any non-storm water
'discharge that mixes with storm water is
subject to a separate NPDES permit that
applies applicable effluent limitations
prior to the mixing of non-storm water
and storm water, fii such cases, the
certification shall identify the non-storm
water discharge(s), the applicable
NPDES permit(s), the effluent
limitations placed on the non-storm
water discharge by the NPDES permit(s),
and the point(s) at which the limitations
are applied.
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III. A.2 (Prohibition of 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities that
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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 that are not
authorized by an NPDES permit are
unlawful, and must be terminated.
(h) Sediment and Erosion Control—
Identification of areas that, due to
topography, activities, or other factors,
have a high potential for significant
erosion of soil and/or other materials,
and measures to be used to limit erosion
and/or remove sediment from storm
water runoff. The measures to consider
include diversion of flow away from
areas susceptible to erosion (such as
interceptor dikes and swales; diversion
dikes curbs and berms; pipe slope
drains; subsurface drains; and drainage/
storm water conveyance systems
[channels or gutters; open top box
culverts, and waterbars; rolling dips and
road sloping; roadway surface water
deflector; and culverts]), stabilization
methods to prevent or minimize erosion
(such as temporary or permanent
seeding; vegetative buffer strips;
protection of trees; topsoiling; soil
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
conditioning; contouring; mulching;
geotextiles [matting; netting; or
blankets]; riprap; gabions; and retaining
walls), and structural methods for
controlling sediment (such as check
dams; rock outlet protection; level
spreaders; gradient terraces; straw bale
barriers; silt fences; gravel or stone filter
berms; brush barriers; sediment traps;
grass swales; pipe slope drains; earth
dikes; other controls such as entrance
stabilization, waterway crossings or
wind breaks; or other equivalent
measures).
(.i) Management of Runoff—A
narrative consideration of the
appropriateness of traditional storm
water management practices (practices
other than those that 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 and
provisions for implementation and
maintenance of measures that the
permittee determines to be reasonable
and appropriate. The potential of
various sources at the facility to
contribute pollutants to storm water
discharges associated with industrial
activity [see paragraph XI.G.3.a.(3) of
this section (Description of Potential
Pollutant Sources)] 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), snow
management activities, infiltration
devices, and wet detention/retention
devices, or impoundments.
(i) Capping—Where capping of a
contaminant source is necessary, the
source being capped and materials and
procedures used to cap the contaminant
source must be identified. In some
cases, the elimination of a pollution
source through capping contaminant
sources may be the most effective
control measure for discharges from
inactive ore mining and dressing
facilities.
(k) Treatment—A description of how
storm water will be treated prior to
discharging to waters of the United
States if treatment of a storm water
discharge is necessary. Storm water .
treatments include the following:
chemical/physical treatment; oil/water
separators; and artificial wetlands.
(5) Comprehensive Site Compliance
Evaluation. Procedures for qualified
personnel to conduct site compliance
evaluations at appropriate intervals
specified in the plan, but in no case less
than once a year. Such evaluations shall
include:
(a) Visual inspections of areas
contributing to a storm water discharge
associated with industrial activity 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.G.3.a.(3) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.G.3.a.(4)
of this section (Measures and Controls)
shall be reviseid as appropriate within
30 days of such inspection and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation unless additional time is
authorized by the permit issuing
authority.
(c) Preparation of a report
summarizing the scope of the
evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.G.3.a.(5)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 compliance evaluation
schedules overlap with inspections
required under XI.G.3.a.(4)(d), the
compliance evaluation may be ...
conducted in place of one such
inspection.
b. Contents of Plan for Inactive Metal
Mining Facilities. The plan shall
include, at a minimum, the following
items:
(1) Pollution Prevention Team.
Identification of a specific individual or
individuals that are responsible for the
development, implementation,
maintenance, and revision of the storm
water pollution prevention plan. The
plan shall clearly identify the
responsibilities of each team member.
The activities and responsibilities of the
team shall address all aspects of the
storm water pollution prevention plan
at the inactive facility.
(2) Description of Mining Activities. A
description of the mining and associated
activities that took place at the site. The
description shall report the approximate
dates of operation, the total acreage
within the mine and/or processing site,
an estimate of the number of acres of
disturbed area, and the current activities
(e.g., reclamation) that are taking place
at the facility. A general description of
the location of the mining site relative
to major transportation routes and
communities shall also be provided.
(3) Description of Potential Pollutant
Sources. A description of potential
sources that may reasonably be expected
to add significant amounts of pollutants
(including sediment) to storm water
discharges or that may result in the
discharge of pollutants during dry
weather from separate storm sewers
draining the facility. Each plan shall
identify all activities and significant
materials that may potentially be
significant storm water pollutant
sources form the inactive mining site.
Each description shall include, at a
minimum:
(a) Site Map—A generalized site map
or maps that depict any of the following
that may be applicable: mining/milling
site boundaries and access and haul
roads; the location of each storm water
outfall and an outline of the portions of
the drainage area that are within the
facility boundaries; areas used for
storage of overburden, materials, soils,
tailings, or wastes; areas used for
outdoor manufacturing, storage, or
disposal of materials; any remaining
equipment storage, fueling, and
maintenance ares; tailings piles/ponds;
mine drainage or any other process
water discharge points; an estimate of
the direction(s) of flow; existing
structural controls to reduce pollutants
in storm water runoff; and springs,
streams, wetlands, and other surface
waters. The map must also indicate the
types of discharges contained in the
drainage areas of .the outfalls.
(b) Inventory of Exposed Materials—
An inventory and narrative description
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51159
for each outfall of any significant
materials that may still be at the site.
This description of sources should agree
with sources identified on the map.
(c) 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.
(d) Risk Identification and Summary
of Potential Pollutant Sources—For each
potential pollutant source at the site the
pollutants of concern (e.g., heavy
metals) shall be identified and an
assessment made of the potential of
these pollutant sources to contribute
pollutants to storm water discharges.
(4) Measures and Controls. A
description of storm water management
controls appropriate for the facility, and
procedures for implementing 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) Storm Water Diversion—
Description of how and where storm
water will be diverted away from
potential pollutant sources to prevent
storm water contamination. Storm water
diversions may include the following:
interceptor dikes and swales; diversion
dikes curbs and berms; pipe slope
drains; subsurface drains; drainage/
storm water conveyance systems
(channels or gutters; open top box
culverts, and waterbars; rolling dips and
road sloping; roadway surface water
deflector; and culverts) or equivalent
measures.
(b) Sediment and Erosion Control—
Identification of areas that, due to
topography, activities, or other factors,
have a high potential for significant
erosion of soil and/or other materials,
and measures to be used to limit erosion
and/or remove sediment from storm
water runoff. The measures to consider
include diversion of flow away from
areas susceptible to erosion,
stabilization methods to prevent or
minimize erosion (such as temporary or
permanent seeding; vegetative buffer
strips; protection of trees; topsoiling;
soil conditioning; contouring; mulching;
geotextiles (matting; netting; or
blankets); riprap; gabions; and retaining
walls), structural methods for
controlling sediment (such as check
dams; rock outlet protection; level
spreaders; gradient terraces; straw bale
barriers; silt fences; gravel or stone filter
berms; brush barriers; sediment traps;
grass swales; pipe slope drains; earth
dikes; and other controls such as
entrance stabilization, waterway
crossings or wind breaks; or other
equivalent measures).
(c) Management of Runoff—A.
; narrative consideration of the
appropriateness of traditional storm
water management practices (practices
other than those that 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 and
provisions for implementation and
maintenance of measures that the
permittee determines to be reasonable
and appropriate. The potential of
various sources at the facility to
contribute pollutants to storm water
discharges associated with industrial
activity [see paragraph XI.G.3.b.(3) of
this section (Description of Potential
Pollutant Sources)] 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,
snow management activities, infiltration
devices, and wet detention/retention
devices, or impoundments.
(d) Capping—Where capping of a
contaminant source is necessary, the
source being capped and materials and
; procedures used to cap the contaminant
source must be identified. In some
cases, the elimination of a pollution
source through capping contaminant
sources may be the most effective
control measure for discharges from
inactive ore mining and dressing
facilities.
(e) Treatment—A description of how
storm water will be treated prior to
discharging to waters of the United
States if treatment of a storm water
discharge is necessary. Storm water
treatments include the following:
chemical/physical treatment; oil/water
separators; artificial wetlands or other
equivalent measures.
(f) Recordkeeping and Internal
Reporting Procedures—A description of
, incidents (such as spills, or other
discharges), as well as 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.
(5) Comprehensive Site Compliance
Evaluation. Procedures for qualified
personnel to conduct site compliance
evaluations at appropriate intervals
specified in the plan, but, except as
provided in paragraph XI.G.3.b.(5)(d)
(below), in no case less than once a year.
Such evaluations shall include:
(a) Visual inspection of areas
contributing to a storm water discharge
associated with industrial activity 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) Basea on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.G.3.a.(3) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.G.3.a.(4)
of this section (Measures and Controls)
shall be revised as appropriate within
30 days of such inspection and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation unless additional time is
authorized by the permit issuing
authority.
(c) Preparation of a report
summarizing the scope of the
evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.G.3.b.(5)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where annual site compliance
evaluations are shown in the plan to be
impractical for inactive mining sites due
to the remote location and
inaccessibility of the site, site
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51160 Federal Register / Vol. 60. No. 189 / Friday, September 29, 1995 / Notices
evaluations required under this part
shall be conducted at appropriate
intervals specified in the plan, but, in
no case less than once in 3 years.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting ,
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], copper ore mining and
dressing facilities must monitor their
storm water discharges associated with
industrial activity at least quarterly (4
times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Active
copper ore mining and dressing
facilities are required to monitor their
storm water discharges for the
pollutants of concern listed in Table G-
1 below. Facilities must report in
accordance with 5.b. (Reporting). In
addition to the parameters listed in
Table G-l 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 that 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.
TABLE G-1.—MONITORING
REQUIREMENTS FOR ACTIVE FACILITIES
Pollutants of concern
Chemical Oxygen Demand
(COD).
Total Suspended Solids (TSS)
Nitrate plus Nitrite Nitrogen ....
Monitoring
cut-off con-
centration
120 mg/L
100 mg/L
0.68 mg/L
(1) Monitoring Periods. Active copper
ore mining and dressing facilities shall
monitor samples collected during the
sampling periods of: January through
March, April through June, July through
September, and October through
December for the years specified in
paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or non-process water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
G-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
(4) 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
outfall(s) provided that the permittee
includes in the. storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
the monitoring reports required under
paragraph b below, 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, or significant
materials from past industrial activity
that are located hi areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit, hi the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
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paragraph b. below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees with active
copper ore mining and dressing
facilities shall submit monitoring results
for each outfall associated with
industrial activity [or a certification in
accordance with Sections (3), (4), or (5)
above] obtained during the reporting
period beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following March [insert the date 2
years after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet to this permit.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph D (above), active ore mining
and dressing 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 b (above).
c. Visual Examination of Storm Water
Quality. Mining facilities covered under
this sector shall perform and document
a visual examination of storm water
discharges associated with industrial
activity from each outfall, except
discharges exempted below. The
examination must be made during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event. Mining facilities
must examine storm water quality at
least once in each of the following
periods: January through March; April
through June; July through September;
and October through December.
(1) Examinations shall be made of
grab samples collected within the first
30 minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) When a facility has two of 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
conduct one of the required visual
examinations during the required period
as a result of adverse climatic
conditions or inaccessibility, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions that may prohibit
the collection of samples include
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.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
H. Storm Water Discharges Associated
With Industrial Activity From Coal
Mines and Coal Mining-Related
Facilities
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges from coal mining-related
areas (SIC Major Group 12) if they are
not subject to effluent limitations
guidelines under 40 CFR Part 434.
' a. Coverage. Storm water discharges
from the following portions of coal
mines may be eligible for this permit:
haul roads (nonpublic roads on which
coal or coal refuse is conveyed), access
roads (nonpublic roads providing light
vehicular traffic within the facility
property and to public roadways),
railroad spurs, sidings, and internal
haulage lines (rail lines used for hauling
coal within the facility property and to
offsite commercial railroad lines or
loading areas), conveyor belts, chutes,
and aerial tramway haulage areas (areas
under and around coal or refuse
conveyor areas, including transfer
stations), equipment storage and
maintenance yards, coal handling
buildings and structures, and inactive
coal mines and related areas (abandoned
and other inactive mines, refuse
disposal sites and other mining-related
areas on private lands).
When an industrial facility, described
by the above coverage provisions of this
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section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
. industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
b. Limitations. Storm water discharges
from inactive mining activities
occurring on Federal lands where an
operator cannot be identified are not
eligible for coverage under this permit.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to the broad
prohibition of non-storm water
discharges of Part III.A.2. of the permit,
point source discharges of pollutant
seeps or underground drainage from
inactive coal mines and refuse disposal
areas that do not occur as storm water
discharges in response to precipitation
events are also excluded from coverage
under this permit. In addition,
floordrains from maintenance buildings
and other similar drains in mining and
preparation plant areas are prohibited.
3. Storm Water Pollution Prevention
Plan Requirements
Most of the active coal mining-related
areas, described in paragraph XI.H.l.
above, are subject to sediment and
erosion control regulations of the U.S.
Office of Surface Mining (OSM) that
enforces the Surface Mining Control and
Reclamation Act (SMCRA). OSM has
granted authority to most coal-
producing states to implement SMCRA.
through State SMCRA regulations. All
SMCRA requirements regarding control
of erosion, siltation and other pollutants
resulting from storm water runoff,
including road dust resulting from
erosion, shall be primary requirements
of the pollution prevention plan and
shall be included in the contents of the
plan directly, or by reference. Where
determined to be appropriate for
protection of water quality, additional
sedimentation and erosion controls may
be warranted.
a. 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 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 that
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or that may
result in the discharge of pollutants
during dry weather from separate storm
sewers draining the facility. Each plan
shall identify all activities and
significant materials that may
potentially be significant pollutant
sources. Each plan shall include, at a
minimum:
Drainage.
. (i) Asite map, such as a drainage map
required for SMCRA permit
applications, that indicate drainage
areas and storm water outfalls. These
shall include but not be limited to the
following: .
(a) Drainage direction and discharge
points from all applicable mining-
related areas described in Section
XI.H.l.a. (discharges covered under this
section) above, including culvert and
sump discharges from roads and rail
beds and also from equipment and
maintenance areas subject to storm
runoff of fuel, lubricants and other
potentially harmful liquids.
(b) Location of each existing erosion
and sedimentation control structure or
other control measures for reducing
pollutants in storm water runoff.
(c) Receiving streams or other surface
water bodies.
(d) Locations exposed to precipitation
that contain acidic spoil, refuse or
unreclaimed disturbed areas.
(e) Locations where major spills or
leaks of toxic or hazardous pollutants
have occurred.
(f) Locations where liquid storage
tanks containing potential pollutants,
such as caustics, hydraulic fluids and
lubricants, are exposed to precipitation.
(g) Locations where fueling stations,
vehicle and equipment maintenance
areas are exposed to precipitation.
(h) Locations at outfalls and the types
of discharges contained in the drainage
areas of the outfalls.
(ii) For each area of the facility that
generates storm water discharges
associated with the mining-related
activity with a reasonable potential for
containing significant amounts of
pollutants, a prediction of the direction
of flowj and an identification of the
types of pollutants that are likely to be
present in storm water discharges
associated, with the activity. Factors to
consider include the toxicity of the
pollutant; 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills and Leaks—A list of
significant spills and 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 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit. Such
list shall be updated as appropriate
during the term of the permit.
(d) Sampling Data—A summary of
any existing discharge sampling data
describing pollutants in storm water
discharges from the portions of the
facility covered by this permit,
including a summary of any 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: truck traffic on haul roads and
resulting generation of sediment subject
to runoff and dust generation; fuel or
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51163
other liquid storage; pressure lines
containing slurry, hydraulic fluid or
other potential harmful liquids; and
loading or temporary storage of acidic
refuse or spoil. Specific potential
pollutants shall be identified, where
known.
(3) Measures and Controls. Each
facility covered hy 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 that may contribute pollutants
to storm water discharges in a clean,
orderly manner. These would be
practices that would minimize the
generation of pollutants at the source or
before it would be necessary to employ
sediment ponds or other control
measures at the discharge outlets.
Where applicable, such measures or
other equivalent measures would
include the following: sweepers and
covered storage to minimize dust
generation and storm runoff;
conservation of vegetation where
possible to minimize erosion; watering
of haul roads to minimize dust
generation; collection, removal, and
proper disposal of waste oils and other
fluids resulting from vehicle and
equipment maintenance; or other
equivalent measures.
(b) Preventive Maintenance—A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices 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. Where
applicable, such measures would
include the following: removal and
proper disposal of settled solids in catch
basins to allow sufficient retention
capacity; periodic replacement of
siltation control measures subject to
deterioration such as straw bales;
inspections of storage tanks and
pressure lines for fuels, lubricants,
hydraulic fluid or slurry to prevent
leaks due to deterioration or faulty
connections; or other equivalent
measures.
(c) Spill Prevention and Response
Procedures—Areas where potential
spills that 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 paragraph
XI.H.3.a.(4) of this section, qualified
facility personnel shall be identified to
inspect designated areas of the facility at
• appropriate intervals specified in the
plan. The following shall be included in
the plan:
(i) Active Mining-Related Areas and
Those Inactive Areas Under SMCRA
Bond Authority—The plan shall require
quarterly inspections by the facility
personnel for areas of the facility
covered by pollution prevention plan
requirements. This inspection interval
corresponds with the quarterly
inspections for the entire facility
required to be provided by SMCRA
authority inspectors for all mining-
; related areas under SMCRA authority,
' including sediment and erosion control
measures. Inspections by the facility
representative may be done at the same
time as the mandatory inspections
performed by SMCRA inspectors.
Records of inspections of the SMCRA
authority facility representative shall be
: maintained.
(ii) Inactive Mining-Related Areas Not
Under SMCRA Bond.—The plan shall
require annual inspections by the
facility representative except in
situations referred to in paragraph
,' XI.H.3.a.(4)(d) below.
(Hi) Inspection Records—The plan
shall require that inspection records of
the facility representative and those of
the SMCRA authority inspector shall be
maintained. A set of tracking or follow-
up procedures shall be used to ensure
that appropriate actions are taken in
response to the inspections.
(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. The
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
(i) The plan shall include a
certification that the discharge has been
tested or evaluated for the presence of
non-storm water discharges such as
drainage from underground portions of
inactive mines or floor drains from
maintenance or coal handling buildings.
The certification shall include the
identification of potential significant
sources of non-storm water discharges at
the site, a description of the results of
any test and/or evaluation, a description
of the evaluation criteria or testing
method used, the date of any testing
and/or evaluation, and the onsite
drainage points that were directly
observed during the test. Certifications
shall be signed in accordance with Part
VII.G. of this permit.
(ii) Except for flows from fire fighting
activities, authorized sources of non-
storm water listed in Part III.A.2.
(Prohibition of 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.
(Hi) Any facility that is unable to
provide the certification required
(testing or other evaluation for non-
storm water discharges) must notify the
Director by [270 days after permit
issuance] or, for facilities that begin to
discharge storm water associated with
industrial activity after [insert date 270
days after permit issuance], 180 days
after submitting an 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 to the storm discharge lines;
and why adequate tests for such storm
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51164 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
discharge lines were not feasible. Non-
storm water discharges to waters of the
United States that are not authorized by
an NPDES permit are unlawful, and
must be terminated.
(h) Sediment and Erosion Control—
The plan shall identify areas that, 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 and reduce sediment
concentrations in storm water
discharges. As indicated in paragraph
XI.H.3.a.(3) above, SMCRA
requirements regarding sediment and
erosion control measures are primary
requirements of the pollution
prevention plan for mining-related areas
subject to SMCRA authority. The
following sediment and erosion control
measures or other equivalent measures,
should be included in the plan where
reasonable and appropriate for all areas
subject to storm water runoff:
(i) Stabilization Measures—Interim
and permanent stabilization measures to
minimize erosion and lessen amount of
structural sediment control measures
needed, including: mature vegetation
preservation; temporary seeding;
permanent seeding and planting;
temporary mulching, matting, and
netting; sod stabilization; vegetative
buffer strips; temporary chemical
mulch, soil binders, and soil palliatives;
nonacidic roadsurfacing material; and
protective trees.
(ii) Structural Measures—Structural
measures to lessen erosion and reduce
sediment discharges, including: silt
fences; earth dikes; straw dikes; gradient
terraces; drainage swales; sediment
traps; pipe slope drains; porous rock
check dams; sedimentation ponds;
riprap channel protection; capping of
contaminated sources; and physical/
chemical treatment of storm water.
(i) Management of Flow—The plan
shall contain a narrative consideration
of the appropriateness of traditional
storm water management practices
(other than those as sediment and
erosion control measures listed above)
used to manage storm water runoff in a
manner that reduces pollutants in storm
water runoff from the site. The plan
shall provide that the measures, which
the permittee determines to be
reasonable and appropriate, shall be
implemented and maintained.
Appropriate measures may include:
discharge diversions; drainage/storm
water conveyances; runoff dispersion;
sediment control and collection;
vegetation/soil stabilization; capping of
contaminated sources; treatment; or
other equivalent measures.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
intervals specified in the plan, but in no
case less than once a year. Such
evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with coal
mining-related areas shall be visually
inspected for evidence of, or the
potential for, pollutants entering the
drainage system. These areas include
haul and access roads; railroad spurs,
sidings, and internal haulage lines;
conveyor belts, chutes and aerial
tramways; equipment storage and
maintenance yards; coal handling
buildings and structures; and inactive
mines and related areas. Measures to
reduce pollutant loadings shall be
evaluated to determine whether they are
adequate and properly implemented in
accordance with die 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, as indicated in paragraphs
XI.H.3.a.(3)(h) and XI.H.3.a.(3)(i) above
and where identified in the plan, shall
be observed to ensure that they are
operating correctly. A visual evaluation
of any equipment needed to implement
the plan, such as spill response
equipment, shall be made.
(b) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan,
in accordance with paragraph
XI.H.3.a.(2) of this section, and
pollution prevention measures and
controls identified in the plan, in
accordance with paragraph XI.H.3.a.(3)
of this section, shall be revised as
appropriate within 2 weeks of such
evaluation and shall provide for
implementation of any changes to the
plan in a timely manner. For inactive
mines, such revisions may be extended
to a maximum of 12 weeks after the
evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.H.3.a.(4)(b) above shall be made and
retained as part of the storm water
pollution prevention plan for at least 3
years after the date of the evaluation.
The report shall identify any incidents
of noncompliance. Where a report does
not identify any incidents of
noncompliance, 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 compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection. Where annual site
compliance evaluations 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 3 years.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B. of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with coal mining
activities must monitor their storm
water discharges associated with '
industrial activity at least quarterly (4
times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Coal mining
facilities are required to monitor their
storm water discharges for the
pollutants of concern listed in Table H-
l below. Facilities must report in
accordance with 5.b. (Reporting). In
addition to the parameters listed in
Table H-l 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 that 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.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51165
TABLE H-1.—MONITORING REQUIRE-
MENTS FOR COAL MINING FACILITIES
Pollutants of concern
Total Recoverable Aluminum
Total Recoverable Iron
Total Suspended Solids
Cut-off
con-
centra-
tion
(mg/L)
0.75
1.0
100
(1) Monitoring Periods. Coal mining
facilities shall monitor samples
collected during the sampling periods
of: January through March, April
through June, July through September,
and October through December for the
years specified in paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
Tho required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next monitoring period and
submit the data along with the data for
tho routine sample in that period.
Adverse weather conditions that may
prohibit the collection of samples
include weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricanes, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
H-1 under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
. (c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
apph'es to the substantially identical
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
'(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph b. below, 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, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph b. below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees shall submit
monitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results [or a certification in accordance ,
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
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51166 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.B.l. of the
permit.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b. (above), coal-mining
related 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 b. (above).
c. Visual Examination of Storm Water
Quality. Coal mining-related facilities
shall perform and document a visual
examination of a representative storm
water discharge at the following
frequencies: quarterly for active areas
under SMCRA bond located in areas
with average annual precipitation over
20 inches; semi-annually for inactive
areas under SMCRA bond, and active
areas under SMCRA bond located in
areas with average annual precipitation
of 20 inches or less; visual examinations
are not required at inactive areas not
under SMCRA bond.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water runoff or snow melt: Quarterly—
January through March; April through
June; July through September; and
October through December. Semi-
annually—January through June and
July through December.
(2) Examinations shall be made of
samples collected within the first 60
minutes (or as soon thereafter as
practical, but not to exceed two hours)
of when the runoff or snow melt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
(3) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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.
(5) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the.
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricanes, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
I. Storm Water Discharges Associated
With Industrial Activity From Oil and
Gas Extraction Facilities
1. Discharges Covered Under This
Section
a. Coverage. This permit covers all
existing point source discharges of
storm water associated with industrial
activity to waters of the United States
from oil and gas facilities listed under
Standard Industrial Classification (SIC)
Major Group 13 which are required to
be permitted under 40 CFR 122.26.
These include "* * * oil and gas
exploration, production, processing, or
treatment operations, or transmission
facilities that discharge storm water
contaminated by contract with or that
has come into contact with any
overburden raw material, intermediate
products, finished products, by-
products or waste products located on
the site of such operations."
Contaminated storm water discharges
from petroleum refining or drilling
operations that are subject to nationally
established BAT or BPT guidelines
found at 40 CFR 419 and 435
respectively are not included. Industries
in SIC Major Group 13 include the
extraction and production of crude oil,
natural gas, oil sands and shale; the
production of hydrocarbon liquids and
natural\gas from coal; and associated oil
field service, supply and repair
industries.
When an industrial facility, described
by the above coverage provisions of this
section, has, industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall .comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
b. Limitations. Storm water discharges
associated with industrial activity from
inactive oil and gas operations occurring
on Federal lands where an operator
cannot be identified are not covered by
this permit.
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51167
2. Special Conditions
There are no additional requirements
beyond those listed in Part III. of this
permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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
aro 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 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
(i) 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
IX.I.3.a.(l)(c) (Spills and Leaks] of this
permit have occurred, location of any
areas where RQ releases 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, chemical mixing
areas, construction and drilling areas.
The site map will indicate all areas
subject to the effluent guidelines
requirement of "No Discharge" in
accordance with 40 CFR 435.32 and the
existing structural controls to achieve
compliance with the "No Discharge"
requirement. The map must indicate the
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls.
(ii) 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. The permittee
should consider the cause of RQ
releases, the materials used to contain
and remediate releases, and any other
aspect of releases or clean-up which
could potentially contribute pollutants
to a storm water discharge. 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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;
chemical, cement, mud or gel mixing
activities; outdoor manufacturing or
processing activities; drilling or mining
activities; significant dust or particulate
generating processes; and onsite waste
disposal practices, equipment cleaning
and rehabilitation activities. 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.
In its description of potential
pollutant sources, a facility must
include information about the RQ
release which triggered the permit
application requirements. Such
information must include: the nature of
"the release (e.g., spill of oil from a drum
storage area); the amount of oil or
hazardous substance released; amount
of substance recovered; date of the
release; cause of the release (e.g., poor
handling techniques as well as lack of
containment in area); area affected by
release, including land and waters;
procedure to cleanup release; actions or
procedures implemented to prevent or
better respond to a release; and
remaining potential contamination of
storm water from release. The analysis
shall take into account human health
risks, the control of drinking water
intakes, and the designated uses of the
receiving stream.
(3) Measures and Controls. Each
facility covered by this permit shall
develop and implement storm water
management controls appropriate for
the facility. The 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
measures:
(a) Good Housekeeping—Good
housekeeping requires the maintenance
of areas which may contribute
pollutants to storm water 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
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
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. The
preventative maintenance program shall
also include the inspection of all on site
and off site mixing tanks and
equipment, and all vehicles which carry
supplies and chemicals to oil field
activities.
(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.
Materials shall be stored indoors where
possible, and drainage systems designed
to discharge downstream from drinking
water intakes. 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 paragraph
XI.I.3.a.(4} of this section, qualified
facility or plant personnel shall be
identified to inspect designated
equipment and areas of the facility at
appropriate intervals specified in the
plan. All equipment and areas
addressed in the pollution prevention
plan shall be inspected at a minimum of
6-month intervals. Equipment and
vehicles which store, mix or transport
hazardous materials will be inspected
routinely, but not less than quarterly. A
set of tracking or follow-up procedures
shall be used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
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. The
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. All records
shall be kept for a period of not less
than 3 years.
(g) Non-storm Water Discharges
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.I.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2. (Prohibition of
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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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. Unless covered by the
General Permit for Construction'Activity
(57 FR 41209), the additional erosion
control requirement for well drillings
oil, sand, and shale mining areas are as
follows:
(i)Site Description—Each plan shall
provide a description of the following:
(1) A description of the nature of the
exploration activity; (2) estimates of the
total area of the site and the area of the
site that is expected to be disturbed due
to the exploration activity; (3) an
estimate of the runoff coefficient of the
site; (4) a site map indicating drainage
patterns and approximate slopes, the
location of major control structures
identified in the plan, and surface
waters; and (5) the name of the receiving
water(s) and the ultimate receiving
water(s) of the runoff.
(ii) Controls—The pollution
prevention plan shall include a
description of controls appropriate for
the activity and implement such
controls. The description of controls
shall address the following minimum
components:
(a) A description of vegetative
practices designed to preserve existing
vegetation where attainable and
revegetate open areas as soon as
practicable after grade drilling. Such
practices may include: temporary
seeding, permanent seeding, mulching,
sod stabilization, vegetative buffer
strips, protection of trees, or other
equivalent measures. The operator shall
initiate appropriate vegetative practices
on all disturbed areas within 14
calendar days of the last activity at that
area.
(b) A description of structural
practices that, to the degree attainable,
divert flows from exposed soils, store
flows or otherwise limit runoff from
exposed areas of the site. Such practices
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51169
may include straw bale dikes, silt
fences, earth dikes, brush barriers,
drainage swales, check dams, subsurface
drain, pipe slope drain, level spreaders
storm drain inlet protection, rock outlet
protection, sediment traps, temporary
sediment basins, or other equivalent
measures.
(Hi) Offsite vehicle tracking of
sediments shall be minimized.
(Sv) Procedures in a plan shall provide
that all erosion controls on the site are
Inspected at least once every 7 calendar
days. Weekly inspections are necessary
to ensure erosion controls continue to
effectively reduce the amount of
sediment carried offsite. A silt fence or
silt trap is no longer effective when
filled with silt.
(!) 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 the
measures that the permittee determines
to be reasonable and appropriate which
shall be implemented and maintained.
The potential of various sources at the
facility to contribute pollutants to storm
water discharges associated with
industrial activity 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), snow
management activities, infiltration
devices, wet detention/retention
devices, or other equivalent measures.
(I) Reportable Quantity (RQ) Release—
The permittee must describe the
measures taken to clean up RQ releases
or related spills of materials, as well as
measures proposed to avoid future
releases of RQs. Such measures may
include, among others: Improved
handling or storage techniques;
containment around handling areas of
liquid materials; and use of improved
spill cleanup materials and techniques.
(k) Vehicle and Equipment Storage
Areas—The storage of vehicles and
equipment awaiting or having
completed maintenance must be
confined to designated areas (delineated
on the site map). The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from these areas. The
facility may consider the use of drip
pans under vehicles and equipment,
indoor storage of the vehicles and
equipment, installation of berming and
diking of this area, or other equivalent
measures.
(1) Vehicle and Equipment Cleaning
and Maintenance Areas—The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from all areas used for
vehicle and equipment cleaning. The
facility may consider performing all
cleaning operations indoors, covering
the cleaning operation, ensuring that all
washwaters drain to a sanitary sewer,
and/or collecting the storm water runoff
from the cleaning area and providing
treatment or recycling. The discharge of
vehicle and equipment wash waters,
including tank cleaning operations, are
not authorized by this permit and must
be authorized under a separate NPDES
permit or discharged to a sanitary sewer
in accordance with applicable industrial
pretreatment requirements.
The plan must describe measures that
prevent or minimize contamination of
the storm water runoff from all areas
used for vehicle and equipment
maintenance and rehabilitation. The .
facility may consider performing all
maintenance activities indoors, using
drip pans, maintaining an organized
inventory of materials used in the shop,
draining all parts of fluids prior to
disposal, prohibiting the practice of
hosing down the shop floor where the
practice would result in the exposure of
pollutants to storm water, using dry
cleanup methods, collecting the storm
water runoff from the maintenance area
and providing treatment or recycling, or
other equivalent measures.
(m) Materials and Chemical Storage
Areas—Storage units of all chemicals
and materials (e.g., fuels, oils, used
filters, spent solvents, paint wastes,
radiator fluids, transmission fluids,
hydraulic fluids, detergents drilling
mud components, acids, organic
additives) must be maintained in good
condition so as to prevent
contamination of storm water.
Hazardous materials must be plainly
labeled. The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from such storage areas. The facility
may consider indoor storage of the
materials and/or installation of berming
and diking at the area.
(n) Chemical Mixing Areas—The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff from chemical mixing
areas. The facility may consider
covering the mixing area, using spill
and overflow protection, minimizing
runon of storm water to the mixing area,
using dry cleanup methods, and/or
collecting the storm water runoff and
providing treatment or recycling. The
facility may consider installation of
berming and diking of the area.
Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but hi no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity (e.g., materials and
chemical storage areas, vehicle and
equipment cleaning and maintenance
areas, vehicle and equipment storage
areas, chemical mixing areas, and areas
of materials handling at the drill site
areas) 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.I.3.a.(2) of this section (Description of
Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.I.3.a.(3) of
this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
and major observations relating to the
implementation of the storm water
pollution prevention plan the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
accordance with Part VII.G. (Signatory
Requirements) of this permit.
(d) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional requirements
beyond those listed in Part V.B. of this
permit.
5. Monitoring and Reporting
Requirements
a. Monitoring Requirements
(1) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination(s)
must he made at least once in each
designated period [described in (a),
below] during daylight hours unless
there is insufficient rainfall or snow
melt to produce a runoff event.
(a) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(b) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
(c) Visual examination reports must
be maintained onsite hi the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(d) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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.
(e) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination; Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(f) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible. . - . •
/. Storm Water Discharges Associated
With Industrial Activity From Mineral
Mining and Processing Facilities
1. Discharges Covered Under This
Section
This permit covers all existing point
source discharges of storm water
associated with industrial activity to
waters of the United States from active
and inactive mineral mining and
processing facilities (generally
identified by Standard Industrial
Classification (SIC) Major Group 14),
except for storm water discharges
identified under paragraph Xl.J.l.a.
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.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
a. Limitations on Coverage. The
following storm water discharges
associated with industrial activity are
not authorized by this permit:
(1) Storm water discharges associated
with industrial activity which are
subject to an existing effluent limitation
guideline (40 CFR Part 436), except
mine dewatering discharges composed
entirely of storm water or ground water
seepage from construction sand and
gravel, industrial sand, and crushed
stone mining facilities located in Region
VI (the States of Louisiana, New Mexico,
Oklahoma, and Texas) and Arizona.
(2) Storm water discharges associated
with industrial activity from inactive
mineral mining activities occurring on
Federal lands where an operator cannot
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51171
bo identified are not eligible for
coverage under this permit.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. This section of today's
permit does not cover any discharge
subject to process wastewater effluent
limitation guidelines, including storm
water that combines with process
wastewater. Part III.A.2 of today's
permit does allow certain non-storm
water discharges to be covered by this
permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. Contents of Plan. The plan shall
include at a minimum, the following
items:
(I) 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
tho 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 storm water pollution
prevention plan must describe
industrial activities, significant
materials, and physical features of the
facility that may contribute to storm
water runoff or, during periods of dry
weather, result in dry weather flows and
mine pumpout. Plans must describe the
following elements:
(a) Drainage—the plan must contain
a map of the site that shows the pattern
of storm water drainage, structural or
nonstructural features that control
pollutants in storm water runoff and
process wastewater discharges, surface
water bodies (including wetlands),
places where significant materials are
exposed to rainfall and runoff, and
locations of major spills and leaks that
occurred in the 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under this permit.
The map also must show areas where
the following activities take place:
fueling, vehicle and equipment
maintenance and/or cleaning, loading
and unloading, material storage
(including tanks or other vessels used
for liquid or waste storage), material
processing, and waste disposal, haul
roads, access roads, and rail spurs. In
addition, the map must indicate the
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls.
(b) Inventory of Exposed Materials—
Facility operators are required to
carefully conduct an inspection of the
site and related records to identify
significant materials that are or may be
exposed to storm water. The inventory
must address materials that within 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit have been handled,
stored, processed, treated, or disposed
of in a'manner to allow exposure to
storm water. Findings of the inventory
must be documented in detail in the
pollution prevention plan. At a
minimum, the plan must describe the
method and location of onsite storage or
disposal; practices used to minimize
contact of materials with rainfall and
runoff; existing structural and
nonstructural controls that reduce
pollutants in storm water runoff;
existing structural controls that limit
process wastewater discharges; and any
treatment the runoff receives before it is
discharged to surface waters or a
separate storm sewer system. The
description must be updated whenever
there is a significant change in the types
or amounts of materials, or material
management practices, that may affect
the exposure of materials to storm
water.
(c) Significant Spills and Leaks—The
plan must include a list of any
significant spills and leaks of toxic or
hazardous pollutants that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit.
Significant spills include, but are not
limited to, releases of oil or hazardous
substances in excess of quantities that
are reportable under Section 311 of
CWA (see 40 CFR 110.10 and 117.21) or
Section 102 of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) (see 40 CFR
302.4). Significant spills may also
include releases of oil or hazardous
substances that are not in excess of
reporting requirements and releases of
materials that are not classified as oil or
a hazardous substance.
(d) Sampling Data—Any existing data
on the quality or quantity of storm water
discharges from the facility must be
described in the plan. The description
should include a discussion of the
methods used to collect and analyze the
data. Sample collection points should
be identified in the plan and shown on
the site map.
(e) Risk Identification and Summary
of Potential Pollutant Sources—The
description of potential pollution
sources culminates in a narrative
assessment of the risk potential that
sources of pollution pose to storm water
quality. This assessment should clearly
point to activities, materials, and
physical features of the facility that have
a reasonable potential to contribute
significant amounts of pollutants to
storm water. Any such industrial
activities, significant materials, or
features must be addressed by the
measures and controls subsequently
described in the plan. In conducting the
assessment, the facility operator must
consider the following activities:
loading and unloading operations;
outdoor storage activities; outdoor
processing activities; significant dust or
particulate generating processes; and
onsite waste disposal practices. The
assessment must list any significant
pollution sources at the site and identify
the pollutant parameter or parameters
(i.e., total suspended solids, total
dissolved solids, etc.) associated with
each source.
(3) Measures and Controls. Following
completion of the source identification
and assessment phase, the permittee
must evaluate, select, and describe the
pollution prevention measures, best
management practices (BMPs), and
other controls that will be implemented
at the facility. The permittee must assess
the applicability of the following BMPs
for their site: discharge diversions,
drainage/storm water conveyance
systems, runoff dispersions, sediment
control and collection mechanisms,
vegetation/soil stabilization, anji
capping of contaminated sources. In
addition, BMPs include processes,
procedures, schedules of activities,
prohibitions on practices, and other
management practices that prevent or
reduce the discharge of pollutants in
storm water runoff.
The pollution prevention plan must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each will address the
potential sources of storm water
pollution. The plan also must include a
schedule specifying the time or times
during which each control or practice
will be implemented. In addition, the
plan should discuss ways in which the
controls and practices relate to one
another and, when taken as a whole,
produce an integrated and consistent
approach for preventing or controlling
potential storm water contamination
problems.
(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—The
maintenance program requires periodic
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
removal of debris from discharge
diversions and conveyance systems.
These activities should be conducted in
the spring, after snowmelt, and during
the fall season. Permittees using ponds
to control their effluents frequently use
impoundments or sedimentation ponds
as their BAT/BCT. Maintenance
schedules for these ponds must be
provided in the pollution prevention
plan.
(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—Operators of active
facilities are required to conduct
quarterly visual inspections of all BMPs.
Temporarily and permanently inactive
operations are required to perform
annual inspections. The inspections
shall include: (1) An assessment of the
integrity of storm water discharge
diversions, conveyance systems,
sediment control and collection
systems, and containment structures; (2)
visual inspections of vegetative BMPs,
serrated slopes, and benched slopes to
determine if soil erosion has occurred;
and (3) visual inspections of material
handling and storage areas and other
potential sources of pollution for
evidence of actual or potential pollutant
discharges of contaminated storm water.
The inspection must be made at least
once in each designated period during
daylight hours unless there is
insufficient rainfall or snow-melt to .
produce a runoff event. Inspections
shall be conducted in each of the
following periods for the purposes of
inspecting storm water quality
associated with storm water runoff and
snow melt: January through March
(storm water runoff or snow melt); April
through June (storm water runoff); July
through September (storm water runoff];
October through December (storm water
runoff or snow melt).
(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. The
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. The permittee must describe
procedures for developing and retaining
records on the status and effectiveness
of plan implementation. The plan must
address spills, monitoring, and BMP
inspection and maintenance activities.
Ineffective BMPs must be recorded and
the date of their corrective action noted.
(g) Non-storm Water Discharges
(i) 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 onsite drainage
points that were directly observed
during the test. Certifications shall be
signed in accordance with Part VELG. 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 XI.J.3.a.(g)(iii)
(Failure to Certify) of this permit.
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (Prohibition of 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.
(iii) Failure to Certify.—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days aftej permit
issuance], 180 days after submitting an
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 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.
(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.
Permittees must indicate the location
and design for proposed BMPs to be
implemented prior to land disturbance
activities. For sites already disturbed
but without BMPs, the permittee must
indicate the location and design of
BMPs that will be implemented. The
Eermittee is required to indicate plans
jr grading, contouring, stabilization,
and establishment of vegetative cover
for all disturbed areas, including road
banks. Reclamation activities must
continue until final closure notice has
been issued.
(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
Part XI.J.3.a.(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
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51173
collected storm water (such as for a
process or as an irrigation source), inlet
controls (such as oil/water separators),
snow management activities, infiltration
devices, wet detention/retention
devices, or equivalent measures. In
addition, the permittee must describe
the storm water pollutant source area or
activity (i.e., loading and unloading
operations, raw material storage piles,
etc.) to be controlled by each storm
water management practice.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but, in no case less than once a
year. When annual compliance
evaluations are shown in the plan to be
impractical for inactive mining sites,
due to remote location and
inaccessibility, site evaluations must be
conducted at least once every 3 years.
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.
(o) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with PartXIJ.3.a.(2)
(Description of Potential Pollutant
Sources) of this permit and pollution
prevention measures and controls
identified in the plan in accordance
with paragraph XI.J.3.a.(3) (Measures
and Controls) of this permit shall be
revised as appropriate within 2 weeks of
such evaluation and shall provide for
implementation of any changes to the
plan hi a timely manner, but in no case
more than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XIJ.3.a.(4)(b) (above) of the permit shall
be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, the report shall contain
a certification that the facility is hi
compliance with the storm water
pollution prevention plan and this
permit. The report shall be signed in
accordance with Part VH.G. (Signatory
Requirements) of this permit.
(d) The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluation that qualified personnel will
conduct to 1) confirm the accuracy of
the description of potential pollution
sources contained in the plan, 2)
determine the effectiveness of the plan,
and 3) assess compliance with the terms
and conditions of the permit. Where
compliance evaluation schedules
overlap with inspections required under
3.a.(3)(d), the compliance evaluation
may be conducted in place of one such
inspection.
4. Numeric Effluent Limitations
Except as discussed in a below, there
are no additional numeric effluent
limitations beyond those described in
Part V.B of this permit.
a. Region VI—Construction Sand and
Gravel; Industrial Sand, and Crushed
Stone Mining, Mine Dewatering. Any
discharge composed entirely of storm
water or ground water seepage that
derives from mine dewatering activities
at construction sand and gravel,
industrial sand, or crushed stone mining
facilities located in Region VI (the States
of Louisiana, New Mexico, Oklahoma,
and Texas) and in Arizona shall not
exceed a maximum concentration for
any day of 45 mg/L or an average of
daily values for 30 consecutive days of
25 mg/L Total Suspended Solids (TSS)
nor the 6.0 to 9.0 range limitation for
pH. The discharge from the dewatering
activity shall not be diluted with other
storm water runoff or flows to meet this
limitation. Dischargers subject to these
numeric effluent limitations must be in
compliance with these limits upon
commencement of coverage and for the
entire term of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with dimension
and crushed stone, and nonmetallic
minerals (except fuels), and sand and
gravel mining activities must monitor
their storm water discharges associated
with industrial activity at least quarterly
(4 times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Such
facilities are required to monitor their
storm water discharges for the
pollutants of concern listed in Table J-
1 below. Facilities must report in
accordance with 5.b. (Reporting). In
addition to the parameters listed in
Table J-l 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 that 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.
TABLE J-1 .—MONITORING
REQUIREMENTS
Pollutants of concern
Sand and Gravel Mining
Nitrate plus Nitrite Nitrogen ..
Total Suspended Solids
(TSS).
Dimension and Crushed Stone
and Nonmetallic Minerals
(except fuels):
Total Suspended Solids
(TSS).
Cut-off con-
centration
0.68 mg/L.
100 mg/L.
100 mg/L.
(2) Monitoring Periods. Facilities
subject to analytical monitoring
requirements shall monitor samples
collected during the sampling periods
of: January through March, April
through June, July through September,
and October through December for the
years specified in paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
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sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with the data for the routine
sample in that period. Adverse weather
conditions that may prohibit the
collection of samples include weather
conditions that create dangerous
conditions for personnel (such as local
flooding, high winds, hurricanes,
tornadoes, electrical storms, etc.) or
otherwise make the collection of a
sample impracticable (drought,
extended frozen conditions, etc.).
(£>) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
J-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains in
detail why the outfalls are expected to
discharge substantially identical
effluents, hi 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph b below, 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, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent guidelines.
b. Reporting. Permittees with
dimension and crushed stone, sand and
gravel or nonmetallic mineral (except
fuels) mining facilities shall submit
monitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring ,
Report Forin(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report Form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, snail be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part Vt.G. of the fact
sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), sand and gravel
mining 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 b (above).
c. Quarterly Visual Examination of
Storm Water Quality. Mineral mining
and processing facilities covered under
this sector shall perform and document
a visual examination of a storm water
discharge associated with industrial
activity from each outfall, except
discharges exempted below. The
examinations must be made at least
once in each designated period
[described in (1), below] during daylight
hours unless there is insufficient rainfall
or snow melt to produce a runoff event.
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(1) Examinations shall be conducted
in each, of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; June
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual will carry out the collection
and examination of discharges for the
lifo of the permit.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
%veather conditions which may prohibit
tho collection of samples include
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.).
(3) Visual examination reports must
bo maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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.
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
d. Compliance Monitoring
Requirements. Permittees with
construction sand and gravel, industrial
sand, and crushed stone mining
facilities in Region VI that have mine
dewatering discharges composed
entirely of storm water or ground water
seepage which are covered by this
permit must monitor the discharge from
the dewatering activity for the presence
of TSS and pH at least quarterly (four
times per year). Facilities must report in
accordance with 5.d.(2) below
(reporting). In addition to the
parameters listed above, 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 that 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.
(l) Sample Type. A minimum of one
grab sample shall be taken. 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 30 minutes of the .
discharge. If the collection of a grab
sample during the first 30 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 30 minutes was impracticable.
(2) Reporting. Permittees with mine
dewatering discharges from
construction sand and gravel, industrial
sand, or crushed stone mining facilities
located in Region VI and Arizona shall
submit monitoring results obtained
during the reporting period beginning
[insert date of permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following [insert month after permit
issuance date]. Signed copies of
Discharge Monitoring Reports shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office indicated in
Part VLB. of this permit. For each
outfall, one signed Discharge
Monitoring Report form shall be
submitted for each storm event sampled.
(3) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph (2) (above), permittees with
discharges of material storage runoff
from cement manufacturing facilities
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 5.d.(3) (above).
K. Storm Water Discharges Associated
With Industrial Activity From
Hazardous Waste Treatment, Storage, or
Disposal Facilities
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges associated with industrial
activity from facilities that treat, store,
or dispose of hazardous wastes,
including those that are operating under
interim status or a permit under subtitle
CofRCRA.
Coverage under this sector for
facilities located in Region VI is limited
to Hazardous Waste Treatment Storage
or Disposal Facilities (TSDFs) that are
self-generating or totally residential
wastes and to those facilities that only
store hazardous waste and do not treat
or dispose. These permits are issued by
EPA Region VI for Louisiana
(LAR05 *###), New Mexico
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(NMR05*###), Oklahoma (OKR05*###),
Texas (TXR05 *###), and Federal Indian
Reservations in these States
(LAR05*##F, NMR05*##F, OKR05*##F,
or TXR05*##F). Disposal facilities that
have been properly clbsed and capped,
and have no significant materials
exposed to storm water, are considered
inactive and do not require permits [(40
CFR 122.26(b)(14)]. Prohibited from
coverage under this sector are those
commercial hazardous wastes disposal
and treatment facilities located in
Region VI that dispose and treat on a
commercial basis any produced
hazardous waste (not their own) as a
service to generators.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. There are no additional
requirements under this section other
than those stated in Part III.A.2 of this
permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 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.
(i) 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.3 .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. The map must
indicate the outfall locations and the
types of discharges contained in the
drainage areas cif the outfalls.
(ii) 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
chemicals; 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 wUh 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 processing activities; significant
dust or particulate generating processes;
and onsite 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., chemical oxygen demand, etc.) of
concern shall be identified.
(e) 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 water 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., berms, catch
basins) as well as inspecting and testing
facility equipment and systems to
uncover conditions that could cause
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51177
breakdowns or failures resulting in
discharges of pollutants to surface
waters, and ensuring appropriate
maintenance of such equipment and
systems.
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
tho 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 paragraph
XI.K.3.a.(4) of this section, 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 follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections 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. The
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
bo 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.
fa)ffon-storm Water Discharges
(f) 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 onsite 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 prevention plan
shall indicate why the certification :
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph (iii) (below).
(U) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part m.A.2 (Prohibition of 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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
paragraph XI.K.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] 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), snow management
activities, infiltration devices, wet
detention/retention devices, or other
equivalent measures.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan but 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.K.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.K.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
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Federal Register / Vol. 60, No. 189 / Friday, September 29. 1995 / Notices
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
(4)(b) (above) of the permit shall be
made and retained as part of the storm
water pollution prevention plan for at
least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those in Part
V.B of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with hazardous
waste treatment, storage, or disposal
facilities (TSDFs) must monitor their
storm water discharges associated with
industrial activity at least quarterly (4
times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). TSDFs are
required to monitor their storm water
discharges for the pollutants of concern
listed in Table K—1 below. Facilities
must report in accordance with 5.b.
(Reporting). In addition to the
parameters listed in Table K-l 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
that 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.
TABLE K-1.—INDUSTRY MONITORING
REQUIREMENTS
Pollutants of concern
Ammonia
Total Recoverable
Magnesium*.
Chemical Oxygen De-
mand (COD).
Total Recoverable Ar-
senic.
Total Recoverable Cad-
mium.
Total Cyanide"
Total Recoverable Lead .,
Total Recoverable Mer-
cury.
Total Recoverable Sele-
nium.
Total Recoverable Silver,
Cut-off concentra-
tion
19.0mg/L.
0.0636 mg/L.
120.0 mg/L.
0.16854 mg/L.
0.0159 mg/L.
0.0636 mg/L.
0.0816 mg/L.
0.0024 mg/L.
0.2385 mg/L.
0.0318 mg/L.
*The MDL for magnesium is 0.02 mg/L
method 200.6.
"The MDL for cyanide is 0.02 mg/L method
335.1, 335.2, or 335.3.
(1) Monitoring Periods. TSDFs shall
monitor samples collected during the
sampling periods of: January through
March, April through June, July through
September, and October through
December for the years specified in.
paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
K-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility which drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
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51179
effluent of one of such outfalls and
report that the quantitative data also
applies to the substantially identical
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph b below, 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, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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 VLB. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
tho monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees with TSDFs
shall submit monitoring results for each
outfall associated with industrial
activity [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the reporting period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Fonn(s)
postmarked no later than the 31st day of
the following March [insert the date 2
years after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), TSDFs 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 b (above).
c. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a representative storm
water discharge associated with
industrial activity from each outfall,
except discharges exempted below. The
examination must be made at least once
in each of the following periods: January
through March, April through June, July
through September, and October
through December during daylight
hours unless there is insufficient rainfall
. or snow melt to produce a runoff event.
: (2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the observation
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
L. Storm Water Discharges Associated
With Industrial Activity From Landfills
and Land Application Sites
1. Discharges Covered Under This
Section
a. Coverage. The requirements listed
under this section shall apply to storm
water discharges associated with
industrial activity from waste disposal
at landfills and land application sites
that receive or have received industrial
wastes. Landfill and land application
operators that have storm water
discharges from other types of industrial
activities such as vehicle maintenance,
truck washing, and/or recycling may be
subject to additional requirements
specified elsewhere in this permit.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any} are
applicable to the facility.
b. Limitations. Storm water discharges
associated with industrial activities
from inactive landfills and land
application sites occurring on Federal
lands where an operator cannot be
identified are ineligible for coverage
under this permit.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to the broad
non-storm water prohibition in Part
HI.A of today's permit, the discharge of
leachate and vehicle and equipment
washwaters to waters of the United
States or a municipal separate storm
sewer system is not authorized by this
permit. Operators with such discharges
must obtain coverage under a separate
NPDES permit (other than this permit).
Discharges from open dumps as defined
under RCRA are also not authorized
under this permit (e.g., leachate, runoff).
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 pollutant to
storm water discharges or which may
result in the discharge of pollutants
during 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.
(i) 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 of active and
closed landfill cells or trenches,
locations of active and closed land
application areas, locations of any
known leachate springs or other areas
where uncontrolled leachate may
commingle with runoff, locations of any
leachate collection and handling
systems, locations where major spills or
leaks identified under Part
XI.L.3.a.(2)(c) (Spills and Leaks) of this
permit have occurred, and locations of
the following activities where such
activities are exposed to precipitation:
fueling station, vehicle and equipment
maintenance and/or cleaning areaSj and
waste and other significant material
loading/unloading and storage areas.
The map must indicate the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls.
(ii) 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
chemicals; quantities of chemicals used,
produced or discharged; the likelihood
of contact with storm water; and the
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, or disposed
of in a manner to allow exposure to
storm water between the time of 3 years
prior to the date of the submission of a
Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of submission of a Notice of Intent
(NOI) to be covered under this permit
and the present; the location and a
description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives. The inventory of
exposed materials shall include, but
shall not be limited to the significant
material management practices
employed.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 of
sampling data collected during the term
of this permit. Permittees shall also
provide all available sampling data for
leachate generated at the site.
(e) Risk Identification and Summary
of Potential Pollutant Sources—Include
a narrative description of potential
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51181
pollutant sources associated with any of
the following, providing they occur at
the facility: fertilizer, herbicide and
pesticide application; earth/soil moving;
waste hauling and loading/unloading;
outdoor storage of significant materials
including daily, interim and final cover
material stockpiles as well as temporary
waste storage areas; exposure of active
and inactive landfill and land
application areas; uncontrolled leachate
flows; failure or leaks from leachate
collection and treatment systems; haul
roads; and vehicle tracking of
sediments. The description shall
specifically list any significant potential
sources of pollutants at the site and for
each potential source, any pollutant or
pollutant parameter (e.g., biochemical
oxygen demand, etc.) of concern shall
bo 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 water discharges in
a clean, orderly manner. Permittees
shall consider providing protected
materials storage areas for pesticides,
herbicides, fertilizers, and other
significant materials.
(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.
Where applicable, permittees
addressed by this section shall also: (1)
maintain containers used for outdoor
chemical and significant materials
storage to prevent leaking or rupture; (2)
maintain all elements of leachate
collection and treatment systems to
prevent commingling of leachate with
storm xvater; and (3) maintain the
integrity and effectiveness of any
intermediate or final cover, including >
making repairs to the cover as necessary
to minimize the effects of settlement,
sinking, and erosion.
(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—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
; facility at appropriate intervals specified
in the plan.
(i) For operating landfills and land
application sites, inspections shall be
conducted at least once every 7 days.
Qualified personnel shall Inspect areas
of landfills that have not yet been finally
stabilized, active land application areas,
areas used for storage of materials/
wastes that are exposed to precipitation,
stabilization and structural control
measures, leachate collection and
treatment systems, and locations where
equipment and waste trucks enter and
exit the site. Where landfill areas have
been finally stabilized and where land
application has been completed, or
during seasonal arid periods in arid
areas (areas with an average annual
rainfall of 0 to 10 inches) and semiarid
areas (areas with an average annual
rainfall of 10 to 20 inches), inspections
will be conducted at least once every
month. Erosion and sediment control
measures shall be observed to ensure
they are operating correctly.
(ii) For inactive landfills and land
application sites, inspections shall be
conducted at least quarterly, and
qualified personnel shall inspect:
landfill stabilization and structural
erosion control measures and leachate
collection and treatment systems, and
all closed land application areas.
A set of tracking or follow-up
procedures shall be used to ensure that
appropriate actions are taken in
response to the inspections. The
pollution prevention plan shall be
revised to address any problems found
during inspections. Records of
inspections 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
conducting inspections, spill response,
good housekeeping, conducting
inspections and material management
practices. The 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. Landfill
operators shall provide for a tracking
system for the types of wastes disposed
of in each cell or trench of a landfill.
Land application site operators shall
track the types and quantities of wastes
applied in specific areas.
(e) Non-storm Water Discharges.
(i) The plan shall include a
certification that the discharge has been
tested or evaluated for the presence of
non-storm water discharges including
leachate and vehicle wash waters. 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.L.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (Prohibition of Non-
storm Water Discharges) of this permit
that are combined with storm water
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51182
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
discharges associated with industrial
activity must he 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 180 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date of permit issuance], 180
days after submitting an 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
Unites States which are not authorized
by an NPDES permit are unlawful, and
must be terminated.
(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.
Landfill operators shall provide for
temporary stabilization of materials
stockpiled for daily, intermediate and
final cover. Stabilization practices to
consider include, but are not limited to,
temporary seeding, mulching, and
placing geotextiles on the inactive
portions of the stockpiles.
Landfill operators shall provide for
temporary stabilization of inactive areas
of the landfill which have an
intermediate cover but no final cover.
Landfill operators shall provide for
temporary stabilization of any landfill
areas which have received a final cover
until vegetation has established itself.
Land application site operators shall
also stabilize areas where waste
application has been completed until
vegetation has been established.
(i) Management of Runoff—"The plan
shall also 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
paragraph XLL.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures may
include: silt fences, earth dikes, gradient
terraces, drainage swales, sediment
traps, check dams, pipe slope drains,
level spreaders, storm drain inlet
protection, rock outlet protection,
reinforced soil retaining systems,
gabions and temporary or permanent
sediment basins, or other equivalent
measures. Structural practices should be
placed on upland soils as practicable.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but in no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity at landfill and land
application sites 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.L.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.L.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in timely manner,
but in no case more than 12 weeks after
the evaluation. •
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan for at least 3
years from the date of the evaluation.
The report shall identify any incidents
of noncompliance. Where a report does
not identify any incidents of
noncompliance, 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 compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those in Part
V.B of this permit.
5. Monitoring and Reporting
Requirements
(a) Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with landfill/land
application sites must monitor their
storm water discharges associated with
industrial activity at least quarterly (4
times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Landfill/land
application sites are required to monitor
their storm water discharges for the
pollutants of concern listed in Table L—
1 below. Facilities must report in
accordance with S.b. (Reporting). In
addition to the parameters listed in
Table L—1 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 that 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.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51183
TABLE L-1.—INDUSTRY MONITORING
REQUIREMENTS
Pollutants of concern
Total Suspended Solids
CTSS)'.
Tola! Recoverable Iron" .
Cut-off concentra-
tion
100 mg/L
1.0mg/L
'Applicable to all landfill and land application
sites.
"Applicable to all facilities except MSWLF
areas closed In accordance with 40 CFR
258.60 requirements.
(1) Monitoring Periods. Landfill/land
application sites shall monitor samples
collected during the sampling periods
of: January through March, April
through June, July through September,
and October through December for the
years specified in paragraph a (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. All such
samples shall be collected from the
discharge resulting from a storm event
Chat 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable, permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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 (e.g., drought,
extended frozen conditions, etc.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
L-1 under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility which drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, title operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
' lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of tike outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph (b) below, 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, or significant
materials from past industrial activity,
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of the fact
sheet to this permit. In the case of
certifying that a pollutant is not present,
the permittee must submit the
certification along with the monitoring
reports required under paragraph (b)
below. If the permittee cannot certify for
an entire period, they must submit the
date exposure was eliminated and any
monitoring required up until that date.
This certification option is not
applicable to compliance monitoring
requirements associated with effluent
limitations.
(b) Reporting. Permittees with
landfill/land application sites shall
submit monitoring results for each
outfall associated with industrial
activity [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the reporting period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following March [insert the date 2
years after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one Discharge Monitoring
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51184
Federal Register / Voll 60, No. 189 / Friday, September 29, 1995 / Notices
Report form must be submitted per
storm event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet to this permit.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above) landfill/land
application sites, 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 b (above).
(c) Quarterly Visual Examination of
Storm Water Quality, Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described in (1) below] during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; October through
December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for the entire permit term.
(3) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(5) When a discharger is unable to
conduct a visual examination as a result
of adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
6. Definition
"Inactive Landfill"— For the purposes
of this permit, a landfill is considered
inactive when, on a permanent basis, it
will no longer receive waste and has
completed closure in accordance with
any applicable Federal, State, and/or
local requirements.
M. Storm Water Discharges Associated
With Industrial Activity From
Automobile Salvage Yards
1. Discharges Covered Under This
Section
The requirements of this section
apply to point source discharges of
storm water associated with industrial
activity from facilities engaged in
dismantling or wrecking used motor
vehicles for parts recycling or resale and
for scrap (Standard Industrial
Classification (SIC) Code 5015).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Storm Water Pollution Prevention
Plan Requirements
(a.) 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 storm water pollution
prevention plan must describe
industrial activities, significant
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51185
materials, and physical features of the
facility that may contribute to storm
water runoff or, during periods of dry
weather, result in dry weather flows.
Plans must include the following
elements:
(a) Site Map—The plan must contain
a map of the site that shows structural
features that control pollutants in storm
water runoff4 and process wastewater
discharges, surface water bodies
(including wetlands), places where
significant materials are exposed to
rainfall and runoff, and locations of
major spills and leaks that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to ba covered under this permit. The
map must also indicate the flow
direction of storm water runoff. The
location of each storm water outfall
associated with an industrial activity, as
woll as an outline of the drainage area
for each storm water outfall and an
indication of the types of discharges in
each drainage area must be indicated.
The map must indicate the location of
each monitoring point. The map must
include an estimation (in acres) of the
total area used for industrial activity
including, but not limited to,
dismantling, storage, and maintenance
of used motor vehicles and motor
vehicle parts. The map must also
indicate the location of the following
activities where such activities are
exposed to precipitation: vehicle storage
areas; dismantling areas; parts storage
areas, including engine blocks, tires,
hub caps, batteries, hoods, and mufflers;
fueling stations; vehicle and equipment
maintenance areas; cleaning areas
(parts, vehicles, and/or equipment);
loading and unloading areas; locations
used for the treatment, storage, and
disposal of wastes; and liquid storage
tanks and drums for fuel and other
fluids.
(b) Inventory of Potential Pollutant
Sources—Facility operators are required
to carefully conduct an inspection of the
site to identify significant materials
exposed to precipitation that may
contribute pollutants to storm water
discharges. The inventory must address
materials that within 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit have been handled, stored,
processed, treated, or disposed of in a
manner to allow exposure to storm
water. Findings of the inventory must be
documented in detail in the pollution
prevention plan. At a minimum, the
plan must describe the method and
location of onsite storage or disposal;
•"Features such as grass swales and vegetative
buffer strips also should bo shown.
practices used to minimize contact of
materials with rainfall and runoff;
existing structural and nonstructural
controls that reduce pollutants in storm
water runoff; existing structural controls
that prohibit/control process wastewater
discharges; and any treatment the runoff
receives before it is discharged to
surface waters or through a separate
storm sewer system. The description
must be updated whenever there is a
significant change in the types or
amounts of materials, or material
management practices, that may affect
the exposure of materials to storm
water.
(c) Significant Spills and Leaks—The
plan must include a list of any
significant spills and leaks of toxic or
hazardous pollutants that occurred in
the 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit.
Significant spills include, but are not
limited to, releases of oil or hazardous
substances in excess of quantities that
are reportable under Section 311 of
CWA (see 40 CFR 110.10 and 40 CFR
117.21) or Section 102 of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) (see 40 CFR 302^4).
Significant spills may also include
releases of oil or hazardous substances
that are not in excess of reporting
requirements and releases of materials
that aie not classified as oil or a
hazardous substance. This list shall be
updated as appropriate during the term
of the permit.
(d) Sampling Data—Any existing data
or data collected during the term of this
permit describing the quality or quantity
of storm water discharges from the
facility must be summarized in the plan.
The description should include a
discussion of the methods used to
collect and analyze the data. Sample
collection points should be identified in
the plan and shown on the site map.
(e) Summary of Potential Pollutant
Sources—The description of potential
pollution sources should clearly point
to activities, materials, and physical
features of the facility that have a
reasonable potential to contribute
significant amounts of pollutants to
storm water discharges. Any such
industrial activities, significant
materials, or features must be addressed
by the measures and controls
subsequently described in the plan. In
conducting the assessment, the facility
operator must consider the potential for
the following activities to contribute
pollutants: vehicle storage areas;
dismantling areas; parts storage areas,
I including engine blocks, tires, hub caps,
batteries,, and hoods; fueling stations;
vehicle and equipment maintenance
areas; cleaning areas (parts and vehicles
and/or equipment); loading/unloading
areas; locations used for the treatment,
storage, and disposal of wastes; and
liquid storage tanks and drums for fuel
and other fluids.
The assessment must identify the
pollutant parameter or parameters (i.e.,
copper, iron, lead, oil and grease, total
suspended solids, etc.) associated with
each pollutant source.
(3) Measures and Controls. Following
completion of the source identification
and assessment phase, the permittee
must evaluate, select, and describe the
pollution prevention measures, best
management practices (BMPs), and
other controls that will be implemented
at the facility. BMPs include processes,
procedures, schedules of activities,
prohibitions on practices, and other
management practices that prevent or
reduce the discharge of pollutants in
storm water runoff.
The pollution prevention plan must
discuss the reasons each selected
control or practice is appropriate for the
facility and how each will address the
potential sources of storm water
pollution. The plan also must include a
schedule specifying the time or times
during which each control or practice
will be implemented. In addition, the
plan should discuss ways in which the
controls and practices relate to one
another and, when taken as a whole,
produce an integrated and consistent
approach for preventing or controlling
potential storm water contamination
problems.
(a) Good Housekeeping—Good.
housekeeping requires the maintenance
of areas which may contribute
pollutants to storm water discharges in
a clean, orderly manner.
(b) Preventive Maintenance—The
preventive maintenance program shall
schedule periodic inspections and
ensure appropriate maintenance of
storm water management devices and
facility equipment and systems. This
program will address conditions that
could cause breakdowns or failures
resulting in the discharge of pollutants
to surface waters. The maintenance
program shall include periodic removal
» of debris from discharge diversions,
conveyance systems, and
impoundments/ponds. These activities
should be conducted in the spring, after
snow melt, and during the fall season.
Maintenance schedules for
sedimentation/impoundments must be
provided in the pollution prevention
plan.
(c) Spill and Leak Prevention and
Response Procedures—Areas where
potential spills which can contribute
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51186 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
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. After
clean up from a spill, absorbents must
be promptly placed in containers for
proper disposal. All vehicles that are
intended to be dismantled must be
properly'drained of all fluids upon
arrival at the site, or as soon as feasible
thereafter, or other equivalent means
must be taken to prevent leaks or spills
of such fluids.
(d) Inspections—Upon arrival at the
site, or as soon as feasible thereafter,
vehicles must be inspected for leaks.
Any equipment containing oily parts,
hydraulic fluids, or any other types of
fluids shall be inspected at least
quarterly (four times per year) for signs
of leaks. Any outdoor storage of fluids
including, but not limited to, brake
fluid, transmission fluid, radiator water,
and antifreeze, must be inspected at
least quarterly for leaks. All outdoor
liquid storage containers (e.g., tanks,
drums) must be inspected at least
quarterly for leaks.
Qualified facility personnel are
required to conduct quarterly visual
inspections of BMPs. The inspections
shall include: (1) An assessment of the
integrity of storm water flow diversion
and source minimization systems; (2)
visual inspections of dismantling areas,
vehicle and equipment maintenance
areas, vehicle, equipment, and parts
cleaning and storage areas, and other
potential sources of pollution for
evidence of actual or potential pollutant
discharges of contaminated storm water.
Inspections shall be conducted in
each of the following periods: January
through March; April through June; July
through September; and October
through December.
Reports of the quarterly inspections
(or more frequent if appropriate) shall
be retained as part of the plan. Based on
the results of each inspection the plan
must be revised as appropriate within 2
weeks after each inspection. Changes in
the measures and controls must be
implemented on the site in a timely
manner, and never more than 12 weeks
after completion of the inspection.
(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. The
pollution prevention plan shall include
a schedule for training. Employee
training must, at a minimum, address
the following areas when applicable to
a facility: proper handling (collection,
storage, and disposal) of oil, used
mineral spirits, anti-freeze, and
solvents; spill prevention and response;
fueling procedures; good housekeeping
practices; and used battery management.
ff) 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. The permittee must describe
procedures for developing and retaining
records on the status and effectiveness
of plan implementation. The plan must
address monitoring, arid BMP
inspection and maintenance activities.
Ineffective BMPs must be reported and
the date of their corrective action noted.
(g) Non-storm Water Discharges
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 XI.M.2.b.(3)(g)(iii)
(Failure to Certify) of this permit.
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part IH.A.2 (Prohibition of 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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. Permittees must consider
measures to maximize stabilization of
industrial areas using vegetative cover,
gravel, impervious surfaces or other
appropriate measures.
(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
measures that the permittee determines
to be reasonable and appropriate and
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 Part XI.M.2.a.(2)
(Description of Potential Pollutant
Sources) of this permit) shall be
considered when determining
reasonable and appropriate measures.
Appropriate measures may include:
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51187
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),
snow management activities, infiltration
devices, wet detention/retention
devices, or other equivalent measures.
In addition, the permittee must describe
the storm water pollutant source area or
activity (e.g., dismantling area, storage
area, cleaning operations) to be
controlled by each storm water
management practice.
The plan must consider management
practices, such as berms or drainage
ditches on the property line, that may be
used to prevent runon from neighboring
properties. Berms must be considered
for uncovered outdoor storage of oily
parts, engine blocks, and above ground
liquid storage. The installation of
detention ponds must also be
considered. The permittee shall
consider the installation of a filtering
device to receive runoff from industrial
areas. The installation of oil/water
separators must also be considered.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct comprehensive site compliance
evaluations at appropriate intervals
specified in the plan, but in no case less
than once a year. The storm water
pollution prevention plan must describe
the scope and content of comprehensive
site evaluations that qualified personnel
will conduct to (1) confirm the accuracy
of the description of potential pollution
sources contained in the plan, (2)
determine the effectiveness of the plan,
and (3) assess compliance with the
terms and conditions of the permit. The
individual or individuals who will
conduct the evaluations must be
identified in the plan and should be
members of the pollution prevention
team. Such evaluations shall provide:
(a)Aieas 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
01 equipment needed to implement the
plan, such as spill response equipment,
shall be made.
(b) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with Part XI.M.2.a.(2)
(Description of Potential Pollutant
Sources) of this permit and pollution
prevention measures and controls
identified in the plan in accordance
with paragraph XI.M.2.a.(3) (Measures
and Controls) of this permit shall be
revised as appropriate within 2 weeks of
such evaluation and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
'XI.M.2.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
, conducted in place of one such
inspection.
3. Numeric Effluent Limitations
There are no additional numeric
: effluent limitations beyond those
described in Part V.B of this permit.
4. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
• date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees operating
automobile salvage yards must monitor
their storm water discharges associated
with industrial activity at least quarterly
(4 times per year) during years 2 and 4
: except as provided in paragraphs 4.a.(3)
(Sampling Waiver), 4.a.(4)
(Representative Discharge), and 4.a.(5)
: (Alternative Certification). Automobile
salvage yards are required to monitor
their storm water discharges for the
pollutants of concern listed in Table M—
1 below. Facilities must report in
accordance with S.b. (Reporting). In
addition to the parameters listed in
Table M-l 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 that 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.
TABLE M-1.—Monitoring
Requirements
Pollutants of concern
Total Suspended Solids
Total Recoverable Aluminum
Total Recoverable Iron
Total Recoverable Lead
Monitor-
ing cut-off
con-
centration
(mg/L)
100
0.75
1.0
0.0816
(1) Monitoring Periods. Automobile
salvage yards shall monitor samples
collected during the sampling periods
of: January through March, April
through June, July through September,
and October through December for the
years specified in paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
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Federal Register / Vol. 60, No. 189; / Friday, September 29, 1995 / Notices
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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 (e.g., drought,
extended frozen conditions, etc.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring: period [insert date 1 year
after permit issuance] lasting through
[insert date ,2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
M-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in the area of the
facility which drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided die discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under b
below, under penalty of law, signed in
accordance with Part VH.G. (Signatory
Requirements), that material handling
equipment or activities, raw materials,
intermediate products, final products,
waste materials, by-products, industrial
machinery or operations, or significant
materials from past industrial activity,
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and conduct any monitoring
required up until that date. This
certification option is not applicable to
compliance monitoring requirements
associated with effluent limitations.
b. Reporting. Permittees with
automobile salvage yards shall submit
monitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results (or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report Form must be
submitted per storm event sampled.
Signed copies of Discharge Monitoring
Reports, or said certifications, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office listed in
Part VI.C. of the fact sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), automobile salvage
yards 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 b
(above).
c. Quarterly Visual Examination of
Storm Water Quality. All automobile
salvage yard facilities shall perform and
document a visual examination of a
storm water discharge associated with
industrial activity from each outfall,
except discharges exempted below. The
examination(s) must be made at least
once in each of the following 3-month'
periods: January through March, April
through June, July through September,
and October through December. The
examination shall be made during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. All such
samples shall be collected from the
discharge resulting from a storm event
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51189
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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for the entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outlalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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 (e.g., drought,
extended frozen conditions, etc.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
5. Retention of Records
The permittee shall retain records of
all inspections and monitoring
information, including certification
reports, noncompliance reports,
calibration and maintenance records
and all original strip chart recordings for
continuous monitoring instrumentation,
copies of all reports, and supporting
data, requested by the permitting
authority for at least 3 years after the
date of the inspection or monitoring
event.
N. Storm Water Discharges Associated
With Industrial Activity From Scrap
Recycling and Waste Recycling
Facilities
i. Discharges Covered Under This
Section
The requirements listed under this
section are applicable to storm water
discharges from the following activities:
facilities that are engaged in the
processing, reclaiming and wholesale
distribution of scrap and waste
materials such as ferrous and nonferrous
metals, paper, plastic, cardboard, glass,
animal hides (these types of activities
are typically identified as SIC code
5093). Facilities that are engaged in
reclaiming and recycling liquid wastes
such as used oil, antifreeze, mineral
spirits, and industrial solvents (also
identified as SIC code 5093) are also
covered under this section. Separate
permit requirements have been
established for recycling facilities that
only receive source-separated recyclable
materials primarily from non-industrial
and residential sources (also identified
as SIC 5093) (e.g., common consumer
products including paper, newspaper,
glass, cardboard, plastic containers,
aluminum and tin cans). This includes
recycling facilities commonly referred to
as material recovery facilities (MRF).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges
(1) Except as provided in paragraph
XI.N.2.b., all discharges covered by this
permit shall be composed entirely of
storm water. Non storm water
discharges from turnings containment
areas are not covered under this permit.
(a) Except as provided in paragraph
XI.N.2.b. (below), discharges of material
other than storm water to waters of the
United States, or through municipal
separate storm sewer systems, are not
authorized by this permit. The operators
of such discharges must obtain coverage
under a separate National Pollutant
Discharge Elimination System (NPDES)
permit (other than this permit) issued
for the discharge.
(b) The following non-storm water
discharges are authorized by this permit
provided the non-storm water
component of the discharge is in
compliance with paragraph XI.N.3.a.(3)
(Measures and Controls for Storm Water
Discharges): discharges from fire
fighting activities; fire hydrant flushing;
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
materials have been removed) and
where detergents are not used; air
conditioning condensate; springs; and
uncontaminated ground water.
3. Storm Water Pollution Prevention
Plan Requirements
a. Contents of Plan. The following
general requirements for the storm water
pollution prevention plan are applicable
to activities which reclaim and recycle
either recyclable nonliquid and liquid
waste materials. In addition to the
general requirements, Paragraph
XI.N.3.a.(3)(a) (below) identifies special
requirements for scrap recycling and
waste recycling facilities (nonsource-
separated facilities) that handle
nonliquid wastes. Paragraph
XI.N.3.a.(3)(b) (below) identifies special
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51190 Federal Register / Vol. 60. No. 189 / Friday. September 29. 1995 / Notices
requirements for waste recycling
facilities that handle only liquid wastes.
Paragraph XI.N.3.a.(3)(c) identifies
special requirements for recycling
facilities, including MRFs, that receive
only source-separated recyclable
materials primarily from non-industrial
and residential sources. 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 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 or, during periods of dry
weather, result in dry weather flows.
Each plan shall include, at a minimum:
(a) Drainage
(i) A site map indicating the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls, 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 (including
wetlands), locations where significant
materials are exposed to precipitation
including scrap and waste material
storage and outdoor scrap and waste
processing equipment, locations where
major spills or leaks identified in
paragraph XI.N.3.a.(2)(c) of this section
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, material storage (including tanks
or other vessels used for liquid or waste
storage). Scrap recycling facilities that ,
handle turnings that have been
previously exposed to cutting fluids will
delineate these containment areas as
required in paragraph XI.N.3.a.(iii). The
site map must also identify monitoring
locations.
(ii) 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 typ'es of
pollutants which are likely to be present
in storm water discharges associated
with industrial activity. Factors to
consider include the toxicity of a
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; method and location of
onsite storage or disposal; materials
management practices employed to
minimize contact of materials with
storm water runoff; the location and a
description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment .the
storm water receives.
(c) Spills and Leaks—A list of
significant spills and 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 3 years prior to the date of the
submission of a Notice of Intent (NOI)
to be covered under this permit.
Significant spills include, but are not
limited to, releases of oil or hazardous
substances in excess of quantities that
are reportable under Section 311 of the
Clean Water Act (GWA) (see 40 CFR
110.10 and 117.21) or Section 102 of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) (see 40 CFR 302.4). Such
a 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 potential
pollutant sources from the following
activities: loading and unloading
operations; outdoor storage activities,
outdoor processing activities; significant
dust or particulate generating processes
and onsite 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., Chemical Oxygen Demand (COD),
oil and grease, Total Suspended Solids
(TSS), zinc, lead, copper, 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 for scrap recycling and waste
recycling facilities (nonsource-
separated, nonliquid recyclable
materials), waste recycling facilities
(recyclable liquid wastes), and recycling
facilities (source-separated materials)
are identified in Parts XI.N.3.a.(3)(a),
XI.N.3.a.(3)(b), and XI.N.3.a.(3)(c),
respectively. At a minimum, the
description shall also include a
schedule for implementing such
controls:
(a) Scrap and Waste Recycling
Facilities (nonsource-separated,
nonliquid recyclable wastes)—The
following special conditions have been
established for the pollution prevention
Elan for those scrap and waste recycling
icilities that receive, process and
provide wholesale distribution of
nonliquid recyclable wastes, (e.g.,
ferrous and nonferrous metals, plastics,
glass, cardboard, and paper). This
section of the permit is intended to
distinguish waste recycling facilities
that receive both nonrecyclable and
recyclable materials from those
recycling facilities that only accept
recyclable materials primarily from non-
industrial and residential sources.
Under the description of measures and
controls in the storm water pollution
prevention plan, the plan will address
all areas that have a reasonable potential
to contribute pollutants to storm water
discharges and will be maintained in a
clean and orderly manner. At a
minimum, the planWill address the
following activities and areas within the
plan:
(i) Inbound Recyclable and Waste
Material Control Program—The plan
shall include a recyclable and waste
material inspection program to
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51191
minimize the likelihood of receiving
materials that may be significant
pollutant sources to storm water
discharges. At a minimum, the plan
shall address the following:
(a) Provision of information/
education (flyers, brochures and
pamphlets) to encourage suppliers of
scrap and recyclable waste materials to
drain residual fluids, whenever
applicable, prior to its arrival at the
facility. This includes vehicles and
equipment engines, radiators, and
transmissions, oil-filled transformers,
and individual containers or drums;
(b) Activities which accept scrap and
materials that may contain residual
fluids, e.g., automotive engines
containing used oil, transmission fluids,
etc., shall describe procedures to
minimize the potential for these fluids
from coming in contact with either
precipitation or runoff. The description
shall also identify measures or
procedures to properly store, handle
and dispose of these residual fluids;
(c) Procedures pertaining to the
acceptance of scrap lead-acid batteries.
Additional requirements for the
handling, storage and disposal or
recycling of batteries shall be in
conformance with conditions for a scrap
lead-acid battery program, see paragraph
XI.N.3.a.(3)(a)(vi) (below);
fdj A description of training
requirements for those personnel
engaged in the inspection and
acceptance of inbound recyclable
materials.
(e) Liquid wastes, including used oil,
shall be stored in materially compatible
and nonleaking containers and disposed
or recycled in accordance with all
requirements under the Resource
Recovery and Conservation Act (RCRA),
and other State or local requirements.
(ii) Scrap and Waste Material
Stockpiles/Storage (outdoors}—The
plan shall address areas where
significant materials are exposed to
either storm water runoff or
precipitation. The plan must describe
those measures and controls used to
minimize contact of storm water runoff
with stockpiled materials, processed
materials and nonrecyclable wastes. The
plan should include measures to
minimize the extent of storm water
contamination from these areas. The
operator may consider the use of
permanent or semipermanent covers, or
other similar forms of protection over
stockpiled materials where the operator
determines that such measures are
reasonable and appropriate. The
operator may consider the use of
sediment traps, vegetated swales and
strips, to facilitate settling or filtering
out of pollutants. The operator shall
consider within the plan the use of the
following BMPs (either individually or
in combination) or their equivalent to
minimize contact with storm water
runoff:
(a) Promoting the diversion of runoff
away from these areas through such
practices as dikes, berms, containment
trenches, culverts and/or surface
(b) Media filtration such as catch
basin filters and sand filters; and,
(c) Silt fencing; and,
(d) Oil/water separators, sumps and
dry adsorbents in stockpile areas that
are potential sources of residual fluids,
e.g., automotive engine storage areas.
(Hi) Stockpiling of Turnings
Previously Exposed to Cutting Fluids
(outdoors)—The plan shall address all
areas where stockpiling of industrial
turnings previously exposed to cutting
fluids occurs. The plan shall implement
those measures necessary to minimize
contact of surface runoff with residual
cutting fluids. The operator shall
consider implementation of either of the
following two alternatives or a
combination of both or equivalent
measures:
(a) Alternative 1: Storage of all
turnings previously exposed to cutting
fluids under some form of permanent or
semi-permanent cover. Discharges of
residual fluids from these areas to the
storm sewer system in the absence of a
storm event is prohibited. Discharges to
the storm sewer system as a
consequence of a storm event is
permitted provided the discharge is first
directed through an oil/water separator
or its equivalent. Procedures to collect,
handle, and dispose or recycle residual
fluids that may be present shall be
identified in the plan, or,
(b) Alternative 2: Establish dedicated
containment areas for all turnings that
have been exposed to cutting fluids
where runoff from these areas is
directed to a storm sewer system,
providing the following:
(i) containment areas constructed of
either concrete, asphalt or other
equivalent type of impermeable
material;
(ii) a perimeter around containment
areas to prevent runoff from moving
across these areas. This would include
the use of shallow berms, curbing, or
constructing an elevated pad or other
equivalent measure;
(iii) a suitable drainage collection
system to collect all runoff generated
from within containment areas. At a
minimum, the drainage system shall
include a plate-type oil/water separator
or its equivalent. The oil/water
separator or its equivalent shall be
installed according to the .
manufacturer's recommended
specifications, whenever available,
specifications will be kept with the
plan.
(iv) a schedule to maintain the oil/
water separator (or its equivalent) to
prevent the accumulation of appreciable
amounts of fluids. In the absence of a
storm event, no discharge from
containment areas to the storm sewer
system are prohibited unless covered by
a separate NPDES permit;
(v) identify procedures for the proper
disposal or recycling of collected
residual fluids.
(iv) Scrap and Waste Material
Stockpiles/Storage (covered or indoor
storage)—The plan shall address
measures and controls to minimize
residual liquids and accumulated
particulate matter, originating from .
scrap and recyclable waste materials
stored indoors or under cover, from
coming in contact with surface runoff.
The operator shall consider including in
the plan the following or equivalent
measures:
(a) Good housekeeping measures,
including the use of dry absorbent or
wet vacuum clean up methods, to
collect, handle, store and dispose or
recycle residual liquids originating from
recyclable containers, e.g., beverage
containers, paint cans, household
cleaning products containers, etc.;
(b) Prohibiting the practice of
allowing washwater from tipping floors
or other processing areas from
discharging to any portion of a storm
sewer system;
(c) Disconnecting or sealing off all
existing floor drains connected to any
portion of the storm sewer system.
(v) Scrap and Recyclable Waste
Processing Areas—The plan shall
address areas where scrap and waste
processing equipment are sited. This
includes measures and controls to
minimize surface runoff from coming in
contact with scrap processing
equipment. In the case of processing
equipment that generate visible amounts
of particulate residue, e.g., shredding
facilities, the plan shall describe good
housekeeping and preventive
maintenance measures to minimize
contact of runoff with residual fluids
and accumulated particulate matter. At
a minimum, the operator shall consider
including in the plan the following or
other equivalent measures:
(a) A schedule of periodic inspections
of equipment for leaks, spills,
malfunctioning, worn or corroded parts
or equipment;
(b) Preventive maintenance program
to repair and/or maintain processing
equipment;
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Federal Register / Vol. 60. No. 189 / Friday, September 29, 1995 / Notices
(c) Measures to minimize shredder
fluff from coming in contact with.
surface runoff;
(d) Use of dry-absorbents or other
cleanup practices to collect and to
dispose or recycle spilled or leaking
fluids;
(e) Installation of low-level alarms or
other equivalent protection devices on
unattended hydraulic reservoirs over
150 gallons in capacity. Alternatively,
provide secondary containment with
sufficient volume to contain the entire
volume of the reservoir.
The operator shall consider
employing the following additional
BMPs or equivalent measures: diversion
structures such as dikes, berms,
culverts, containment trenches, elevated
concrete pads, grading to minimize
contact of storm water runoff with
outdoor processing equipment; oil/
water separators, sumps or equivalent,
in processing areas that are potential
sources of residual fluids and grease;
permanent or semipermanent covers, or
other similar measures; retention and
detention basins or ponds, sediment
traps or vegetated swales and strips, to
facilitate settling or filtering out of
pollutants in runoff from processing
areas; or media filtration such as catch
basin filters and sand filters.
(vi) Scrap Lead-Acid Battery
Program—The plan shall address
measures and controls for the proper
handling, storage and disposition of
scrap lead-acid batteries (note, this
permit does apply to the reclaiming of
scrap lead-acid batteries, i.e., breaking
up battery casings to recover lead). The
operator shall consider including in the
plan the following or equivalent
measures:
(a) Segregating all scrap lead-acid
batteries from other scrap materials;
(b) A description of procedures and/
or measures for the handling, storage
and proper disposal of cracked or
broken batteries;
(c) A description of measures to
collect and dispose of leaking battery
fluid (lead-acid);
(d) A description of measures to
minimize and, whenever possible,
eliminate exposure of scrap lead-acid
batteries to precipitation or runoff; and
(e) A description of employee training
for the management of scrap batteries.
(vii) Erosion and Sediment Control—
The plan shall identify all areas
associated with industrial activity that
have a high potential for soil erosion
and suspended solids loadings, i.e.,
areas that tend to accumulate significant
particulate matter. Appropriate source
control, stabilization measures,
nonstructural, structural controls or an
equivalent shall be provided in these
areas. The plan shall also contain a
narrative discussion of the reason(s) for
selected erosion and sediment controls.
At a minimum, the operator shall
consider in the plan, either individually
or in combination, the following erosion
and sediment control measures:
(a) Filtering or diversion practices,
such as filter fabric fence, sediment
filter boom, earthen or gravel berms,
curbing or other equivalent measure,
(b) Catch basin filters, filter fabric
fence, or equivalent measure, place in or
around inlets or catch basins that
receive runoff from scrap and waste
storage areas, and processing'
equipment; or
(cj Sediment traps, vegetative buffer
strips, or equivalent, to remove
sediment prior to discharge through an
inlet or catch basin.
(viii) Structural Controls for Sediment
andErosion Control—In instances
where significant erosion and
suspended solids loadings continue
after installation of one or more of the
BMPs identified in paragraph
XI.N.3.a.(3)(a)(vii) (above), the operator
shall consider providing in the plan for
a detention or retention basin or other
equivalent structural control. All
structural controls shall be designed
using good engineering practice. All
structural controls and outlets that are
likely to receive discharges containing
oil and grease must include appropriate
measures to minimize the discharge of
oil and grease through the outlet. This
may include the use of an absorbent
boom or other equivalent measures.
Where space limitations (e.g.,
obstructions caused by permanent
structures such as buildings and
permanently-sited processing
equipment and limitations caused by a
restrictive property boundary) prevent
the siting of a structural control, i.e.,
retention basin, such a determination
will be noted in the plan. The operator
will identify in the plan what existing
practices shall be modified or additional
measures shall be undertaken to
minimize erosion and suspended
sediment loadings in lieu of a structural
BMP.
(ixj Spill Prevention and Response
Procedures—To prevent or minimize
storm water contamination at loading
and unloading areas, and from
equipment or container failures, the
operator shall consider including in the
plan the following practices:
(a) Description of spill prevention and
response measures to address areas that
are potential sources of leaks or spills of
fluids;
(b) Leaks and spills should be
contained and cleaned up as soon as
possible. If malfunctioning equipment is
responsible for the spill or leak, repairs
should also be conducted as soon as
possible;
(c) Cleanup procedures should be
identified in the plan, including the use
of dry absorbent materials or other
cleanup methods. Where dry absorbent
cleanup methods are used, an adequate
supply of dry absorbent material should
be maintained onsite. Used absorbent
material should be disposed of properly;
(d) Drums containing liquids,
including oil and lubricants, should be
stored indoors; or in a bermed area; or
in overpack containers or spill pallets;
or in similar containment devices;
(e) Overfill prevention devices should
be installed on all fuel pumps or tanks;
(f) Drip pans or equivalent measures
should be placed under any leaking
piece of stationary equipment until the
leak is repaired. The drip pans should
be inspected for leaks and checked for
potential overflow and emptied
regularly to prevent overflow and all
liquids will be disposed of in
accordance with all requirements under
RCRA.
(g) An alarm and/or pump shut off
system should be installed and
maintained on all outside equipment
with hydraulic reservoirs exceeding 150
gallons (only those reservoirs not
directly visible by the operator of the
equipment) in order to prevent draining
the tank contents in the event of a line
break. Alternatively, the equipment may.
have a secondary containment system
capable of containing the contents of the
hydraulic reservoir plus adequate
freeboard for precipitation. Leaking
hydraulic fluids should be disposed of
in accordance with all requirements
under RCRA.
(x) Quarterly Inspection Program—A
quarterly inspection shall include all
designated areas of the facility and
equipment identified in the plan. The
inspection shall include a means of
tracking and conducting follow up
actions based on the results of the
inspection. The inspections shall be
conducted by members of the Storm
Water Pollution Prevention team. At a
minimum, quarterly inspections shall
include the following areas: all outdoor
scrap processing areas; all material
unloading and loading areas (including
rail sidings) that are exposed to either
precipitation or storm water runoff;
areas where structural BMPs have been
installed; all erosion and sediment
BMPs; outdoor vehicle and equipment
maintenance areas; vehicle and
equipment fueling areas; and all areas
where waste is generated, received,
stored, treated, or disposed and which
are exposed to either precipitation or
storm water runoff.
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51193
The objective of the inspection shall
bo identify any corroded or leaking
containers, corroded or leaking pipes,
leaking or improperly closed valves and
valve fittings, leaking pumps and/or
hose connections, and deterioration in
diversionary or containment structures
that are exposed to precipitation or
storm water runoff.
Spills or leaks identified during the
visual inspection shall be immediately
addressed using the procedures
identified in Part XI.N.3.a.(3)(a)(ix)
(Spill Prevention and Response
Procedures). Structural BMPs shall be
visually inspected for signs of washout,
breakage, deterioration, damage, or
overflowing and breaks shall be repaired
or replaced as expeditiously as possible.
(xf) Employee Training—At a
minimum, storm water control training
appropriate to their job function shall be
provided for truck drivers, scale
operators, supervisors, buyers and other
operating personnel. The plan shall
include a proposed schedule for the
training. The employee training program
shall address at a minimum: BMPs and
other requirements of the plan; proper
scrap inspection, handling and storage
procedures; procedures to follow in the
event of a spill, leak, or break in any
structural BMP. A training and
education program shall be developed
for employees and for suppliers for
implementing appropriate activities
identified in the storm water pollution
prevention plan.
(xii) Supplier Notification—The plan
shall include a supplier notification
program that will be applicable to major
suppliers and shall include: description
of scrap materials that will not be
accepted at the facility or that are
accepted only under certain conditions.
(b) Waste Recycling Facilities (liquid
recyclable wastes)—the following
special conditions have been
established for the pollution prevention
plan for those facilities that reclaim and
recycle liquid wastes (e.g., used oil,
antifreeze, mineral spirits, and
industrial solvents). For these facilities,
tho storm water pollution prevention
plan shall address all areas that have a
reasonable potential to contribute
pollutants to storm water discharges and
will be maintained in a clean and
orderly manner. At a minimum, the
plan shall address the following
activities and areas within the plan:
(i) Waste Material Storage (indoors)—
The plan shall address measures and
controls to minimize/eliminate residual
liquids from waste materials stored
indoors from coming in contact with
surface runoff. The plan may refer to
applicable portions of other existing
plans such as SPCC plans required
under 40 CFR Part 112. At a minimum,
the operator shall consider including in
the plan the following:
(a) Procedures for material handling
(including labeling and marking);
(b) A sufficient supply of dry-
absorbent materials or a wet vacuum
system to collect spilled or leaked
materials;
(c) An appropriate containment
structure, such as trenches, curbing,
gutters or other equivalent measures;
and
(d) A drainage system to handle
discharges from diked or bermed areas.
The drainage system should include
appurtenances, (e.g., pumps or ejectors,
manually operated valves). Drainage
should be discharged to an appropriate
treatment facility, sanitary sewer
system, or otherwise disposed of
properly. Discharges from these areas
should be covered by a separate NPDES
permit or industrial user permit under
the pretreatment program.
(ii) Waste Material Storage
(outdoors)—The plan shall address
areas where waste materials are exposed
to either storm water runoff or
precipitation. The plan shall include
measures to provide appropriate
containment, drainage control and other
appropriate diversionary structures. The
plan may refer to applicable portions of
other existing plans such as SPCC plans
required under 40 CFR Part 112. At a
minimum, the plan shall describe those
measures and controls used to minimize
contact of storm water runoff with
stored materials. The operator shall
consider including in the plan the
following preventative measures, or an
equivalent:
(a) An appropriate containment
structure such as dikes, berms, curbing
or pits, or other equivalent measures.
The containment should be sufficient to
store the volume of the largest single
tank and should include sufficient
freeboard for precipitation;
(b) A sufficient supply of dry-
absorbent materials or a wet vacuum
system, or other equivalent measure, to
collect liquids from minor spills and
leaks in contained areas; and
(c) Discharges of precipitation from
containment areas containing used oil
shall be in accordance with applicable
sections of 40 CFR Part 112.
(Hi) Truck and Rail Car Waste
Transfer Areas—The plan shall describe
measures and controls for truck and rail
car loading and unloading areas. This
includes appropriate containment and
diversionary structures to minimize
contact with precipitation or storm
water runoff. The plan shall also
address measures to clean up minor
spills and/or leaks originating from the
transfer of liquid wastes. This may
include the use of dry-clean up
methods, roof coverings, runoff controls,
or other equivalent measures.
(iv) Erosion and Sediment Control—
The plan shall identify all areas
associated with industrial activity that
have a high potential for soil erosion.
Appropriate stabilization measures,
nonstructural and structural controls
shall be provided in these areas. The
plan shall contain a narrative
consideration of the appropriateness for
selected erosion and sediment controls.
Where applicable, the facility shall
consider the use of the following types
of preventive measures: sediment traps;
vegetative buffer strips; filter fabric .
fence; sediment filtering boom; gravel
outlet protection; or other equivalent
measures that effectively trap or remove
sediment prior to discharge through an
inlet or catch basin.
(v) Spill Prevention and Response
Procedures—The plan shall address
measures and procedures to address
potential spill scenarios that could
occur at the facility. This includes all
applicable handling and storage
procedures, containment and/or
diversion equipment, and clean-up
procedures. The plan shall specifically
address all outdoor and indoor storage
areas, waste transfer areas, material
receiving areas (loading and unloading),
and waste disposal areas.
(vi) Quarterly Inspections—Quarterly
visual inspections shall be conducted by
a member, or members, of the storm
water pollution prevention team. The
quarterly inspection shall include all
designated areas of the facility and
equipment identified in the plan. The
inspection shall include a means of
tracking and conducting follow up
actions based on the results of the
inspection. At a minimum, the
inspections shall include the following
areas: material storage areas; material
unloading and loading areas (including
rail sidings) that are exposed to either
precipitation or storm water runoff;
areas where structural BMPs have been
installed; all erosion and sediment
BMPs; outdoor vehicle and equipment
maintenance areas (if applicable);
vehicle and equipment fueling areas (if
applicable); and all areas where waste is
generated, received, stored, treated, or
disposed and which are exposed to
either precipitation or storm water
runoff.
The inspection shall identify the
presence of any corroded or leaking
containers, corroded or leaking pipes,
leaking or improperly closed valves and
valve fittings, leaking pumps and/or
hose connections, and deterioration in
diversionary or containment structures
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51194
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
that are exposed to precipitation or
storm water runoff. Spills or leaks shall
be immediately addressed according to
the facility's spill prevention and
response procedures.
(c) Recycling Facilities (source
separated materials)—The following
special conditions have been
established for the pollution prevention
plan for recycling facilities, including
MRFs, that receive only source-
separated recyclable materials primarily
from non-industrial and residential
sources.
(i) Inbound Recyclable Material
Control Program. The plan shall include
a recyclable material inspection
program to minimize the likelihood of
receiving non-recyclable materials (e.g.,
hazardous materials) that may be a
significant source of pollutants in
surface runoff. At a minimum, the
operator shall consider addressing in
the plan the following:
(a) A description of information and
education measures to educate the
appropriate suppliers of recyclable
materials on the types of recyclable
materials that are acceptable and those
that are not acceptable, e.g., household
hazardous wastes;
(b) A description of training
requirements for drivers responsible for
pickup of recyclable materials;
(c) Clearly mark public drop-off
containers as to what materials can be
accepted;
(dj Rejecting non-recyclable wastes or
household hazardous wastes at the
source; and
(e) A description of procedures for the
handling and disposal of non-recyclable
materials.
(ii) Outdoor Storage. The plan shall
include BMPs to minimize or reduce the
exposure of recyclable materials to
surface runoff and precipitation. The
plan, at a minimum, shall include good
housekeeping measures to prevent the
accumulation of visible quantities of
residual particulate matter and fluids,
particularly in high traffic areas. The
plan shall consider tarpaulins or their
equivalent to be used to cover exposed
bales of recyclable waste paper. The
operator shall consider within the plan
the use of the following types of BMPs
(individually or in combination) or their
equivalent, where practicable:
(a) Provide totally-enclosed drop-off
containers for public.
(b) Provide a sump and sump pump
with each containment pit. Discharge
collected fluids to sanitary sewer
system. Prevent discharging to the storm
sewer system;
(c) Provide dikes and curbs for
secondary containment, i.e., around
bales of recyclable waste paper;
(d) Divert surface runoff away from
outside material storage areas; and/or
(e) Provide covers over containment
bins, dumpsters, roll-off boxes; and,
(fl Store the equivalent one day's
volume of recyclable materials indoors.
(Hi) Indoor Storage and Material
Processing. The plan shall address
BMPs to minimize the release of
pollutants from indoor storage and
processing areas to the storm sewer
system. The plan shall establish specific
measures to ensure that all floor drains
do not discharge to the storm sewer
system. The following BMPs shall be
considered for inclusion in the plan:
(a) Schedule routine good
housekeeping measures for all storage
and processing areas;
(b) Prohibit a practice of allowing
tipping floor washwaters from draining
to any portion of the storm sewer
system;
(c) Provide employee training on
pollution prevention practices.
(iv) Vehicle and Equipment
Maintenance. The plan shall also
provide for BMPs in those areas where
vehicle and equipment maintenance is
occurring outdoors. At a minimum, the
following BMPs or equivalent measures
shall be considered for inclusion in the
plan:
(a) Prohibit vehicle and equipment
washwater from discharging to the
storm sewer system;
(b) Minimize or eliminate outdoor
maintenance areas, wherever possible;
(c) Establish spill prevention and
clean-up procedures in fueling areas;
(d) Provide employee training on
avoiding topping off fuel tanks;
(e) Divert runoff from fueling areas;
(f) Store lubricants and hydraulic
fluids indoors;
(g) Provide employee training on
proper, handling, storage of hydraulic
fluids and lubricants.
(d) Recordkeeping and Internal
Reporting Procedures—The following
record and internal reporting
procedures are applicable to all
discharges seeking coverage under this
permit. The plan shall include a
description of incidents (such as spills,
or other discharges), along with other
information describing the quality and
quantity of storm water discharges.
Inspections and maintenance activities
shall be documented and records of
such activities shall be incorporated
into the plan. The plan must address
spills, monitoring, and BMP inspection
and maintenance activities. BMPs
which are ineffective must be reported
and the date of their corrective action
noted. Employees must report incidents
of leaking fluids to-facility management
and these reports must be incorporated
into the plan.
(e) Non-storm Water Discharges
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.N.3.a.(3)(d)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (Prohibition of 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51195
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.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but 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
determinQ 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.N.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.N.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.N.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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) The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
evaluations that qualified personnel
shall conduct to (1) confirm the
accuracy of the description of potential
pollution sources contained in the plan,
(2) determine the effectiveness of the
plan, and (3) assess compliance with the
terms and conditions of the permit. The
individual or individuals who shall
conduct the evaluation'must be
identified in the plan and should be
.members of the pollution prevention
team.
A, Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
'Requirements
a.'Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with, scrap
recycling and waste recycling facilities
must monitor their storm water
discharges associated with industrial
activity at least quarterly (4 times per.
year) during years 2 and 4 except as
provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Scrap
recycling and waste recycling facilities
are required to monitor their storm
water discharges for the pollutants of
concern listed in Table N-l below.
Facilities must report in accordance
with 5.b. (Reporting). In addition to the
parameters listed in Table N-l below,
the permittee shall provide the date and
duration (in hours) of the storm event(s)
sampled; rainfall measurements or
1 estimates (in inches) of the storm event
that 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.
TABLE N-1 .—INDUSTRY MONITORING
; REQUIREMENTS
Pollutants of concern'
Chemical Oxygen Demand (COD)
Total Suspended Solids (TSS)
Cut-off
con-
centration
(mg/L
TABLE N-1 .—INDUSTRY MONITORING
REQUIREMENTS—Continued
Pollutants of concern1
Total Recoverable Aluminum
Total Recoverable Copper ....
Total Recoverable Iron '....
Total Recoverable Lead
Total Recoverable Zinc
Cut-off
con-
centration
(mg/L
0.75
0.0636
1.0
0.0816
0.117
120
100
< Several congeners of PCBs (PCB-1016,
-1221, -1242, -1248, -1260) were above es-
tablished benchmarks, however, EPA believes
that these constituents will readily bound up
with sediment and particulate matter. There-
fore, EPA believes that BMPs will effectively
address sources of PCBs and that monitoring
for TSS will serve as an adequate indicator of
the control of PCBs.
(1) Monitoring Periods. Scrap and
waste material processing and recycling
facilities shall monitor samples
collected during the sampling periods
of: January to March, April to June, July
to September, and October to December
for the years specified in paragraph a.
(above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or non-process water, then
where practicable, permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver
(a) Adverse Conditions—When a
discharger is unable to collect samples,
within a specified sampling period due
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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 (e.g., drought,
extended frozen conditions, etc.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
N-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in the area of the
facility which drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification, A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
the monitoring reports required under
paragraph b below, 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, or significant
materials from past industrial activity,
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph b. below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees with scrap
and waste material processing and
recycling facilities shall submit
monitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results (or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4 .
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet.
(I) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), scrap and waste
material processing and recycling
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 b
(above).
c. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a representative storm
water discharge associated with
industrial activity exposed to storm
water. The examination must be made at
least once each quarter during daylight
hours unless there is insufficient rainfall
or snow melt to produce a runoff event.
Examinations must be conducted at
least once in each of the following
periods: January through March; April
through June; July through September;
and October through December.
(1) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed I hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be '
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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
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event. Where practicable, the same
individual should carry out the
collection and examination of
discharges for the entire permit term.
(2) Visual examination reports must
ho maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain the
documentation on-site with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
O. Storm Water Discharges Associated
With Industrial Activity From Steam
Electric Power Generating Facilities,
Including Coal Handling Areas
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges from steam electric power
generating facilities, including coal
handling areas. Non-storm water
discharges subject to effluent limitations
guidelines are not covered by this
permit. Storm water discharges from
coal pile runoff subject to numeric
limitations are eligible for coverage
under this permit, but are subject to the
limitations established by 40 CFR 423.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
a. Limitations on Coverage. Storm
water discharges from ancillary facilities
such as fleet centers, gas turbine
stations, and substations that are not
contiguous to a steam electric power
generating facility are not covered by
this permit. Heat capture co-generation
facilities are not covered by this permit;
however, dual fuel co-generation
facilities are included.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. Except as provided under
Part III.A.2 of this permit, non-storm
Water discharges are not authorized by
this permit. The operators of such
discharges must obtain coverage under
a separate National Pollutant Discharge
Elimination System (NPDES) permit if
discharged to waters of the United
States or through a municipal separate .
storm sewer system. Storm water
discharges associated with industrial
activities that are mixed with sources of
non-storm water are not authorized by
this permit, except if mixed with non-
storm water discharges that are in
compliance with a different NPDES
permit or identified by and in
compliance with Part III.A.2
(Prohibition of Non-storm Water
Discharges) of this permit.
Storm Water Pollution Prevention Plan
Requirements
a. 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 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.
(i) A site map which clearly outlines
the locations of the following, as they
apply to the facility: The outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls, and an outline of the drainage
area of each storm water outfall that is
within the facility boundaries (and
indicating the direction of storm water
flow); processing areas and buildings;
treatment ponds; locations where
significant materials are exposed to
precipitation; storage tanks; scrap yards,
and general refuse areas; fuel storage
and distribution areas; vehicle and
equipment maintenance and storage
areas; loading/unloading areas;
locations used for treatment.storage or
disposal of wastes; location of short and
long term storage of general materials
(including but not limited to: supplies,
construction materials, plant
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
equipment, oils, fuels, used and unused
solvents, cleaning materials, paint,
water treatment chemicals, fertilizers,
and pesticides); landfills; location of
construction sites; locations of stock
pile areas (such as coal piles and
limestone piles); locations where major
spills or leaks identified under Part
XI.O.3.a.(2)(c) (Spills and Leaks) of this
permit have occurred; surface water
bodies; and existing structural control
measures to reduce pollutants in storm
water runoff (such as bermed areas,
grassy swales, etc.).
(ii) For each storm water outfall
identify the types of pollutants which
are likely to be present in the storm
water discharges. Factors to consider
include the toxicity of a 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 die 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this,
permit and die present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills and Leaks—A list of
significant spills and significant leaks of
toxic or hazardous pollutants diat
occurred at areas that are exposed to
precipitation or that otherwise drain to
a storm water conveyance at the facility
after die date of 3 years prior to die date
of die submission of a Notice of Intent
(NOI) to be 'covered under diis permit.
Such list shall be updated as
appropriate during die term of the
permit.
(d) Sampling Data—A summary of
existing discharge sampling data
describing pollutants in storm water
discharges from die facility, including a
summary of sampling data collected
during the term of diis permit.
(e) Risk Identification and Summary
of Potential Pollutant Sources—A
narrative description of the potential
pollutant sources from die following
activities: loading and unloading
operations; outdoor storage activities;
outdoor manufacturing or processing
activities; significant dust or particulate
generating processes; and onsite waste
disposal practices. The description shall
specifically list any significant potential
source of pollutants at die site and for
each potential source, any pollutant or
pollutant parameter (e.g., total
suspended solids, copper, 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
die facility, and implement such
controls. The appropriateness and
priorities of controls in a plan shall
reflect identified potential sources of
pollutants at die facility. The
description of storm water management
controls shall address die following
minimum components, including a
schedule for implementing such
controls:
(a) Good Housekeeping—Good
housekeeping requires die maintenance
of areas which may contribute
pollutants to storm water discharges in
a clean, orderly manner. The following
areas must be specifically addressed:
(i) Fugitive Dust Emissions—The plan
must describe measures diat prevent or
minimize fugitive dust emissions from
coal handling areas. The permittee shall
consider establishing procedures to
minimize offsite tracking of coal dust.
To prevent offsite tracking die facility
may consider specially designed tires,
or washing vehicles in a designated area
before diey leave die site, and
controlling die wash water.
(ii) Delivery Vehicles—The plan must
describe measures that prevent or
minimize contamination of storm water
runoff from delivery vehicles arriving
on die plant site. At a minimum die
permittee should consider die
following:
(a) Develop procedures for die
inspection of delivery vehicles arriving
on die plant site, and ensure overall
integrity of die body or container; and
(b) Develop procedures to deal with
leakage or spillage from vehicles or
containers, and ensure diat proper
protective measures are available for
personnel and environment.
(Hi) Fuel Oil Unloading Areas—The
plan must describe measures diat
prevent or minimize contamination of
storm water runoff from fuel oil
unloading areas. At a minimum die
facility operator must consider using die
following measures, or an equivalent:
(a) Use containment curbs in
unloading areas;
(b) During deliveries station personnel
familiar widi spill prevention and
response procedures must be present to
ensure diat any leaks or spills are
immediately contained and cleaned up;
and
(c) Use spill and overflow protection
(drip pans, drip diapers, and/or other
containment devices shall be placed
beneadi fuel oil connectors to contain
any spillage diat may occur during
deliveries or due to leaks at such
connectors).
(iv) Chemical Loading/Unloading
Areas—The plan must describe
measures diat prevent or minimize die
contamination of storm water runoff
from chemical loading/unloading areas.
Where practicable, chemical loading/
unloading areas should be covered, and
chemicals should be stored indoors.
At a minimum die permittee must
consider using die following measures
or an equivalent:
(a) Use containment curbs at chemical
loading/unloading areas to contain
spills; and
(b) During deliveries station personnel
familiar with spill prevention and
response procedures must be present to
ensure diat any leaks or spills are
immediately contained and cleaned up.
(y) Miscellaneous Loading/Unloading
Areas—The plan must describe
measures diat prevent or minimizes die
contamination of storm water runoff
from loading and unloading areas. The
facility may consider covering die
loading area, minimizing storm water
runon to die loading area by grading,
berming, or curbing die area around die
loading area to direct storm water away
from die area, or locate die loading/
unloading equipment and vehicles so
diat leaks can be contained in existing
containment and flow diversion
systems.
(vi) Liquid Storage Tanks—The plan
must describe measures diat prevent or
minimize contamination of storm water
runoff from above ground liquid storage
tanks. At a minimum die facility
operator must consider employing die
following measures or an equivalent:
(a) Use protective guards around
tanks;
(b) Use containment curbs;
(c) Use spill and overflow protection
(drip pans, drip diapers, and/or other
containment devices shall be placed
beneadi chemical connectors to contain
any spillage tiiat may occur during
deliveries or due to leaks at such
connectors); and
(d) Use dry cleanup methods.
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51199
(vii) Large Bulk Fuel Storage Tanks—
The plan must describe measures that
prevent or minimize contamination of
storm water runoff from liquid storage
tanks. At a minimum the facility
operator must consider employing the
following measures, or an equivalent:
(a) Comply with applicable State and
Federal laws, including Spill Prevention
Control and Countermeasures (SPCC);
and
(b) Containment berms.
(viil) The plan must describe
measures to reduce the potential for an
oil spill, or a chemical spill, or reference
the appropriate section of their SPCC
plan. At a minimum the structural
integrity of all above ground tanks,
pipelines, pumps and other related
equipment shall be visually inspected
on a weekly basis. All repairs deemed
necessary based on the findings of the
inspections shall be completed
immediately to reduce the incidence of
spills and leaks occurring from such
faulty equipment.
(ix) Oil Bearing Equipment in
Switchyards—The plan must describe
measures to reduce the potential for
storm water contamination from oil
bearing equipment in switchyard areas.
The facility operator may consider level
grades and gravel surfaces to retard
flows and limit the spread of spills;
collection of storm water runoff in
perimeter ditches.
(x) Residue Hauling Vehicles—All
residue hauling vehicles shall be
inspected for proper covering over the
load, adequate gate sealing and overall
integrity of the body or container.
Vehicles without load coverings or
adequate gate sealing, or with leaking
containers or beds must be repaired as
soon as practicable.
(xi) Ash Loading Areas—Plant
procedures shall be established to
reduce and/or control the tracking of
ash or residue from ash loading areas
including, where practicable,
requirements to clear the ash building
floor and immediately adjacent
roadways of spillage, debris and excess
water before each loaded vehicle
departs.
(xii) Areas Adjacent to Disposal
Ponds or Landfills—The plan must
describe measures that prevent or
minimize contamination of storm water
runoff from areas adjacent to disposal
ponds or landfills. The facility must
develop procedures to:
(a) Reduce ash residue which may be
tracked on to access roads traveled by
residue trucks or residue handling
vehicles; and
(b) Reduce ash residue on exit roads
leading into and out of residue handling
areas.
(xiii) Landfills, Scrapyards, Surface
Impoundments, Open Dumps, General
Refuse Sites—The plan must address
landfills, scrapyards, surface
impoundments, open dumps and
general refuse sites. The permittee is
referred to Parts XI.L. and XI.N of the
permit for applicable Best Management
Practices (BMPs).
(xiv) Maintenance Activities—For
vehicle maintenance activities
performed on the plant site, the
permittee shall use the applicable BMPs
outlined in Part XI.P. of the permit
(Storm Water Discharges Associated
With Industrial Activity From Motor
Freight Transportation Facilities,
Passenger Transportation Facilities, Rail
Transportation Facilities, and United
States Postal Service Transportation
Facilities).
(xv) Material Storage Areas—The plan
must describe measures that prevent or
minimize contamination of storm water
from material storage areas (including
areas used for temporary storage of
miscellaneous products, and
construction materials stored in lay
down areas). The facility operator may
consider flat yard grades, runoff
collection in graded swales or ditches,
erosion protection measures at steep
outfall sites (e.g., concrete chutes,
riprap, stilling basins), covering lay
down areas, storing the materials
indoors, covering the material with a
temporary covering made of
polyethylene, polyurethane,
polypropylene, or hypalon. Storm water
runon may be minimized by
constructing an enclosure or building a
berm around the area.
(b) Preventive Maintenance—A
preventive maintenance program shall
be implemented and shall include
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 plain
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
XI.O.3.a.(4) of this section, qualified
facility personnel shall be identified to
inspect the following areas on a
monthly basis: coal handling areas,
loading/unloading areas, switchyards,
fueling areas, bulk storage areas, ash
handling areas, areas adjacent to
disposal ponds and landfills,
maintenance areas, liquid storage tanks,
and long term and short term material
storage areas. A set of tracking or follow-
up procedures shall be used to ensure
that appropriate actions are taken in
response to the inspections. Records of
inspections shall be-maintained onsite.
Such records are subject to review by
the U.S. Environmental Protection
Agency, and State, and local agencies
with jurisdiction, and must be retained
onsite a minimum of 3 years after the
date of the inspection.
(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
goals of the pollution prevention plan,
spill prevention and control, proper
handling procedures for hazardous
wastes, good housekeeping and material
management practices, and storm water
sampling techniques. The pollution
prevention plan shall identify periodic
dates for such training, but in all cases
training must be held at least annually.
(fl 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.
(i) 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
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evaluation criteria or testing method
used, the date of any testing and/or
evaluation, and the onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.O.3.a.(3)(g)(iii) (below).
(it) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (Prohibition of 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.
(iii) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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 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 Part XI.O.3.a.(2))
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),
snow management activities, infiltration
devices, wet detention/retention
devices, or other equivalent measures.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but 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 evaluation
of equipment needed to implement the
plan, such as spill response equipment,
shall be made.
(b) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with Part XI.O.3.a.(2) of
this section (Description of Potential
Pollutant Sources) and pollution
prevention measures and controls
identified in the plan in accordance
with Part XI.O.3.a.(3) of this section
(Measures and Controls) shall be revised
as appropriate within 2 weeks of such
evaluation and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.O.3.a.(4)(b) (above) of the permit
shall be made aiid retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
Coal pile runoff is subject to the
effluent guidelines described in Part
V.B. of this permit. However, steam
electric generating facilities must
comply with the requirement of Part
V.B. immediately upon permit issuance.
Steam electric generating facilities are
not permitted to take 3 years to meet
this requirement.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through •
[insert date 4 years after permit
issuance], permittees with steam electric
power generating facilities must monitor
their storm water discharges associate
with industrial activity at least quarterly
(4 times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3).
(sampling waiver), 5.a.(4).
(representative discharge), and
5.a.(5).(alternative certification), steam
electric power generating facilities are
required to monitor their storm water
discharges for the pollutant of concern
listed in Table O-l below. Facilities
must report in accordance with
5.b.(reporting). In addition to the
parameter listed in Table O-l below,
the permittee shall provide the date and
duration (in hours) of the storm event(s)
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51201
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;
TABLE O-1.—MONITORING REQUIRE-
MENTS FOR STEAM ELECTRIC
POWER GENERATING FACILITIES
Pollutant of concern
Total Recoverable Iron
Cut-Off con-
centration
(mg/L*)
1.0
(1) Monitoring Periods. Steam electric
power generating facilities shall monitor
samples collected during the sampling
periods of: January through March,
April through June, July through
September, and October through
December for the years specified in
paragraph a (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process ornonprocess water, then
whcro practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions which may prohibit the
collection of samples include 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.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
O-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility which drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) Representative Discharge. When a
facility has 2 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.
The permittee 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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph b below, 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
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees with steam
electric power generating facilities shall
submit monitoring results, or a
certification that there has not been a
significant change in industrial activity
or the pollution prevention measures in
area of the facility which drains to the
outfall for which sampling was waived,
obtained during the reporting period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following March [insert the date 2
years after permit issuance]. Monitoring
results, or a certification that there has
not been a significant change in
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51202 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
industrial activity or the pollution
prevention measures in area of the
facility which drains to the outfall for
which sampling was waived, obtained
during the period beginning [insert date
3 years after permit issuance] lasting
through [insert date 4 years after permit
issuance] shall be submitted on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following March. For each outfall,
one signed Discharge Monitoring Report
form must be submitted to the Director
per storm event sampled. Signed copies
of Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in VI.G. of the fact sheet to
this permit.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above) steam electric
power generating 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 b (above).
c. Compliance Monitoring
Requirements. Permittees with point
sources of coal pile runoff associated
with steam electric power generation
must monitor these storm water
discharges for the presence of TSS and
for pH at least annually (one time per
year). Facilities must report in
accordance with 5.c.(2) (reporting). In
addition to the parameters listed above,
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
that 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.
(1) Sample Type. A minimum of one
grab sample shall be taken. 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 30 minutes of the
discharge. If the collection of a grab
sample during the first 30 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 30 minutes was impracticable.
(2) Reporting. Permittees with asphalt
paving or roofing emulsion production
facilities shall submit monitoring results
obtained during the reporting period
beginning [insert date of permit
issuance] on Discharge Monitoring
Report Form(s) postmarked no later than
the last day of the following [insert
month after permit issuance date].
Signed copies of Discharge Monitoring
Reports shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office indicated in Part VLB. of this
permit. For each outfall one Discharge
monitoring form shall be submitted per
storm event sampled.
(3) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph (2) (above), permittees that
discharge 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 (3)
(above).
d. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described in paragraph (2)
below] during daylight hours unless
there is insufficient rainfall or snow
melt to produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(3) Visual examination reports must
be maintained on-site in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution, and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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.
(5) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation with the records of the
visual examination. Adverse weather
conditions which may prohibit the
collection of samples include 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.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
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51203
remains inactive and unstaffed. The
facility must maintain a certification
with tie pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
P. Storm Water Discharges Associated
With Industrial Activity From Motor
Freight Transportation Facilities,
Passenger Transportation Facilities,
Petroleum Bulk Oil Stations and
Terminals, Rail Transportation
Facilities, and United States Postal
Service Transportation Facilities
1. Discharges Covered Under This
Section
Storm water discharges from ground
transportation facilities and rail
transportation facilities (generally
identified by Standard Industrial
Classification (SIC) codes 40,41,42,43,
and 5171), that have vehicle and
equipment maintenance shops (vehicle
and equipment rehabilitation,
mechanical repairs, painting, fueling
and lubrication) and/or equipment
cleaning operations are eligible for
coverage under this section.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
doscription(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements 6f the
other soction(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Storm Water Pollution Prevention
Plan Requirements
o. Deadlines for Plan Preparation and
Compliance. There are no additional
deadlines for plan preparation and
compliance, other than those stated in
PartIV.A.
b. Contents of the 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 who
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 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—A site map indicating
the location of each point of discharge
of storm water associated with
industrial activity, an outline of the
portions of the drainage area of each
storm water outfall that are within the
facility boundaries (with a prediction of
the direction of flow), 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
XI.P.3.b.(2)(c) (Spills and Leaks) of this
permit have occurred, and the locations
of the following activities: fueling
stations, vehicle and equipment
maintenance and/or cleaning areas,
storage areas for vehicles and equipment
with actual or potential fluid leaks
loading/unloading areas, locations used
for the treatment, storage or disposal of
wastes, liquid storage tanks, processing
areas, storage areas, and all monitoring
locations. The site map must also
indicate the types of discharges
contained in the drainage areas of the
outfalls (e.g., storm water and air
conditioner condensate). In order to
increase the readability of the map, the
inventory of the types of discharges
contained in each outfall may be kept as
an attachment to the site map.
(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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; dirt or gravel parking areas for
storage of vehicles to be maintained;
materials management practices
employed to minimize contact of
materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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) Summary of Potential Pollutant
Sources—A narrative description of the
potential pollutant sources from the
following activities associated with
vehicle and equipment maintenance
and equipment cleaning: fueling
stations; maintenance shops; equipment
or vehicle cleaning areas; paved dirt or
gravel parking areas for vehicles to be
maintained; loading and unloading
operations; outdoor storage activities;
outdoor manufacturing or processing
activities; significant dust or particulate
generating processes; and onsite 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., oil and grease,
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—All. areas
that may contribute pollutants to storm
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51204
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
water discharges shall he maintained in
a clean, orderly manner. The following
areas must he specifically addressed:
(i) Vehicle and Equipment Storage
Areas—The storage of vehicles and
equipment awaiting maintenance with
actual or potential fluid leaks must he
confined to designated areas (delineated
on the site map). The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from these areas. The
facility shall consider the use of drip
pans under vehicles and equipment,
indoor storage of the vehicles and
equipment, installation of berming and
diking of this area, use of absorbents,
roofing or covering storage areas,
cleaning pavement surface to remove oil
and grease, or other equivalent methods.
(ii)Fueling Areas—The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from fueling areas. The
facility shall consider covering the
fueling area, using spill and overflow
protection and cleanup equipment,
minimizing runon/runoff of storm water
to the fueling area, using dry cleanup
methods, collecting the storm water
runoff and providing treatment or
recycling, or other equivalent measures.
(Hi) Material Storage Areas—Storage
units of all materials (e.g., used oil, used
oil filters, spent solvents, paint wastes,
radiator fluids, transmission fluids,
hydraulic fluids) must be maintained in
good condition, so as to prevent
contamination of storm water, and
plainly labeled (e.g., "used oil," "spent
solvents," etc.). The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from such storage areas. The facility
shall consider indoor storage of the
materials, installation of berming and
diking of the area, minimizing runon/
runoff of storm water to the areas, using
dry cleanup methods, collecting the
storm water runoff and providing
treatment, or other equivalent methods.
(iv) Vehicle and Equipment Cleaning
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from all areas used for vehicle and
equipment cleaning. The facility shall
consider performing all cleaning
operations indoors, covering the
cleaning operation, ensuring that all
washwaters drain to the intended
collection system (i.e., not the storm
water drainage system unless NPDES
permitted), collecting the storm water
runoff from the cleaning area and
providing treatment or recycling, or
other equivalent measures. The
discharge of vehicle and equipment
wash waters, including tank cleaning
operations, are not authorized by this
permit and must be covered under a
separate NPDES permit or. discharged to
a sanitary sewer in accordance with
applicable industrial pretreatment
requirements.
(v) Vehicle and Equipment
Maintenance Areas—The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from all areas used for
vehicle and equipment maintenance.
The facility shall consider performing
all maintenance activities indoors, using
drip pans, maintaining an organized
inventory of materials used in the shop,
draining all parts of fluids prior to
disposal, prohibiting wet clean up
practices where the practices would
result in the discharge of pollutants to
storm water drainage systems, using dry
cleanup methods, collecting the storm
water runoff from the maintenance area
and providing treatment or recycling,
minimizing runon/runoff of storm water
areas or other equivalent measures.
(vi) Locomotive Sanding (loading
sand for traction) Areas—The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from areas used for
locomotive sanding. The facility shall
consider covering sanding areas,
minimizing storm water runon/runoff,
appropriate sediment removal practices
to minimize the offsite transport of
sanding material by storm water, or
other equivalent measures.
(b) Preventive Maintenance—A
preventive maintenance program shall
include timely inspection and
maintenance of storm water
management devices (e.g., cleaning oil/
water separators, catch basins, drip
pans, vehicle-mounted drip
containment devices) 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 could contribute pollutants to
storm water discharges, 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 and
equipment for cleaning up spills shall
be identified in the plan and made
available to the appropriate personnel.
(d) Inspections—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility on a quarterly basis. The
following areas shall be included in all
inspections: storage area for vehicles
and equipment awaiting maintenance,
fueling areas, vehicle and equipment
maintenance areas (both indoors and
outdoors), material storage areas,
vehicle and equipment cleaning areas,
and loading and unloading areas.
Follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections shall be
maintained. The use of a checklist
should be considered by the facility.
(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
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. The
pollution prevention plan shall identify
how often training will take place; at a
minimum, training must be held
annually (once per calendar year).
Employee training must, at a minimum,
address the following areas when
applicable to a facility: summary of the
facility's pollution prevention plan
requirements; used oil management;
spent solvent management; spill
prevention, response and control;
fueling procedures; general good
housekeeping practices; proper painting
procedures; and used battery
management.
(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.
(i) 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 onsite drainage
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points that were directly observed
during the test. Certifications shall be
signed in accordance with Part Vn.G.
(Signatory Requirements) of this permit.
Such certification may not be practical
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 prevention plan
shall indicate why the certification
required by this part was not practical,
along with the identification of potential
significant sources 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 XI.P.3.b.(3)(iv)
(Failure to Certify) of this permit.
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part IE. A.2. (Prohibition of
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.
(iff) A copy of the NPDES permit
issued for vehicle and equipment
washwaters or, if an NPDES permit has
not yet been issued, a copy of the
ponding application must be attached to
or referenced in the plan. For facilities
that discharge vehicle and equipment
washwaters to the sanitary sewer
system, the operator of the sanitary
system and associated treatment plant
must be notified. In such cases, a copy
of the notification letter must be
attached to the plan. If an industrial
user permit is issued under a
pretreatment program, a copy of that
permit must be attached in the plan. In
all cases, any permit conditions or
pretreatment requirements must be
considered in the plan. If the
washwaters are handled in another
manner (e.g., hauled offsite), the
disposal method must be described and
all pertinent documentation (e.g.,
frequency, volume, destination, etc.)
must be attached to the plan.
(iv) Failure to Certify-Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated %vith industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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 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 for the implementation and
maintenance of measures that the
permittee determines to be reasonable
and appropriate. The potential of
various sources at the facility to
contribute pollutants to storm water
discharges associated with industrial
activity (see XI.P.3.b.(2) (description of
potential pollutant sources) of this
permit) shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
other equivalent measures may include:
vegetative swedes and practices, reuse of
collected storm water (such as for a
process or as an irrigation source), inlet
controls (such as oil/water separators),
snow management activities, infiltration
devices, and wet detention/retention
devices.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct comprehensive site compliance
evaluations at appropriate intervals
specified in the plan, but, 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with Part XI.P.3.b.(2)
(Description of Potential Pollutant
Sources) of this permit and pollution
prevention measures and controls
identified in the plan hi accordance
with paragraph XI.P.3.b.(3) (Measures
and Controls) of this permit shall be
revised as appropriate within 2 weeks of
such evaluation and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.P.3.b.(3)(b) (above) of the permit shall
be made and retained as part of the
storm water pollution prevention plan
for at least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
3. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
4. Monitoring and Reporting
Requirements
a. Monitoring Requirements.
(1) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
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exempted under paragraph (d) below.
The examination(s) must be made at
least once in each designated period
[described in (a), below] during facility
operation in the daylight hours unless
there is insufficient rainfall or snow
melt to produce a runoff event.
(a) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(b) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricanes, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
(c) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination,.;,. ^v
(d) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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.
(e) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
Q. Storm Water Discharges Associated
With Industrial Activity From Water
Transportation Facilities 'That Have
Vehicle Maintenance Shops and/or
Equipment Cleaning Operations
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges from water transportation
facilities that have vehicle (vessel)
maintenance shops and/or equipment
cleaning operations. The water
transportation industry includes
facilities engaged in foreign or domestic
transport of freight or passengers in
deep sea or inland waters; marine cargo
handling operations; ferry operations;
towing and tugboat services; and
marinas (facilities commonly identified
by Standard Industrial Classification
(SIC) code Major Group 44).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to the general
discharge prohibitions in part III. A, this
section specifically prohibits non-storm
water discharges of wastewaters, such as
bilge and ballast water, sanitary wastes,
pressure wash water, and cooling water
originating from vessels. The operators
of such discharges must obtain coverage
under a separate NPDES permit if.
discharged to waters of the United
States or through a municipal separate
storm sewer system.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 who
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 hi the discharge of pollutants
during 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.
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(!) 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
XI.Q.3.a.(2)(c) (Spills and Leaks) of this
section have occurred, and the locations
of the following activities where such
activities are exposed to precipitation:
fueling, engine maintenance and repair,
vessel maintenance and repair, pressure
washing, painting, sanding, blasting,
welding, metal fabrication, loading/
unloading areas, locations used for the
treatment, storage or disposal of wastes;
liquid storage tanks, liquid storage areas
(i.e., paint, solvents, resins), and
material storage areas (i.e., blasting
media, aluminum, steel, scrap iron). In
addition, the map must indicate the
outfall locations and the types of
discharges contained in the drainage
areas of the outfalls.
(ii) 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 tune of 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the tune of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants to storm water runoff;
and a description of any treatment the
storm water receives'.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 if applicable: loading and
unloading operations; outdoor storage
activities; outdoor manufacturing or
processing activities (i.e., welding,
metal fabricating); significant dust or
particulate generating processes (i.e.,
abrasive blasting, sanding, painting);
loading/unloading areas; and onsite
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 water discharges in
a clean, orderly manner. The following
areas must be specifically addressed,
when applicable at a facility:
(i) Pressure Washing Area—When
pressure washing is used to remove
marine growth from vessels, the
discharge water must be permitted by an
NPDES permit. The pollution
prevention plan must describe the
measures to collect or contain the
discharge from the pressure washing
area, detail the method for the removal
of the visible solids, describe the
method of disposal of the collected
solids, and identify where the discharge
will be released (i.e., the receiving.
waterbody, storm sewer system, sanitary
sewer system).
(ii) Blasting and Painting Areas—The
facility must consider containing all
blasting and painting activities to
prevent abrasives, paint chips, and
overspray from reaching the receiving
water or the storm sewer system. The
plan must describe measures taken at
the facility to prevent or minimize the
discharge of spent abrasive, paint chips,
and paint into the receiving waterbody
and storm sewer system. The facility
may consider hanging plastic barriers or
tarpaulins during blasting or painting
operations to contain debris. Where
required, a schedule for cleaning storm
water conveyances to remove deposits
of abrasive blasting debris and paint
chips should be addressed within the
plan. The plan should include any
standard operating practices with regard
to blasting and painting activities. Such
included items may be the prohibition
of performing uncontained blasting and
painting over open water or blasting and
painting during windy conditions
which can render containment
ineffective.
(Hi) Material Storage Areas—All
stored and containerized materials
(fuels, paints, solvents, waste oil,
antifreeze, batteries) must be stored in a
protected, secure location away from
drains and plainly labeled. The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff from such storage areas.
The facility must specify which
materials are stored indoors and
consider containment or enclosure for
materials that are stored outdoors.
Above ground storage tanks, drums, and
barrels permanently stored outside must
be delineated on the site map with a
description of the containment
measures in place to prevent leaks and
spills. The facility must consider
implementing an inventory control plan
to prevent excessive purchasing,
storage, and handling of potentially
hazardous materials. Those facilities
where abrasive blasting is performed
must specifically include a discussion
on the storage and disposal of spent
abrasive materials generated at the
facility.
(iv) Engine Maintenance and Repair
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from all areas used for engine
maintenance and repair. The facility
may consider performing all
maintenance activities indoors,
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maintaining an organized inventory of
materials used in the shop, draining all
parts of fluids prior to disposal,
prohibiting the practice of hosing down
the shop floor, using dry cleanup
methods, and/or collecting the storm
water runoff from the maintenance area
and providing treatment or recycling.
(v) MaterialHandling Areas—The
plan must describe measures that
prevent or minimize contamination of
the storm water runoff from material
handling operations and areas (i.e.,
fueling, paint and solvent mixing,
disposal of process wastewater streams
from vessels). The facility may consider
covering fueling areas; using spill and
overflow protection; mixing paints and
solvents in a designated area, preferably
indoors or under a shed; and
minimizing runon of storm water to
material handling areas or other
equivalent measures. Where applicable,
the plan must address the replacement
or repair of leaking connections, valves,
pipes, hoses, and soil chutes carrying
wastewater from vessels.
(vi) Drydock Activities—The plan
must address the routine maintenance
and cleaning of the drydock to minimize
the potential for pollutants in the storm
water runoff. The plan must describe
the procedures for cleaning the
accessible areas of the drydock prior to
flooding and final cleanup after the
vessel is removed and the dock is
raised. Cleanup procedures for oil,
grease, or fuel spills occurring on the
drydock must also be included within
the plan. The facility should consider
items such as sweeping rather than
hosing off debris and spent blasting
material from the accessible areas of the
drydock prior to flooding and having
absorbent materials and oil containment
booms readily available to contain and
cleanup any spills or other equivalent
measures.
(vii) General Yard Area—The plan
must include a schedule for routine
yard maintenance and cleanup. Scrap
metal, wood, plastic, miscellaneous
trash, paper, glass, industrial scrap,
insulation, welding rods, packaging,
etc., must be routinely removed from
the general yard area. The facility may
consider such measures as providing
covered trash receptacles in each yard,
on each pier, and on board each vessel
being repaired.
(b) Preventive Maintenance—A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices (e.g., cleaning oil/
water separators, sediment traps to
ensure that spent abrasives, paint chips,
and solids will be intercepted and
retained prior to entering the storm
drainage system) 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.
(cj 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—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility on a monthly basis. The
following areas shall be included in all
inspections: pressure washing area;
blasting, sanding, and painting areas;
material storage areas; engine
maintenance and repair areas; material
handling areas; drydock area; and
general yard area. A set of tracking or
follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections 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. The
pollution prevention plan shall identify
how often training will take place, but
in all cases training must be held at least
annually (once per calendar year).
Employee training must, at a minimum,
address the following areas when
applicable to a facility: used oil
management; spent solvent
management; proper disposal of spent
abrasives; proper disposal of vessel
wastewaters, spill prevention and
control; fueling procedures; general
good housekeeping practices; proper
painting and blasting procedures; and
used battery management. Employees,
independent contractors, and customers
' must be informed about BMPs and be
required to perform in accordance with
these practices. The facility must
consider posting instructions, easy to
read descriptions or graphic depictions
of BMPs, spill control/clean-up
equipment and emergency phone
numbers in the work areas.
(fl 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.
'(i) 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 onsite drainage
pouits 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.Q.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (Prohibition of 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.
(iii) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
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51209
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(h) Sediment and Erosion Control—
Tho 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,
rouse, 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
paragraph XI.Q.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
equivalent 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),
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 in no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity (pressure washing
area, blasting and sanding areas,
painting areas, material storage areas,
engine maintenance and repair areas,
material handling areas, and drydock
area) 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XLQ.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.Q.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.Q.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
inspection. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 Vn.G. (Signatory
Requirements) of this permit.
(d) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one, such
inspection. . •..••-•
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with water
transportation facilities must monitor
their storm water discharges associated
with industrial activity at least quarterly
(4 times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Water
transportation facilities are required to
monitor their storm water discharges for
the pollutants of concern listed in Table
Q-l below. Facilities must report in
accordance with 5.b. (Reporting). In
addition to the parameters listed in
Table Q-l 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 that 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.
TABLE Q-1.—MONITORING
REQUIREMENTS
Pollutants of concern
Total Recoverable Aluminum .
Total Recoverable Iron
Total Recoverable Lead
Total Recoverable Zinc
Monitoring
cut-off con-
centration
0.75 mg/L
1 .0 mg/L
0.081 6 mg/L
0117 mg/L
(1) Monitoring Periods. Water
transportation facilities shall monitor
samples collected during the sampling
periods of: January to March, April to
June, July to September, and October to
December for the years specified in
paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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
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event. The required 72-hour storm event
interval is .waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or non-process water, then
.where practicable permittees must
attempt to sample the storm water .
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
Q-l under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility which drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph b below, 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, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees with water
transportation facilities shall submit
monitoring results for each outfall
associated with industrial activity [or a
certification in accordance with
Sections (3), (4), or (5) above] obtained
during the reporting period beginning
[insert date 1 year after permit issuance]
lasting through [insert date 2 years after
permit issuance] on Discharge
Monitoring Report Form(s) postmarked
no later than the 31st day of the
following March [insert the date 2 years
after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet.
(2) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), water
transportation 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 b (above).
c. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
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51211
oxempted below. The examination must
bo made at least once in each designated
period [described in paragraph (2)
Dolow) during daylight hours unless
there is insufficient rainfall or snow
molt to produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snowmelt: January
through March; April through June; July
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(ty Visual examination reports must
bo maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(5) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
R. Storm Water Discharges Associated
With Industrial Activity From Ship and
Boat Building or Repairing Yards
1. Discharges Covered Under This
Section
The requirements listed under this
section apply to storm water discharges
from facilities engaged in ship building
and repairing and boat building and
repairing 5 (Standard Industrial
Classification (SIC) code 373).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
5 According to the U.S. Coast Guard, a vessel 65
feet or greater in length is referred to as a ship, and
a vessel smaller than 65 feet is a boat.
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. In addition to the
prohibitions listed in Part ffl.A of the
permit, this section specifically
prohibits non-storm water discharges of
wastewaters, such as bilge and ballast
water, pressure wash water, sanitary
wastes, and cooling water originating
from vessels, are not authorized by this
permit. The operators of such discharges
must obtain coverage under a separate
NPDES permit if discharged to waters of
the United States or through a
municipal separate storm sewer system.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 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.
(i) A site map indicating the location
of the outfalls and the types of
discharges contained in the drainage
areas of the outfalls, 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
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Federal Register / Vol. 60. No. 189 / Friday, September 29, 1995 / Notices
water bodies, locations where
significant materials are exposed to
precipitation, locations where major
spills or leaks identified under Part
XI.R.3.a.(2)(c) (Spills and Leaks) of this
section have occurred, and the locations
of the following activities where such
activities are exposed to precipitation:
fueling, engine maintenance and repair,
vessel maintenance and repair, pressure
washing, painting, sanding, blasting,
welding, metal fabrication, loading/
unloading areas, locations used for the
treatment, storage or disposal of wastes;
liquid storage tanks, liquid storage areas
(i.e., paint, solvents, resins), and
material storage areas (i.e., blasting
media, aluminum, steel, scrap iron).
(.ii) 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 a
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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 if applicable: loading and
unloading operations; outdoor storage
activities; outdoor manufacturing or
processing activities (i.e., welding,
metal fabricating); significant dust or
particulate generating processes (i.e.,
abrasive blasting, sanding, painting);
loading/unloading areas; and onsite
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 water discharges in
a clean, orderly manner. The following
areas must be specifically addressed,
when applicable at a facility:
(i) Pressure Washing Area—When
pressure washing is used to remove
marine growth from vessels, the
discharge water must be permitted as a
process wastewater by an NPDES
permit.
(ii) Blasting and Painting Areas—The
facility must consider containing all
blasting and painting activities to
prevent abrasives, paint chips, and
overspray from reaching the receiving
water or the storm sewer system-. The
plan must describe measures taken at
the facility to prevent or minimize the
discharge of spent abrasive, paint chips,
and paint into the receiving waterbody
and storm sewer system. The facility
may consider hanging plastic barriers or
tarpaulins during blasting or painting
operations to contain debris. Where
required, a schedule for cleaning storm
systems to remove deposits of abrasive
blasting debris and paint chips should
be addressed within the plan. The plan
should include any standard operating
practices with regard to blasting and
painting activities. Practices may
include the prohibition of performing
uncontained blasting and painting over
open water or blasting and painting
during windy conditions which can
render containment ineffective.
(iii) Material Storage Areas—All
stored and containerized materials
(fuels, paints, solvents, waste oil,
antifreeze, batteries) must be stored in a
protected, secure location away from
drains and plainly labeled. The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff from such storage areas.
The facility must specify which
materials are stored indoors and
consider containment or enclosure for
materials that are stored outdoors.
Above ground storage tanks, drums, and
barrels permanently stored outside must
be delineated on the site map with a
description of the containment
measures in place to prevent leaks and
spills. The facility must consider
implementing an inventory control plan
to prevent excessive purchasing,
storage, and handling of potentially
hazardous materials. Those facilities
where abrasive blasting is performed
must specifically include a discussion
on the storage and disposal of spent
abrasive materials generated at the
facility.
(iv) Engine Maintenance and Repair
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from all areas used for engine .
maintenance and repair. The facility
must consider performing all
maintenance activities indoors,
maintaining an organized inventory of
materials used in the shop, draining all
parts of fluids prior to disposal,
prohibiting wet clean up practice where
the practice would result in the
exposure of pollutants to storm water,
using dry cleanup methods, and/or
collecting the storm water runoff from
the maintenance area and providing
treatment or recycling.
(v) Material Handling Areas—The
plan must describe measures that
prevent or minimize contamination of
the storm water runoff from material
handling operations and areas (i.e.,
fueling, paint & solvent mixing, disposal
of process wastewater streams from
vessels). The facility must consider
covering fueling areas; using spill and
overflow protection; mixing paints and
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solvents in a designated area, preferably
indoors or under a shed; and
minimizing runon of storm water to
material handling areas. Where
applicable, the plan must address the
replacement or repair of leaking
connections, valves, pipes, hoses, and
soil chutes carrying waste water from
vessels.
(vi) Dtydock Activities—The plan
must address the routine maintenance
and cleaning of the drydock to minimize
the potential for pollutants in the storm
water runoff. The plan must describe
tho procedures for cleaning the
accessible areas of the drydock prior to
flooding and final cleanup after the
vessel is removed and the dock is
raised. Cleanup procedures for oil,
grease, or fuel spills occurring on the
drydock must also be included within
tho plan. The facility must consider
items such as sweeping rather than
hosing off debris and spent blasting
material from the accessible areas of the
drydock prior to flooding and having
absorbent materials and oil containment
booms readily available to contain and
cleanup any spills.
(vii) General Yard Area—The plan
must include a schedule for routine
yard maintenance and cleanup. Scrap
metal, wood, plastic, miscellaneous
trash, paper, glass, industrial scrap,
insulation, welding rods, packaging,
etc., must be routinely removed from
the general yard area. The facility must
consider such measures as providing
covered trash receptacles in each yard,
on each pier, and on board each vessel
being repaired.
(b) Preventive Maintenance—A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices (e.g., cleaning oil/
water separators, sediment traps to
ensure that spent abrasives, paint chips,
and solids will be intercepted and
retained prior to entering the storm
drainage system) 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
stoim 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—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility on a monthly basis. The
following areas shall be included in all
inspections: pressure washing area;
blasting, sanding, and painting areas;
material storage areas; engine
maintenance and repair areas; material
handling areas; drydock area; and
general yard area. A set of tracking or
follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections 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. The
pollution prevention plan shall identify
how often training will take place, but
in all cases training must be held at least
annually (once per calendar year).
Employee training must, at a minimum,
address the following areas when
applicable to a facility: used oil
management; spent solvent
management; proper disposal of spent
abrasives; proper disposal of vessel
wastewaters, spill prevention and
control; fueling procedures; general
good housekeeping practices; proper
painting and blasting procedures; and
used battery management. Employees,
independent contractors, and customers
must be informed about BMPs and be
required to perform in accordance with
these practices. The facility should
consider posting easy to read
descriptions or graphic depictions of
BMPs and emergency phone numbers in
the work areas.
(/) 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.
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.R.3.a.(3)(g)(iii) (below).
(w) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part HI.A.2 (Prohibition of 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(h) Sediment and Erosion Control—
The plan shall identify areas which, due
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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
paragraph XI.R.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
other equivalent 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),
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 in DO case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity including, but not
limited to, pressure washing area,
blasting and sanding areas, painting
areas, material storage areas, engine
maintenance and repair areas, material
handling areas, and drydock area, 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph' '
XI.R.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.R.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.R.3.a.(4)(b) (above) of the permit shall
be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 VH.G. (Signatory
Requirements) of this permit.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B. of this permit.
5. Monitoring and Reporting
Requirements
(a) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a representative storm
water discharge associated with
industrial activity from each outfall
except discharges exempted below. The
examination must be made at least once
in each designated period [described in
(1) below] during daylight hours unless
there is insufficient rainfall or snow
melt to produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; October through
December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snow melt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. All such
samples shall be collected from the
discharge resulting from a storm event
that is greater than 0.1 inch in
magnitude and that occurs at least 72
hours from the previously measurable
(greater than 0.1 inch rainfall) storm
event. Where practicable, the same
individual should cany out the
collection and examination of
discharges for the entire permit term.
(3) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(5) When a discharger is unable to
collect samples over the course of the
monitoring period as a result of adverse
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climatic conditions, the discharger must
document the reason for not performing
the visual examination. Adverse
•weather conditions which may prohibit
the collection of samples include
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.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
S. Storm Water Discharges Associated
With Industrial Activity From Vehicle
Maintenance Areas, Equipment
Cleaning Areas, or Deicing Areas
Located at Air Transportation Facilities
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges from establishments and/or
facilities including airports, air
terminals, air carriers, flying fields, and
establishments engaged in servicing or
maintaining airports and/or aircraft
(generally classified under Standard
Industrial Classification (SIC) code 45)
which have vehicle maintenance shops,
material handling facilities, equipment
cleaning operations or airport and/or
aircraft deicing/anti-icing operations.
For the purpose of this permit, the term
"deicing" is defined as the process to
remove frost, snow, or ice and "anti-
icing" is the process which prevents the
accumulation of frost, snow, or ice.
(a) Coverage. Only those portions of
the facility or establishment that are
either involved in vehicle maintenance
(including vehicle rehabilitation,
mechanical repairs, painting, fueling,
and lubrication), equipment cleaning
operations, or deicing/anti-icing
operations are addressed under this
section.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan sectionfs) of this permit (if any) are
applicable to the facility.
2. Special Conditions
(a) Prohibition of Non-storm Water
Discharges. In addition to those
discharges prohibited under Part III.A.2,
non-storm water discharges including
aircraft, ground vehicle, runway and
equipment washwaters, and dry weather
discharges of deicing/anti-icing
chemicals are not authorized by this
permit. Dry weather discharges are
those discharges generated by processes
other than those included in the
definition of storm water. The definition
of storm water includes storm water
runoff, snow melt runoff, and surface
runoff and drainage. All other
discharges constitute non-storm water
discharges. Operators of non-storm
water discharges must obtain coverage
under a separate National Pollutant
Discharge Elimination System (NPDES)
permit if discharged to waters of the
United States or through a municipal
separate storm sewer system.
(b] Releases ofReportable Quantities
of Hazardous Substances and Oil. Each
individual permittee is required to
report spills equal to or exceeding the
reportable quantity levels specified at 40
CFR110,117, and 302 as described at
Part VI.B.2. If an airport authority is the
sole permittee, then the sum total of all
spills at the airport must be assessed
against the RQ. If the airport authority
is a co-permittee with other deicing/
anti-icing operators at the airport, such
as numerous different airlines, the
assessed amount must be the
summation of spills by each co-
permittee. If separate, distinct
individual permittees exist at the
airport, then the amount spilled by each
separate permittee must be the assessed
amount for the RQ determination.
3. Storm Water Pollution Prevention
Plan Requirements
Storm water pollution prevention
plans developed for areas of the facility
occupied by tenants of the airport shall
be integrated with the plan for the entire
airport. For the purposes of today's
permit, tenants of the airport facility
include airline companies, fixed based
'operators and other parties which have
contracts with the airport authority to
conduct business operations on airport
property which result in storm water
discharges associated with industrial
activity as described in paragraph 1 of
this section. Plans should be developed
in accordance with Part IV. Storm Water
Pollution Prevention Plans).
(a) Contents of Plan. Each plan shall
include, at a minimum, the following
items:
• (2) Pollution Prevention Team. Each
plan shall identify a specific individual
or individuals as member(s) of a storm
water Pollution Prevention Team who
are responsible for developing the storm
water pollution prevention plan and
assisting the facility management 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 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.
CO A site map indicating an outline of
the drainage area of each storm water
outfall 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
paragraph XI.S.3.a.(2)(c) (Spills and
Leaks) of this section have occurred,
and the locations of the following
activities where such activities are
exposed to precipitation: aircraft and
runway deicing/anti-icing operations;
fueling stations; aircraft, ground vehicle
and equipment maintenance and/or
cleaning areas; storage areas for aircraft,
ground vehicles and equipment
awaiting maintenance; loading/
unloading areas; locations used for the
treatment, storage or disposal of wastes,
liquid storage tanks, processing areas
and storage areas. The map must
indicate the outfall locations and the
types of discharges contained in the
drainage areas of the outfalls.
Cu) For each area of the facility that
generates storm water discharges
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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.
(Hi] The site map developed for the
entire airport shall indicate the location
of each tenant of the facility that
conducts industrial activities as
described in Part Xl.S.l.a., and
incorporate information from the
tenants site map (including a
description of industrial activities,
significant materials exposed, and
existing management practices).
(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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment of
storm water runoff.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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: aircraft, runway, ground
vehicle and equipment maintenance
and cleaning; aircraft and runway
deicing/anti-icing operations (including
apron and centralized aircraft deicing/
anti-icing stations, runways, taxiways
and ramps); outdoor storage activities;
loading and unloading operations; and
onsite waste disposal. The description
shall specifically list any significant
potential source of pollutants at the
facility and for each potential source,
any pollutant or pollutant parameter
[e.g., biochemical oxygen demand
(BODs), oil and grease, etc.] of concern
shall be identified.
Facilities which conduct deicing/anti-
icing operations shall maintain a record
of the types [including the Material
Safety Data Sheets (MSDS)] and
monthly quantities of deicing/anti-icing
chemicals used. Tenants and fixed-base
operators who conduct deicing/anti-
icing operations shall provide the above
information to the airport authority for
inclusion in the storm water pollution
prevention plan for the entire facility.
(3) Measures and Controls. Operators
covered by this permit shall develop a
description of storm water management
controls appropriate for their areas of
operation, and implement such controls.
The priority in selecting controls 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 water discharges in
a clean, orderly manner.
(i) Aircraft, Ground Vehicle and
Equipment Maintenance Areas—
Permittees should ensure the
maintenance of equipment is conducted
in designated areas only and clearly
identify these areas on the ground and
delineate them on the site map. The
plan must describe measures that
prevent or minimize the contamination
of the storm water runoff from all areas
used for aircraft, ground vehicle and
equipment maintenance (including the
maintenance conducted on the terminal
apron and in dedicated hangars).
Management practices or equivalent
measures such as performing
maintenance activities indoors,
maintaining an organized inventory of
materials used in the maintenance areas,
draining all parts of fluids prior to
disposal, preventing the practice of
hosing down the apron or hangar floor,
using dry cleanup methgds, and/or
collecting the storm water runoff from
the maintenance area and providing
treatment or recycling should be
considered.
(ii) Aircraft, Ground Vehicle and
Equipment Cleaning Areas—Permittees
should ensure that cleaning of
equipment is conducted in designated
areas only and clearly identify these
areas on the ground and delineate them
on the site map. The plan must describe
measures that prevent or minimize the
contamination of the storm water runoff
from all areas used for aircraft, ground
vehicle and equipment cleaning.
Management practices such as
performing cleaning operations indoors,
and/or collecting the storm water runoff
from the cleaning area and providing
treatment or recycling should be
considered.
(iii) Aircraft, Ground Vehicle and
Equipment Storage Areas—The storage
of aircraft, ground vehicles and
equipment awaiting maintenance must
be confined to designated areas
(delineated on the site map). The plan
must describe measures that prevent or
minimize the contamination of the
storm water runoff from these areas.
Management practices such as indoor
storage of aircraft and ground vehicles,
the use of drip pans for the collection
of fluid leaks, and perimeter drains,
dikes or berms surrounding storage
areas should be considered.
(iv) Material Storage Areas—Storage
units of all materials (e.g., used oils,
hydraulic fluids, spent solvents, and
waste aircraft fuel) must be maintained
in good condition, so as to prevent or
minimize contamination of storm water,
and plainly labeled (e.g., "used oil,"
"Contaminated Jet A," etc.). The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff from storage areas.
Management practices or equivalent
measures such as indoor storage of
materials, centralized storage areas for
waste-materials, and/or installation of
berming and diking around storage areas
should be considered for
implementation.
(v) Airport Fuel System and Fueling
Areas—The plan must describe
measures that prevent or minimize the
discharge of fuels to the storm sewer
resulting from fuel servicing activities or
other operations conducted in support
of the airport fuel system. Where the
discharge of fuels into the storm sewer
cannot be prevented, the plan shall
indicate measures that will be employed
to prevent or minimize the discharge of
the contaminated runoff into receiving
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surface waters. Management practices or
equivalent measures such as
implementing spill and overflow
practices (e.g., placing sorptive
materials beneath aircraft during fueling
operations), using dry cleanup methods,
and/or collecting the storm water runoff
should be considered.
(b) Preventive Maintenance—A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices (e.g., cleaning oil/
water separators, removing debris from
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. The
plan shall describe material handling
procedures, storage requirements, and
consider the use of equipment such as
diversion valves. 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) Source Reduction—Operators who
conduct aircraft and/or runway
(including taxiways and ramps) deicing/
anti-icing operations shall evaluate
present operating procedures to
consider alternative practices to reduce
the overall amount of deicing/anti-icing
chemicals used and/or lessen the
environmental impact of the pollutant
source.
(i) With regard to runway deicing
operations, operators, at a minimum,
shall evaluate: present application rates
to ensure against excessive over
application; metered application of
deicing chemical; pre-wetting dry
chemical constituents prior to
application; installation of runway ice
detection systems; implementing anti-
icing operations as a preventive measure
against ice buildup; the use of substitute
deicing compounds such as potassium
acetate in lieu of ethylene glycol,
propylene glycol and/or urea.
(li)'ta considering source reduction
management practices for aircraft
deicing operations, operators, at a
minimum, should evaluate current
application rates and practices to ensure
against excessive over application, and
consider pretreating aircraft with hot
water prior to the application of a
deicing chemical, thus reducing the
overall amount of chemical used per
operation.
Source reduction measures that the
operator determines to be reasonable
and appropriate shall be implemented
and maintained. The plan shall provide
a narrative explanation of the options
considered and the reasoning for
whether or not to implement them.
(e) Management of Runoff—The plan
shall contain a narrative consideration
of the appropriateness of traditional
storm water management practices
(practices other than those which
prevent or reduce 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 potential of various
sources at the facility to contribute
pollutants to storm water discharges
associated with industrial activity [see
paragraph XI.S.3.a.(2) (Description of
Potential Pollutant Sources)] shall be
considered. Appropriate measures or
equivalent measures may include:
vegetative swales, reuse of collected
storm water (such as for a process or as
an irrigation source), inlet controls
(such as oil/water separators), snow
management activities, infiltration
devices, and wet detention/retention
devices. Measures that the permittee
determines to be reasonable and
appropriate shall be implemented and
maintained.
(i) Operators that conduct aircraft
and/or runway deicing/anti-icing
operations shall also provide.a narrative
consideration of management practices
to control or manage contaminated
runoff from areas where deicing/anti-
icing operations occur to reduce the
amount of pollutants being discharged
from the site. Structural controls such as
establishing a centralized aircraft
deicing facility, and/or collection of
contaminated runoff for treatment or
recycling should be considered.
Collection and treatment alternatives
include, but are not limited to, retention
basins, detention basins with metered
controlled release, Underground Storage
Tanks (USTs) and/or disposal to
Publicly Owned Treatment Works
(POTW) by way of sanitary sewer or
hauling tankers. Runoff management
controls that the operator determines to
be reasonable and appropriate shall be
implemented and maintained. The plan
should consider the recovery of deicing/
anti-icing materials when these
materials are applied during non-
precipitation events to prevent these
materials from later becoming a source
of storm water contamination. The plan
shall provide a narrative explanation of
the controls selected and the reasons for
their selection.
(f) Inspections—In addition to or as
part of the comprehensive site
evaluation required under paragraph
XI.S.3.a.(4) of this section, qualified
facility personnel shall be identified to
inspect designated equipment and areas
of the facility specified in the plan. The
inspection frequency shall be specified
in the plan, but at a minimum be
conducted once per week during
deicing/anti-icing application periods
for areas where deicing/anti-icing
operations are being conducted. A set of
tracking or follow-up procedures shall
be used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
shall be maintained. The use of a
checklist developed by the pollution
prevention team is encouraged.
(g) Pollution Prevention Training—
Pollution prevention training programs
shall be developed to inform
management and personnel responsible
for implementing activities identified in
the storm water pollution prevention
plan of the components and goals of the
plan. Training should address topics
such as spill response, good
housekeeping, aircraft and runway
deicing/anti-icing procedures, and
material management practices. The
pollution prevention plan shall identify
periodic dates for such training.
(h) 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. Inspections and
maintenance activities shall be
documented and records shall be
incorporated into the plan.
(i) Non-storm Water Discharges.
(i) The plan shall include a
certification that the discharge points
have 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 onsite 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
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51218 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
access to the ultimate conduit which
receives the discharge. In such cases,
the source identification section of the
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.S.3.a.(3)(iii) (below).
(ii) Except for flows from fire fighting
activities, other sources of non-storm
water listed in Part ni.A.2 (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
components) of the discharge.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting a
notice of intent 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.
(j) 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.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations
during periods of deicing/anti-icing
operations at appropriate intervals
specified in the plan, but 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.S.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.S.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.S.3.a.(4)(b) (above) of the permit shall
be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(f), the compliance
evaluation may be conducted in place of
one such inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those in Part
V.B of this permit.
5. Monitoring and Reporting ,
Requirements
a. During the period beginning on the
effective date and lasting through the
expiration date of this permit, (airports
that use more than 100,000 gallons of
glycol-based deicing/anti-icing)
chemicals and/or 100 tons or more of
urea on an average annual basis):
(1) Shall prepare estimates for annual
pollutant loadings resulting from
discharges of spent deicing/anti-icing
chemicals from the entire airport. The
loading estimates shall reflect the
amounts of deicing/anti-icing chemicals
discharged to separate storm sewer
systems or surface waters, prior to and
after implementation of the facility's
storm water pollution prevention plan.
Such estimates shall be reviewed by an
environmental professional, and
certified by such professional. By means
of the certification, the environmental
professional, having examined the
facility's deicing/anti-icing procedures,
and proposed control measures
described in the storm water pollution
prevention plan, shall attest that the
loading estimates have been accurately
prepared. Certified loading estimates are
to be retained at the airport facility and
attached to the storm water pollution
prevention plan.
b. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], airports that use more than
100,000 gallons of glycol-based deicing/
anti-icing chemicals and/or 100 tons or
more of urea on an average annual basis
shall monitor outfalls from the airport
facility that collect runoff from areas
where deicing/anti icing activities
occur, except as provided in paragraph
5.a.(3) (Sampling Waiver). Airports
which are subject to these monitoring
requirements must sample their storm
water discharges for the parameters
listed in Table S-l below. Such
facilities must report in accordance with
S.b. (Reporting). In addition to the
parameters listed in Table S—1 below,
the permittee shall provide the date and
duration (in hours) of the precipitation
event(s) sampled; measurements or
estimates (in niches) of the precipitation
event that generated the sampled runoff;
the duration between the event sampled
and the end of the previous measurable
(greater than 0.1 inch rainfall) event;
and an estimate of the total volume (in
gallons) of the discharge sampled.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51219
TABLE S-1 .—MONITORING
REQUIREMENTS
Pollutants of concern
Biochemical Oxygen De-
mand (BOD3).
Chemteal Oxygen Demand
(COO).
Ammonia
oH
Monitoring cut-
off concentration
30 mg/L
120mg/L
19 mg/L
6.0 to 9 s.u.
For the purposes of today's final
permit, the "average annual" usage rate
of deicing/anti-icing chemicals is
determined by averaging the cumulative
amount of deicing/anti-icing chemicals
used by all operators at the airport
facility in the 3 previous calendar years.
(1) Monitoring Periods. Airports
where more than 100,000 gallons of
glycol-based deicing/anti-icing
chemicals and/or 100 tons or more of
urea are used on an average annual basis
shall monitor outfalls from the facility
that collect runoff from areas where
doicing/anti-icing activities occur four
times per year during the months of
December, January, and February when
deicing/anti-icing activities are
occurring, in tie years specified in
paragraph b. (above).
(2) Sample Type. A minimum of one
grab sample and one flow-weighted
composite sample shall be taken from
each outfall that collects runoff from
areas where deicing/anti-icing activities
occur. All such samples shall be
collected from a discharge resulting
from a precipitation 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) precipitation event. The
required 72-hour storm event interval is
waived where the preceding measurable
storm event did not result in a
measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
SormiUeo documents that less than a 72-
our interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample should be taken when pollutant
concentrations in the storm water/melt
water discharges from deicing/anti-icing
operations are expected to be at a
maximum. The recommended
methodology for performing grab and
flow-weighted composite sampling is
described at 40 CFR 122.21(g)(7). The
permittee has the option to submit site-
specific deicing/anti-icing discharge
monitoring protocol and methodology,
better suited to the particular facility, to
tho Director for approval.
(3) Sampling Waiver.
(a) Adverse Conditions—Adverse
weather conditions that may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as high winds, blizzard
conditions, ice storms, etc.) or otherwise
make the collection of a sample
impracticable (extended frozen
conditions, etc.).
(b) Law Concentration Waiver—When
the average concentration for a
parameter calculated from all grab
samples collected during the monitoring
period [insert date 1 year after permit
issuance] lasting through [insert date 2
years after permit issuance] is less than
the corresponding value for that
parameter listed in Table S—1 under the
column Monitoring Cut-off
Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility which drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
:event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. The
Alternative Certification provision
discussed in other sections of Part XI is
not applicable to discharges included
under Part XI.S. (Storm Water
Discharges Associated with Industrial
Activity from Vehicle Maintenance
Areas, Equipment Cleaning Areas, or
Deicing/Anti-icing Areas Located at Air
Transportation Facilities).
(c) Reporting. Airports identified in
Part XI.S.5.6 shall submit monitoring
results obtained during the reporting
period beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
March [insert the date 2 years after
permit issuance]. Monitoring results
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of March [insert date 4
years after permit issuance]. A separate
Discharge Monitoring Report Form is
required for each sampling period. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or
waiver, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part Vl.G. of the fact
sheet.
(1) Additional Notification, hi
addition to filing copies of discharge
monitoring reports in accordance with
paragraph cb (above), facilities
identified in Part XI.S.5.6 that discharge
storm water to 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 be
(above).
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51220
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
T. Storm Water Discharges Associated
With Industrial Activity From Treatment
Works
1. Discharges Covered Under This
Section
a. This permit covers all existing
point source discharges of storm water
from treatment works treating domestic
sewage or any other sewage sludge or
waste water treatment device or system,
used in the storage, treatment, recycling,
and reclamation of municipal or
domestic sewage, including lands
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 Part 403. When an
industrial facility, described by the
above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. Prohibited non-storm water
discharges including sanitary and
industrial wastewater, and equipment
and vehicle washwaters are not
authorized by this permit. The operators
of such discharges must obtain coverage
under a separate NPDES permit if
discharged to waters of the United
States or through a municipal separate
storm sewer system.
3. Storm Water Pollution Prevention
Plan Requirements
a. Contents of the 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 who
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 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—A site map indicating
the location of each point of discharge
of storm water associated with
industrial activity, types of discharges
contained in the drainage areas of the
outfalls, an outline of the portions of the
drainage area of each storm water outfall
that are within the facility boundaries
(with a prediction of the direction of
flow), 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 III.B. (Spills and Leaks) of
this permit have occurred. In addition,
the locations of the following activities
shall be indicated: fueling areas; vehicle
and equipment maintenance and/or
cleaning areas; locations used for
treatment, storage and disposal areas for
wastes, liquid storage tanks, processing
areas and storage areas for process
chemicals, petroleum products,
solvents, fertilizers, herbicides and
pesticides; and loading/unloading areas.
(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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years priorjo the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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) Summary of Potential Pollutant
Sources—A narrative description of the
potential pollutant sources from the
following activities associated with
treatment works: access roads/rail lines;
loading and unloading operations;
outdoor storage activities; material
handling sites; outdoor manufacturing
or processing activities; significant dust
or particulate generating processes; and
onsite 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., acid, bases, and solvents, 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—All areas
that may contribute pollutants to storm
waters discharges shall be maintained 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.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51221
(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 hi 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 and
equipment for cleaning up spills shall
be Identified in the plan and made
available to the appropriate personnel.
(d) Inspections—In addition to the
comprehensive site evaluation required
under Part XI.T.3.a.(4) of this permit,
qualified facility personnel shall be
identified to inspect designated
equipment and areas of the facility on
a periodic basis. The following areas
shall be included in all inspections:
access roads/rail lines, equipment
storage and maintenance areas (both
indoor and outdoor areas); fueling;
material handling areas, residual
treatment, storage, and disposal areas;
and wastewater treatment areas. A set of
tracking or follow-up procedures shall
bo used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
shall be maintained. The use of a
checklist developed by the facility is
encouraged.
(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. The
pollution prevention plan shall identify
how often training will take place, but
training should be held at least annually
(once per calendar year). Employee
training must, at a minimum, address
the following areas when applicable to
a facility: petroleum product
management; process chemical
management; spill prevention and
control; fueling procedures; general
good housekeeping practices; proper
procedures for using fertilizers,
herbicides and pesticides.
(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.
(i) 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 onsite 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 practical 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 prevention plan
shall indicate why the certification
required by this part was not practical,
along with the identification of potential
significant sources 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 XI.T.3.a.(3)(g)(iv)
(Failure to Certify) of this permit.
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part m.A.2. (Prohibition of
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
components) of the discharge.
(Hi) A copy of all the current NPDES
permit issued for wastewater, industrial,
vehicle and equipment washwater
discharges or, if an NPDES permit has
not yet been issued, a copy of the
pending application must be attached to
the plan. For facilities that discharge
vehicle and equipment washwaters to
the sanitary sewer system, the operator
of the sanitary system and associated
treatment plant must be notified. In
such cases, a copy of the notification
letter must be attached to the plan. If an
industrial user permit is issued under a
pretreatment program, a copy of that
permit must be attached in the plan. In
all cases, any permit conditions must be
considered in the plan. If the
washwaters are handled in another
manner (e.g., hauled offsite), the
disposal method must be described and
all pertinent documentation (e.g.,
frequency, volume, destination, etc.)
must be attached to the plan.
(iv) Failure to Certify. Any facility that
is unable to provide the certification
required (testing for non-storm water
discharges), must notify the Director by
[insert date 270 days after permit
issuance] or, for facilities that begin to
discharge storm water associated with
industrial activity after [insert date 270
days after permit issuance], 180 days
after submitting an NOI to be covered by
this permit. If the failure to certify is
caused by the inability to perform
adequate tests or evaluations, such
notifications 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 that are not authorized by
an NPDES permit are unlawful and
must be terminated.
(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
Part XI.T.3.a.(2) (Description of
Potential Pollutant Sources) of this
permit] shall be considered when
determining reasonable and appropriate
measures. Appropriate .measures or
other equivalent 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),
snow management activities, infiltration
devices, and wet detention/retention
devices.
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51222
Federal Register /Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with Part XI.T.3.a.(2)
(Description of Potential Pollutant
Sources) of this permit and pollution
prevention measures and controls
identified in the plan in accordance
with paragraph XI.T.3.a.(3) (Measures
and Controls) of this permit shall be
revised as appropriate within 2 weeks of
such evaluation and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.T.3.a.(4)(b) of the permit shall be
made and retained as part of the storm
water pollution prevention plan for at
least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric.Effluent Limitations
There are no numeric effluent
limitations beyond those in Part V.B.
5. Monitoring and Reporting
Requirements
a. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each of the
following designated periods during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event: January through
March; April through June; July through
September; and October through
December.
(1) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the observation
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains hi detail why the outfalls are
expected to discharge substantially
identical effluents. In addition, for each
outfall that the permittee beh'eves 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.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the results of
the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
U. Storm Water Discharges Associated
With Industrial Activity From Food and
Kindred Products Facilities
1. Discharges Covered Under This
Section
This section covers all storm water
discharges, from food and kindred
products processing facilities
(commonly identified by Standard
Industrial Classification (SIC) code 20),
including: meat products; dairy
products; canned, frozen and preserved
fruits, vegetables, and food specialties;
grain mill products; bakery products;
sugar and confectionery products; fats
and oils; beverages; and miscellaneous
food preparations and kindred products
and tobacco products manufacturing
(SIC Code 21), except for storm water
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51223
discharges identified under paragraph
I.B.3. where industrial plant yards;
material handling sites; refuse sites;
sites used for application or disposal of
process wastewaters; sites used for
storage and maintenance of material
handling equipment; sites used for
residential treatment, storage, or
disposal; shipping and receiving areas;
manufacturing buildings; and storage
areas for raw material and intermediate
and finished products are exposed to
storm water and areas where industrial
activity has taken place in the past and
significant materials remain. For the
purposes of this paragraph, material
handling activities include the storage,
loading, and unloading, transportation,
or conveyance of any raw material,
intermediate product, finished product,
by-product, or waste product.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
doscription(s) of industrial activities in
another scction(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
o. Prohibition of Non-storm Water
Discharges.
(1) Discharges of non-storm water,
including boiler blowdown, cooling
tower overflow and blowdown,
ammonia refrigeration purging, and
vehicle washing/clean-out operations, to
waters of the United States, or through
municipal separate storm sewer
systems, are not authorized by this
permit (except those discharges
identified in part m.A.2 in the permit).
The operators of such discharges must
obtain coverage under a separate NPDES
wastowater discharge permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 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—A site map indicating
the pattern of storm water drainage,
existing structural control measures to
reduce pollutants in storm water runoff,
surface water bodies, locations where
significant materials are exposed to
precipitation, and locations where major
spills or leaks identified under Part
XI.U.3.a.(2)(c) (Spills and Leaks) of this
permit have occurred since 3 years prior
to the date of the submission of a Notice
of Intent (NOI) to be covered under this
permit. The map must also indicate the
locations of all industrial activities that
are exposed to precipitation, including,
but not limited to: loading/unloading
areas; vehicle fueling; vehicle and
equipment maintenance and/or cleaning
areas; waste treatment, storage and
disposal locations; liquid storage tanks;
vents and stacks from cooking, drying,
and similar operations, dry product
vacuum transfer lines; animal holding
pens; spoiled product and broken
product container storage areas;
significant dust or particulate generating
areas; and any other processing and
'Storage areas exposed to storm water.
Flows with a significant potential for
causing erosion shall also be identified.
In addition, the site map must identify
monitoring locations. In addition, the
map must indicate the outfall locations
and the types of discharges contained in
the drainage areas of the outfalls.
(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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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) Summary of Potential Pollutant
Sources—The description of potential
pollutant sources culminates in a
narrative assessment of the risk
potential that the industrial activities,
materials, and physical features of the
site, as identified in XI.U.3.a.(2)(a)
(drainage), pose to storm water quality.
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, oil and grease, etc.) of
concern shall be identified.
In addition to food and kindred
products processing-related industrial
activities, the plan must also describe
application/storage of pest control
chemicals (e.g., rodenticides,
insecticides, fungicides, and others)
used on plant grounds, including a
description of pest control application
and chemical storage practices.
(3) Measures ana 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
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51224
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
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. Areas
that must be identified should include
loading/unloading stations, outdoor
storage areas, and waste management
areas exposed to storm water. 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 the
comprehensive site evaluation required
under Part XI.U.3.a.(4) of this section,
qualified facility personnel shall be
identified to inspect designated
equipment and areas of the facility. At
a minimum, the following areas, where
the potential for exposure to storm
water exists, must be inspected on a
regularly scheduled basis: loading and
unloading areas for all significant
materials; storage areas, including
associated containment areas; waste
management units; vents and stacks
emanating from industrial activities;
spoiled product and broken product
container holding areas; animal holding
pens; staging areas; and air pollution
control equipment. A set of tracking or
follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections shall be
maintained. Based on the results of the
inspection, the description of potential
pollutant sources and pollution
prevention measures and controls
identified in the plan shall be revised as
appropriate within 2 weeks of such
inspection and shall provide for
implementation of any changes to the
plan in a timely manner, but iri no case
more than 12 weeks after the inspection.
(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,
material management practices,
unloading/loading practices, outdoor
storage areas, waste management
practices, pest control, and improper
connections to the storm sewer. At a
minimum, this training must be
provided annually. The pollution
prevention plan shall identify
frequencies and approximate dates for
such training.
(fl 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. Ineffective
BMPs must be recorded and the date of
then- corrective actions noted in the
plan.
(g) Non-storm Water Discharges
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources of non-storm water at
the site. A discharger that is unable to
provide the certification required by this
paragraph must notify the Directdr in
accordance with Part XI.U.3.a.(3)(g)(iv)
(Failure to Certify) of this permit.
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part IH.A.2 (Prohibition of 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.
(Ui) If the facility discharges
wastewater, other than storm water via
an existing NPDES permit, a copy of the
NPDES permit authorizing the discharge
must be attached to the plan. Similarly,
if the facility submitted an application
for an NPDES permit for non-storm
water discharges, but has not yet
received that permit, a copy of the
permit application must be attached.
Upon issuance or reissuance of an
NPDES permit, the facility must modify
its plan to include a copy of that permit.
(iv) Failure To Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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
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51225
control the generation, or source(s) of
pollutants) used to divert, infiltrate,
rouse, 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 he 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
Part XI.U.3.a.(2) (Description of
Potential Pollutant Sources) of this
permit) shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
equivalent 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),
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, out in no case less than once a
year. Where compliance evaluation
schedules overlap with inspections
required under XI.U.3.a.(3)(d) of this
section, the compliance evaluation may
bo conducted in place of one such
inspection. 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
ollutant loadings shall be evaluated to
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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with Part XI.U.3.a.(2)
(Description of Potential Pollutant
Sources) of this permit and pollution
prevention measures and controls
identified in the plan in accordance
with paragraph XI.U.3.a.(3) (Measures
and Controls) of this permit shall be
revised as appropriate within 2 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 12 weeks after the inspection.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.U.3.a.(4)(d) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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) The storm water pollution
prevention plan must describe the scope
and content of the comprehensive site
evaluations that qualified personnel will
conduct to (1) confirm the accuracy of .
the description of potential sources
contained in the plan, (2) determine the
effectiveness of the plan, and (3) assess
compliance with the terms and
conditions of the permit. The individual
or individuals who will conduct the
evaluations must be identified in the
plan and should be members of the
pollution prevention team, as identified
in Part XI.U.3.a.(l) (Pollution
Prevention Team).
4. Numeric Effluent Limitations
There are no additional numeric
effluent Limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with grain mill
and fats and oils products facilities must
monitor their storm water discharges
associated with industrial activity at
least quarterly (4 times per year) during
years 2 and 4 except as provided in
paragraphs 5.a.(3) (Sampling Waiver),
5.a.(4) (Representative Discharge), and
5.a.(5) (Alternative Certification). Grain
mill and fats and oils products facilities
are required to monitor their storm
water discharges for the pollutants of
concern listed in Table U-l or U^2
below. Facilities must report in
accordance with 5.b. (Reporting). In
addition to the parameters listed in
Table U-l or U—2 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 that 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.
TABLE u-1.— GRAIN MILL PRODUCTS
Pollutant of concern
Total Suspended Solids
Gut-off con-
centration
(mg/L)
100
TABLE u-2.—FATS AND OILS PROD-
UCTS MONITORING REQUIREMENTS
Pollutant of concern
Biochemical Oxygen Demand
(BODs)
Chemical Oxygen Demand
(COD)
Nitrate Plus Nitrite Nitrogen
Total Suspended Solids
Cut-off con-
centration
(mg/L)
30
120
0.68
100
(1) Monitoring Periods. Grain mill and
fats and oils products facilities shall
monitor samples collected during the
sampling periods of: January to March,
April to June, July to September, and
October to December for the years
specified in paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 minutes is impracticable, a grab
sample can be taken during the first
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hour of the discharge, and the
discharger shall submit with the
monitoring report a description of why
a grab sample during the first 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or non-process water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver.
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
13-1 under the column Monitoring Cut-
off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility which drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under •
paragraph b below, under penalty of
law, signed in accordance with Part
VH.G. (Signatory Requirements), that
material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products, industrial
machinery or operations, or significant
materials from past industrial activity,
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees with grain
mill and fats and oils products facilities
shall submit monitoring results for each
outfall associated with industrial
activity [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the reporting period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following March [insert the date 2
years after permit issuance]. Monitoring
results (or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
the 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VLG. of the fact
sheet to this permit.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above) food and kindred
products, 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 b (above).
a. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination(s)
must be made at least once in each of
the following 3-month periods: January
through March, April through June, July
through September, and October
through December. The examination
shall be made during daylight hours
unless there is insufficient rainfall or
snow melt to produce a runoff event.
(1) Examinations shall be made of a
grab sample collected within'the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
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51227
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(2) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(3) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains in detail why the outfalls are
expected to discharge substantially
identical effluents, hi addition, for each
outfall that the permittee believes is
representative, an estimate of the size of
tho 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
nigh (above 65 percent)) shall be
provided in the plan.
(4) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
V. Storm Water Discharges Associated
With Industrial Activity From Textile
Mils, Apparel, and Other Fabric
Product Manufacturing Facilities
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges from the following activities:
Textile Mill Products, of and regarding
facilities and establishments engaged in
the preparation of fiber and subsequent
manufacturing of yam, thread, braids,
twine, and cordage, the manufacturing
of broadwoven fabrics, narrow woven
fabrics, knit fabrics, and carpets and
rugs from yarn; processes involved in
"the dyeing and finishing of fibers, yarn
fabrics, and knit apparel; the integrated
manufacturing of knit apparel and other
finished articles of yarn; the
manufacturing of felt goods (wool), lace
goods, nonwoven fabrics, miscellaneous
.textiles, and other apparel products
(generally described by SIC codes 22
and 23).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
; The monitoring and pollution
prevention plan terms and conditions of
• this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
; industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges.
(I) In addition to the general
prohibition of non-storm waster
discharges at Part III A.2 of this permit
to discharges of wastewater, such as
wastewater as a result of wet processing,
wastewaters resulting from any
processes relating to the production
process, reused or recycled water, and
waters used in cooling towers are
prohibited under this permit. Operators
of such discharges to waters of the
United States, must obtain coverage
under a separate NPDES permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 who
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 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.
(i) 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
XI.V.3.a.(2)(c) (Spills and Leaks) of this
permit have occurred, and the locations
of the following activities where such
activities are exposed to precipitation:
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
loading/unloading areas, locations used
for the treatment, storage or disposal of
wastes, liquid storage tanks or silos,
bulk storage areas that may exist,
processing areas and storage areas,
fueling stations, vehicle and equipment
maintenance and/or cleaning areas. The
map must indicate the outfall locations
and the types of discharges contained in
the drainage areas of the outfalls.
(ii) 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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; onsite waste
disposal practices; industry-specific
significant materials and industrial
activities (e.g., backwinding, beaming,
bleaching, backing, bonding
carbonizing, carding, cut and sew
operations, desizing, drawing, dyeing
flocking, fulling, knitting, mercerizing,
opening, packing, plying, scouring,
slashing, spinning,-synthetic-felt
processing, textile waste processing,
tufting, turning, weaving, web forming,
winging, yarn spinning, and yarn
texturing). 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 water discharges in
a clean, orderly manner. The following
areas must be specifically addressed,
when applicable at the facility:
(i) Material Storage Areas—All stored
and containerized materials (fuels,
petroleum products, solvents, dyes, etc.)
must be stored in a protected area, away
from drains and clearly labeled. The
plan must describe measures that
prevent or minimize contamination of
storm water runoff from such storage
areas. The facility should specify which
materials are stored indoors and must
provide a description of the
containment area or enclosure for those
materials which are stored outdoors.
Above ground storage tanks, drums, and
barrels permanently stored outside must
be delineated on the site map with a
description of the appropriated
containment measures in place to
prevent leaks and spills. The facility
may consider an inventory control plan
to prevent excessive purchasing,
storage, and handling of potentially
hazardous substances. In the case of
storage of empty chemical drums and
containers, facilities should employ
practices which ensure that barrels are
clean and residuals are not subject to
contact with storm water, such practices
may include triple-rinsing containers.
The discharge waters from such
washings must be collected and
disposed of properly.
(ii) Material Handling Area—The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff from materials handling
operations and areas. The facility may
consider the use of spill and overflow
protection; covering fueling areas;
covering and enclosing areas where the
transfer of materials may occur. Where
applicable, the plan must address the
replacement or repair of leaking
connections, valves, transfer lines and
pipes that may carry chemicals, dyes, or
wastewater.
(Hi) Fueling Areas—The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from fueling areas. The
facility may consider covering the
fueling area, using spill and overflow
protection, minimizing runon of storm
water to the fueling area, using dry
cleanup methods, and/or collecting the
storm water runoff and providing
treatment or recycling.
(iv) Above Ground Storage Tank
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from above ground storage tank areas.
The facility must consider storage tanks
and their associated piping and valves.
The facility may consider regular
cleanup of these areas, preparation of a
spill prevention control and
countermeasure program, provide spill
and overflow protection, minimizing
runon of storm water from adjacent
areas/restrict access to the area,
insertion of filters in adjacent catch
basins, provide absorbent booms in
unbermed fueling areas, use of dry
cleanup methods, and permanently
sealing drains within critical areas that
may discharge to a storm drain.
(b) Preventive Maintenance—A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices (e.g., cleaning oil/
water separators, sediment traps, catch
basins, infiltration devices, ponds) as
well as inspecting and testing facility
equipment and systems to uncover
conditions that could cause breakdowns'
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices J>1229
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 bo 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
tho plan and made available to the
appropriate personnel. The necessary
equipment to implement a clean up
should be available to personnel.
(d) Inspections—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility at appropriate intervals specified
in the plan. Inspection intervals are to
occur on a monthly basis. Inspections of
this nature shall include, but not be
limited to, the following areas: all
containment and storage areas, transfer
and transmission lines, spill prevention,
good housekeeping practices,
management of process waste products,
all structural and nonstructural
management practices. A set of tracking
or follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections 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. The
pollution prevention plan shall identify
dates for such training to take place at
least annually (once per calendar year).
Employee training must, at a minimum
address the following areas when
applicable to a facility: use of reused/
recycled waters; solvents management;
proper disposal of dyes; proper disposal
of petroleum products and spent
lubricants; spill prevention and control;
fueling procedures; and general good
housekeeping practices. Employees,
independent contractors, and customers
must be informed about BMPs and be
required to perform in accordance with
these practices. Copies of BMPs and any
specific management plans, including
emergency phone numbers, shall be
posted in the work areas.
(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.
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.V.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2. 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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
paragraph XI.Vi3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
other equivalent 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),
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 in no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity (storage tank areas,
waste disposal and storage areas,
dumpsters and open containers stored
outside, materials storage areas, engine
maintenance and repair areas, material
handling areas, and loading dock areas)
shall be visually inspected for evidence
of, or the potential for, pollutants
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51230 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
entering the drainage system. Measures
to reduce pollutant loadings shall be
evaluated to determine whether they are
adequate and properly implemented in
accordance with title 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.V.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.V.3.a.{3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.V.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 Vn.G. (Signatory
Requirements) of this permit.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
Requirements
a. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a representative storm
water discharge associated with
industrial activity from each outfall,
except discharges exempted below. The
examination must be made at least once
in each designated period [described in
(1), below] during daylight hours unless
there is insufficient rainfall or snow
melt to produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Whenever practicable the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(3) Visual examination reports must
be maintained in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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 an
explanation 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.
(5) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
W. Storm Water Discharges Associated
With Industrial Activity From Wood and
Metal Furniture and Fixture
Manufacturing Facilities
1. Discharges Covered Under This
Section.
The requirements listed under this
section shall apply to storm water
discharges associated with industrial
activities from facilities involved in the
manufacturing of: wood kitchen
cabinets (generally described by SIC
code 2434); household furniture
(generally described by SIC code 251);
office furniture (generally described by
SIC code 252); public buildings and
related furniture (generally described by
SIC code 253); partitions, shelving,
lockers, and office and store fixtures
(generally described by SIC code 254);
and miscellaneous furniture and
fixtures (generally described by SIC
code 259).
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51231
When, an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other sectionfs) in addition to all
applicable requirements in this section.
Tho monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
tho samo industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. This section does not cover
any discharge subject to process
waslewater effluent limitation
guidelines, including storm water that
combines with process wastewater.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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
aro 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
tho 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 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.
(i) A site map indicating an outline of
tho 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
XI.W.3.a.(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 and unloading areas; material
storage (including tanks or other vessels
used for liquid or waste storage) areas;
outdoor material processing areas; areas
where wastes are treated, stored, or
disposed; access roads; and rail spurs.
The map must indicate the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls.
(ii) 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 the
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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
;and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 onsite waste
treatment, storage, or 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 water 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
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51232
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
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 the
comprehensive site compliance
evaluation required under Part
XI.W.3.a.(4), of this permit, qualified
facility personnel shall be identified to
inspect the following on a quarterly
basis: the integrity of storm water
discharge diversions, conveyance
systems, sediment control and
collection systems, and containment
structures; vegetative BMPs to
determine if soil erosion has occurred;
and material handling and storage areas
and other potential sources of pollution
for evidence of actual or potential
pollutant discharges of contaminated
storm water. Information must be
maintained onsite and include the
inspection date and time and the name
of personnel conducting the visual
inspection. The pollution prevention
plan must be updated based on the
results of each inspection. A set of
tracking or follow-up procedures shall
be used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
shall be maintained. The use of a
checklist developed by the facility is
encouraged.
(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. The
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), BMP inspection and
maintenance activities, 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. Ineffective
BMPs must be reported and the date of
their corrective action noted.
(g) Non-storm Water Discharges.
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.W.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm -water
listed in Part III.A.2. (Prohibition of
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
components) of the discharge.
(in) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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
paragraph XI.W.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
other equivalent 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),
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, in no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity including, but not
limited to, coal piles, ash disposal areas,
loading/unloading operations, and
waste treatment, storage, or disposal
locations 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
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51233
inspection of equipment needed to
implement the plan, such as spill
response equipment, shall be made.
(oj Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.W.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.W.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
tho evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.W.a.(4)(b) (above) of the permit shall
be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncomph'ance. Where a
report does not identify any incidents of
noncompliance, the report shall contain
a certification that the facility is in
compliance \vith the storm water
pollution prevention plan and this
permit. The report shall be signed in
accordance with Part Vn.G. (Signatory
Requirements) of this permit.
(d) Where compliance evaluation
schedules overlap with inspections
required under XI.W.3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
Requirements
a. Monitoring Requirements.
(1) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period (described in (a), below) during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(a) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(b) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Whenever practicable the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
(c) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricanes, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
(d) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
(e) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(fl 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 collect a
sample of effluent of one of such
outfalls and report that the observation
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.
(g) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the .
discharger must document the reason
for not performing the visual
examination. Adverse weather
conditions which may prohibit the
collection of samples include 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.).
X. Storm Water Discharges Associated
With Industrial Activity From Printing
and Publishing Facilities
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to storm water
discharges associated with industrial
activity from the following types of
facilities: book printing (SIC Code 2732);
commercial printing, lithographic (SIC
Code 2752); commercial printing,
gravure (SIC Code 2754); commercial
printing, not elsewhere classified (SIC
Code 2759); and platemaking and
related services (SIC Code 2796).
When an industrial facility/described
by the above coverage provisions of this
section, has industrial activities being
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51234 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
" plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
There are no additional special
conditions beyond those found in Part
m. of today's permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 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.
(i) 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
XI.X.3.a.(2)(c) (Spills and Leaks) of this
section 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. Above ground
storage tanks, drums, and barrels
permanently stored outside must be
delineated on the site map. The map
must indicate the outfall locations and
the types of discharges contained in the
drainage areas of the outfalls.
(ii) 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 the
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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 associated with printing,
publishing and allied facilities: loading
and unloading operations; outdoor
storage activities; significant dust or
particulate generating processes; and
onsite waste disposal practices (i.e.,
blanket wash). 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., oil and grease,
scrap metal, 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 water discharges in
a clean, orderly manner. Areas where
good housekeeping should be
implemented include:
(i) Material Storage Areas—All stored
and containerized materials (skids,
pallets, solvents, bulk inks, and
hazardous waste, empty drums,
portable/mobile containers of plant
debris, wood crates, steel racks, fuel oil,
etc.) should be stored in a protected
area, away from drains and properly
labeled. The plan should describe
measures that prevent or minimize
contamination of the storm water runoff
from such storage areas. The facility
should specify which materials are
stored indoors and must provide a
description of the containment area or
enclosure for those materials which are
stored outdoors. The facility may
consider an inventory control plan to
prevent excessive purchasing, storage,
and handling of potentially hazardous
substances. The facility may consider
indoor storage of the materials and/or
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51235
installation of berming and diking of the
area.
(il) Material Handling Areas—The
plan must describe measures that
prevent or minimize contamination of
tho storm water runoff from materials
handling operations and areas (i.e.,
blanket wash, mixing solvents, loading/
unloading materials). The facility may
consider the use of spill and overflow
protection; covering fuel areas; covering
and enclosing areas where the transfer
of materials may occur. Where
applicable, the plan must address the
replacement or repair of leaking
connections, valves, transfer lines and
pipes that may carry cnemicals, or
wastewater.
(Hi) Fueling Areas—The plan must
describe measures that prevent or
minimize contamination of the storm
water runoff from fueling areas. The
facility may consider covering the
fueling area, using spill and overflow
protection, minimizing runon of storm
water to the fueling area, using dry
cleanup methods, and/or collecting the
storm water runoff and providing
treatment or recycling.
(iv) Above Ground Storage Tank
Areas—Tho plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from above ground storage tanks and
their associated piping and valves. The
facility may consider regular cleanup of
these areas, preparation of a spill
prevention control and countenneasure
program, provide spill and overflow
protection, minimizing runon of storm
water from adjacent facilities and
properties, restrict access to the area,
insertion of filters in adjacent catch
basins, provide absorbent booms in
unbenned fueling areas, use of dry
cleanup methods, and permanently
sealing drains within critical areas that
may discharge to a storm drain.
Co) Preventive Maintenance—A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices (e.g., cleaning oil/
water separators, vegetative swales,
secondary containment, 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—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility on an annual basis. The
following areas shall be included in, but
not limited to, all inspections: all
containment and material storage areas,
fueling areas, loading and unloading
areas, equipment cleaning areas. A set of
tracking or follow-up procedures shall
be used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
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. The
pollution prevention plan shall identify
how often training will take place, but
training should be provided annually.
Employee training must, at a minimum,
address the following areas when
applicable to a facility: spent solvent
management; spill prevention and •
control; used oil management; fueling
procedures; and general good
housekeeping practices. The pollution
prevention plan shall identify periodic
dates for such training.
ff) 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.
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.X.3.a.(3)(g)(iii) (below).
'(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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
riot authorized by an NPDES permit are
unlawful, and must be terminated.
(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
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51236
Federal Register / Vol. 60, No. 189 / Friday, September 29. 1995 / Notices
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
paragraph XI.X.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
other equivalent 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),
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 in no case less than once a
year. Such evaluations shall provide:
(a) Areas contributing to a storm
water discharge associated with
industrial activity (including, but not
limited to, material handling areas,
material storage areas, waste disposal
and storage areas, loading/unloading
areas) 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.
(o) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.X.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.X.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.X.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B. of this permit.
5. Monitoring and Reporting
Requirements
a. Monitoring Requirements.
(1) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity for
each outfall except discharges exempted
below. The examination must be made
at least once in each designated period
[described in (a), below] during daylight
hours unless there is insufficient rainfall
or snow melt to produce a runoff event.
(a) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(b) Examinations shall be made of a
grab sample collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Whenever practicable the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
When a discharger is unable to collect
samples over the course of the visual
examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(c) Visual examination reports must
be maintained in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended-solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(d) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51237
drainage area [e.g., low (under 40
percent), medium (40 to 65 percent), or
high (above 65 percent)] shall be
provided in the plan.
(0) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
Y. Storm Water Discharges Associated
With Industrial Activity From Rubber,
Mscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries
1. Discharges Covered Under This
Section
The requirements listed under this
section shall apply to all storm water
discharges associated with industrial
activity from rubber and miscellaneous
plastic products manufacturing facilities
(SIC major group 30) and miscellaneous
manufacturing industries, except
jewelry, silverware, and plated ware
(SIC major group 39, except 391).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
doscription(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other soction(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
tho same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
Prohibition of Non-storm Water
Discharges. Other than as provided in
Part El. A. of this permit, non-storm
water discharges are not authorized by
this section.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 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. All rubber manufacturers shall
in particular review the use of zinc at
their facilities and the possible
pathways through which zinc may be
discharged in storm water runoff. Each
plan shall include, at a minimum:
Drainage.
: (i) 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
XI.Y.3.a.(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. The map must
indicate the outfall locations and the
types of discharges contained in the
drainage areas cif the outfalls.
(ii) 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 a
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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 onsite 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.
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
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51238 Federal Register / Vol. 60. No. 189 / Friday, September 29, 1995 / Notices
controls in a plan shall reflect identified
potential sources of pollutants at the
facility. Facilities subject to EPCRA
Section 313 should note that the special
requirements of Part FV.E. of this permit
also apply to their facilities. 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 water 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 cleanup
should be available to personnel.
(d) Inspections—In addition to or as
part of the comprehensive site
evaluation required under paragraph
XI.Y.3.a.(4) of this section, 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 follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections 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. The
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.
Non-storm Water Discharges.
(i) 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 onsite drainage
points that were directly observed
during the test. Certifications shall be
signed in accordance with Part VILG. 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.Y.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (Prohibition of 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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
paragraph XI.Y.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
other equivalent 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),
snow management activities, infiltration
devices, and wet detention/retention
devices.
(j) Special Requirements for All
Rubber Products Manufacturers—All
rubber products manufacturing facilities
shall include specific measures and
controls to minimize the discharge of
zinc in their storm water discharges.
The following possible sources of zinc
shall be reviewed and the
accompanying BMPs shall be included
as appropriate in the storm water
pollution prevention plan:
(i) Inadequate Housekeeping—All
permittees shall review the handling
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51239
and storage of zinc bags at their facilities
and consider the following BMPs for the
pollution prevention plan: employee
training regarding the handling and
storage of zinc bags, indoor storage of
zinc bags, thorough cleanup of zinc
spills without washing the zinc into the
storm drain, and the use of 2,500-pound
sacks of zinc rather than 50- to 100-
pound sacks.
(il) Zinc in Dumpsters—The following
BMPs or equivalent measures shall be
considered to reduce discharges of zinc
from dumpsters: providing a cover for
the dumpster; move the dumpster to an
indoors location; or provide a lining for
the dumpster.
(Hi) Malfunctioning Dust Collectors or
Bughouses—Permittees shall review
dust collectors andbaghouses as
possible sources in zinc in storm water
runoff. Improperly operating dust
collectors orbaghouses shall be
replaced or repaired as appropriate. The
pollution prevention plan shall also
provide for regular maintenance of these
facilities.
Civ) Grinding Operations—Permittees
shall review dust generation from
rubber grinding operations at their
facility and, as appropriate, install a
dust collection system.
M Zinc Stearate Coating
Operations—Permittees shall include in
the pollution prevention plan
appropriate measures to prevent and/or
clean up drips or spills of zinc stearate
slurry which may be released to the
storm drain. Alternate compounds to
zinc stearate shall also be considered.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations
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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.Y.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.Y.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.Y.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 Vn.G. (Signatory
Requirements) of this permit.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements.
During the period beginning [insert
date 1 year after permit issuance] lasting
through [insert date 2 years, after permit
issuance] and the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance], permittees
with rubber product manufacturing
facilities must monitor their storm water
discharges associated with industrial
activity at least quarterly (4 times per
year) during years 2 and 4 except as
provided in paragraphs 6.a.(3)
(Sampling Waiver), 6.a.(4)
(Representative Discharge), and 6.a.(5)
(Alternative Certification). Rubber
product manufacturing facilities are
required to monitor their storm water
discharges for the pollutants of concern
listed in Table Y-l below. Facilities
must report in accordance with 6.b.
(Reporting). In addition to the
parameters listed in Table Y-l 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
that 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.
TABLE Y-1—MONITORING
REQUIREMENTS
Pollutants of concern
Total Recoverable Zinc ...
Cut-off concentra-
tion
0.117mg/L
(1) Monitoring Periods. Rubber
product manufacturing facilities shall
monitor samples collected during the
sampling periods of: January through
March, April through June, July through
September, and October through
December for the years specified in
paragraph a. (above).
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event may
also be waived where the permittee
documents that less than a 72-hour
interval is representative for local storm
events during the season when sampling
is being conducted. The grab sample
shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Water.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 ./ Notices
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include weather
conditions that create dangerous
conditions for personnel (such as local
flooding, high winds, hurricanes,
tornadoes, electrical storms, etc.) or
otherwise make the collection of a
sample impracticable (drought,
extended frozen conditions, etc.).
(b) Low Concentration Waiver—When
.the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutant listed in Table
Y-l under the column Monitoring Cut-
Off Concentration, a facility may waive
monitoring and reporting requirements
in the monitoring period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance]. The facility
must submit to the Director, in lieu of
the monitoring data, a certification that
there has not been a significant change
in industrial activity or the pollution
prevention measures in area of the
facility that drains to the outfall for
which sampling was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to the
monitoring requirements of this section
provided die discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis, in lieu of
monitoring reports required under
paragraph b below, 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, or significant
materials, by-products^, industrial
machinery or operations, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph b below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
monitoring requirements associated
with effluent limitations.
(b) Reporting. Permittees with rubber
product manufacturing facilities shall
submit monitoring results for each
outfall associated with industrial
activity [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the reporting period
beginning [insert date 1 year after
permit issuance] lasting through [insert
date 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the following March [insert the date 2
years after permit issuance]. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Form(s) postmarked no later than the
31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications,shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph (b) (above), rubber product
manufacturing 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 (b) (above).
(c) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a representative storm
water discharge associated with
industrial from each outfall, except
discharges exempted below. The
examination must be made at least once
in each designated period [described in
(1), below] during daylight hours unless
there is insufficient rainfall or snow
melt to produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
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51241
analytical tests are required to be
performed on the samples. All such
samples shall he 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. Whenever practicable the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
(3) Visual examination reports must
bo maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the observation
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.
(5) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
tlio collection of samples include
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.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
Z. Storm. Water Discharges Associated
With Industrial Activity From Leather
Tanning and Finishing Facilities
1. Discharges Covered Under This
Section.
The requirements listed under this
section shall apply to storm water
discharges from the following activities:
leather tanning, currying and finishing
(commonly identified by Standard
Industrial Classification (SIC) code
3111). Discharges from facilities that
make fertilizer solely from leather
scraps and leather dust are also covered
under this section. When an industrial
facility, described by the above coverage
provisions of this section, has industrial
activities being conducted onsite that
meet the description(s) of industrial
activities in another section(s), that
industrial facility shall comply with any
and all applicable monitoring and
pollution prevention plan requirements
of the other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and Conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions
There are no special conditions for
this section beyond those in Part HI. of
this permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. 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 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 or, during periods of dry
weather, result in dry weather flows.
Each plan shall include, at a minimum:
(a) Drainage.
(i) 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 (including wetlands),
locations where significant materials are
exposed to precipitation, locations
where major spills or leaks identified
under Part XI.Z.3.a.(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, material storage
(including tanks or other vessels used
for liquid or waste storage), processing
and storage areas for activities
associated with beamhouse, tanyard,
retan-wet finishing and dry finishing
operations, and haul roads, access roads
and rail spurs. The site map must also
identify the location of all outfalls
covered by this permit and include an
inventory of the types of discharges
contained in each outfall.
(ii) 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 a
chemical; quantity of chemicals used,
produced or discharged; the likelihood
of contact with storm water; and history
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to \
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives. The description
must be updated whenever there is a
significant change in the types or
amounts of materials, or material
management practices, that may affect
the exposure of materials to storm
water.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under this permit.
Significant spills include but are not
limited to, releases of oil or hazardous
substances in excess of quantities that
are reportable under Section 311 of the
Clean Water Act (CWA) (see 40 CFR
110.10 and 40 CFR 117.21) or Section
102 of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) (see 40 CFR
302.4). Significant spills may also
include releases of oil or hazardous
substances that are not in excess of
reporting requirements and releases of
materials that are not classified as oil or
a hazardous substance. 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 potential
pollutant sources including but not
limited to the following activities:
loading and unloading operations;
outdoor storage activities, including but
not limited to: temporary or permanent
storage of fresh and brine cured hides,
chemical drums, bags, containers and
above ground tanks, leather dust, scraps,
trimmings and shavings, spent solvents,
extraneous hide substances and hair,
and empty chemical containers and
outdoor manufacturing or processing
activities; significant dust or particulate
generating processes including buffing;
vehicle maintenance, washing and
fueling and onsite 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, total suspended solids,
chromium, 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 water discharges in
a clean, orderly manner. The following
areas must be specifically addressed:
(i) Storage Areas for Raw,
Semiprocessed, or Finished Tannery By-
products—Pallets and/or bales of raw,
semiprocessed or finished tannery by-
products (e.g., splits, trimmings,
shavings, etc.) should be stored indoors
or protected by polyethylene wrapping,
tarpaulins, roofed storage area or other
suitable means. Materials should be
placed on an impermeable surface, the
area should be enclosed or bermed or
other equivalent measures should be
employed to prevent runon and runoff
of storm water.
(ii) Material Storage Areas—Label
storage units of all materials (e.g.,
specific chemicals, hazardous materials,
spent solvents, waste materials).
Maintain such containers and units in
good condition. Describe measures that
prevent or minimize contact with storm
water. The facility must consider indoor
storage, installation of berming and
diking around the area, and/or other
equivalent measures to prevent runon
and runoff of storm water.
(Hi) Buffing/Shaving Areas—The plan
must describe measures that prevent or
minimize contamination of the storm
water runoff with leather dust from
buffing/shaving areas. The facility may
consider dust collection enclosures,
preventive inspection/maintenance
programs or other appropriate
preventive measures.
(iv) Receiving, Unloading, and Storage
Areas—The plan must describe
measures that prevent or minimize
contamination of the storm water runoff
from receiving, unloading, and storage
areas. Exposed receiving, unloading and
storage areas for hides and chemical
supplies should be protected by a
suitable cover, diversion of drainage to
the process sewer, grade berming or
curbing area to prevent runon of storm
water or other appropriate preventive
measures. Materials must be plainly
labelled and maintained in good
condition.
(v) Outdoor Storage of Contaminated
Equipment—The plan must describe
measures that minimize contact of storm
water with contaminated equipment.
Equipment should be protected by
suitable cover, diversion of drainage to
the process sewer, thorough cleaning
prior to storage or other appropriate
preventive measures.
(vi) Waste Management—The plan
must describe measures that prevent
contamination of the storm water runoff
from waste storage areas. The facility
may consider inspection/maintenance
programs or other equivalent measures
for leaking containers or spills, covering
dumpsters, moving waste management
activities indoors, covering waste piles
with temporary covering material such
as tarpaulins or polyethylene, and
minimizing storm water runon by
enclosing the area or building berms
around the area.
(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
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51243
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—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility at least on a quarterly basis. The
following areas shall be included in all
inspections: leather processing areas,
storage areas for chemicals, including
but not limited to above ground tanks,
fueling areas, vehicle and equipment
maintenance areas, material storage
areas, loading and unloading areas,
waste management areas and other
potential sources of pollution for
evidence of actual or potential
discharges of contaminated storm water.
A sot of tracking or follow-up
procedures shall be used to ensure that
appropriate actions are taken in
response to the inspections and that the
pollution prevention plan is
appropriately modified. Records of
inspections shall be maintained as part
of the pollution prevention plan.
Qualified personnel are required to
conduct quarterly inspections of all Best
Management Practices (BMPs). The
inspections shall include an assessment
of tho effectiveness and need for
maintenance of storm water roofing and
covers, dikes and curbs, discharge
diversions, sediment control and
collection systems and all other BMPs.
Quarterly inspections must be made
at least once in each of the following
designated periods during daylight
hours: January through March (storm
water runoff or snow melt), April
through June (storm water runoff), July
through September (storm water runoff),
and October through December (snow
melt runoff). Records shall be
maintained as part of the pollution
prevention plan.
(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. The
pollution prevention plan shall identify
how often training will take place, but
in all cases, training must be held at
least annually. Employee training must,
at a minimum, address the following
areas when applicable to a facility:
general good housekeeping practices,
spill prevention and control, waste
management, inspections, preventive
maintenance, detection of non-storm
water discharges and other areas.
(fl Recordkeeping and Internal
Reporting Procedures—A description of
incidents (such as leaks, 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. The plan
must address spills, monitoring, and
BMP inspection and maintenance
activities. BMPs which were ineffective
must be reported and the date of their
corrective action recorded. Employees
must report incidents of leaking fluids
to facility management and these reports
must be incorporated into the plan.
! (g) Non-storm Water Discharges.
(i) 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 onsite drainage
points that were directly observed
dining the test. Certifications shall be
signed in accordance with Part VH.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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.Z.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed hi Part m.A.2 (Prohibition of 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.
(Hi) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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
paragraph XI.Z.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
equivalent 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),
snow management activities, infiltration
devices, and wet detention/retention
devices. In addition, the permittee must
describe the storm water pollutant
source area or activity (e.g., storage
areas, loading and unloading areas,
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above ground storage of chemicals) to be
controlled by each storm water
management practice.
The plan must consider management
practices, such as benns for uncovered
storage areas, uncovered loading and
unloading areas, above ground liquid
storage and waste management areas.
The installation of detention ponds
must also be considered.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.Z.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.Z.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than .12 weeks after
the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.Z.3.a.(4)(b) (above) of the permit shall
be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) The storm water pollution
prevention plan must describe the scope
and content of comprehensive site
inspections that qualified personnel will
conduct to (1) Confirm the accuracy of
the description of potential pollution
sources contained in the plan, (2)
determine the effectiveness of lie plan,
and (3) assess compliance with the
terms and conditions of the permit.
Comprehensive site compliance
evaluations must be conducted at least
once a year. The individual or
individuals who will conduct the
inspections must be identified in the
plan and should be members of the
pollution prevention team. Evaluation
reports must be retained for at least 3
years from the date of the evaluation.
(e) Where compliance evaluation
schedules overlap with inspections
required under XI.Z.3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations.
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
Requirements.
(a) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described in (1) below] during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January.
through March; April through June; July
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the
collection and examination of
discharges for entire permit term.
(3) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the observation
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(5) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricanes, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
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(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
AA. Storm Water Discharges Associated
With Industrial Activity From
Fabricated Metal Products Industry
1. Discharges Covered Under This
Section. The requirements listed under
this section shall apply to storm water
discharges associated with industrial
activity from the fabricated metals
industry listed below, except for
electrical related industries: fabricated
motal products, except machinery &
transportation equipment, SIC 34 (3429,
3441, 3442, 3443, 3444, 3451, 3452,
3462, 3471, 3479, 3494, 3496, 3499);
and Jewelry, silverware, and plated ware
(SIC Code 391).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other secUon(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions.
a. Prohibition of Non-storm Water
Discharges,
(1) This permit does not authorize the
discharge of process wastewater. Certain
non-storm discharges identified in Part
1H.A.2. are authorized under this permit.
3. Storm Water Pollution Prevention
Plan Requirements.
a. 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
aro 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 dry weather from separate storm
sewers draining the facility. Each plan
shall identify all industrial activities
and significant materials which may
potentially be significant pollutant
sources. Each plan shall specifically
identify the physical features of the
facility that may contribute to storm
water runoff. Each plan shall include, at
a minimum:
(a) Drainage
(i) A site map indicating the outfall
locations and types of discharges
contained in the drainage areas of the
outfalls, 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
IX.AA.3.a.(2)(c) (Spills and Leaks) of
this permit have occurred, and the
locations of the following activities
where such activities are exposed to
precipitation: raw metal storage areas,
finished metal storage areas, scrap
disposal collection sites, equipment
storage areas, retention and detention
basins, temporary diversion dikes or
berms, permanent diversion dikes or
berms, right-of-way or perimeter
diversion devices, any sediment traps or
barriers, 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 including outside
painting areas, wood preparation,
recycling and raw material storage.
(ii) For each area of the facilities 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. In addition, flows
with a significant potential for causing
erosion shall be identified such as heavy
equipment use areas, drainage from
roofs, parking lots, etc.
(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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under this permit.
Significant spills that should be
considered for the fabricated metals
industry include, but are not limited to,
chromium, toluene, pickle liquor,
sulfuric acid, zinc and other water
priority chemicals and hazardous
chemicals and wastes. 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 for paints, chemicals and raw
materials; outdoor storage activities for
raw materials, paints, empty containers,
corn cob, chemicals, scrap metals;
outdoor manufacturing or processing
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51246
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
activities such as grinding, cutting,
degreasing, buffing, brazing, etc;
significant dust or particulate generating
processes; and onsite waste disposal
practices for spent solvents, sludge,
pickling baths, shavings, ingots pieces,
refuse and waste piles. 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 or chemical oxygen
demand, chromium, total suspended
solids, oil and grease, 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 water discharges in
a clean, orderly manner. Permittees
should address the following areas in
the manner described.
(i) Raw Steel Handling Storage-
Include measures controlling or
recovering scrap metals, fines, and iron
dust, including measures for containing
materials within storage handling areas.
(ii) Paints and Painting Equipment-
Consider control measures to prevent or
minimize exposure of paint and
painting equipment from exposure to
storm water.
(b) Preventive Maintenance-—
Preventive maintenance measures shall
include 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 could contribute pollutants
to storm water discharges may 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. The
following areas should be addressed:
(i) Metal Fabricating Areas-Include
measures for maintaining clean, dry,
orderly conditions in these areas. Use of
dry clean-up techniques should be
considered in the plan.
(ii) Storage Areas for Raw Metal-
Include measures to keep these areas
free of conditions that could cause spills
or leakage of materials. Storage areas
should be maintained for easy access in
case spill clean up is necessary. Stored
materials should be able to be identified
correctly and quickly.
(Hi) Receiving, Unloading, and
Storage Areas-Include measures to
prevent spills and leaks; plan for quick
remedial clean up and instruct
employees on clean-up techniques and
procedures.
(iv) Storage of Equipment-Include
measures for preparing equipment for
storage and the proper method to store
equipment including protecting with
covers, storing indoors.-The plan should
include clean-up measures for
equipment that will be stored outdoors
to remove potential pollutants.
(v) Metal Working Fluid Storage
Areas-The plan should include
measures that identify controls
particularly for storage of metal working
fluids.
(vi) Cleaners and Rinse Water-The
plan should include measures to control
and cleanup spills of solvents and other
liquid cleaners; control sand buildup
and disbursement from sand-blasting
operations, prevent exposure of
recyclable wastes; and employ
substitute cleaners when possible.
(vii) Lubricating Oil and Hydraulic
Fluid Operations-Consider using
devices or monitoring equipment to
detect and control leaks and overflows,
including the installation of perimeter
controls such as dikes, curbs, grass filter
strips, or other equivalent measures.
(viii) Chemical Storage Areas-Identify
proper storage that prevents storm water
contamination and prevents accidental
spillage. The plan should include a
program to inspect containers, and
identify proper disposal and spill
controls.
(d) Inspections—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility at appropriate intervals specified
in the plan. Metal fabricators shall at a
minimum include the following areas
for inspection: raw metal storage areas,
finished product storage areas, material
and chemical storage areas, recycling
areas, loading and unloading areas,
equipment storage areas, paint areas,
fueling and maintenance areas, and
waste management areas. A set of
tracking or follow-up procedures shall
be used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
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. The
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
(i) 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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
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51247
accordance with paragraph.
XI.AA.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part m.A.2. (Prohibition of
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
components) of the discharge.
(id) Failure to Certify—tony facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting a
notice of intent 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.
(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. The plan shall
identify structural, vegetative, and/or
stabilization measures to be used to
limit erosion. These shall include but
not bo limited to grass swales, filter
strips, treatment works, or other
equivalent measures. Metal fabricators
must include in their plan measures to
minimize erosion related to the high
volume of traffic from heavy equipment
for delivery to and from the facility and
for equipment operating at the facility
on a daily basis such as forklifts, cranes,
etc.
(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
pollutantfs) 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 activities
under the SIC codes identified under
paragraph XI.AA.l. of this section 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),
snow management activities, infiltration
devices, and wet detention/retention
devices.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
least once a year. Such evaluations shall
include:
(a) Visual inspection of areas
contributing to a storm water discharge
for evidence of, or the potential for,
pollutants entering the drainage system.
Inspection shall address areas
associated with the storage of raw
metals, storage of spent solvents and
chemicals, outdoor paint areas, drainage
from roof, unloading and loading areas,
equipment storage areas, recycling
areas, and retention ponds (sludge).
Potential pollutants include chromium,
zinc, lubricating oil, solvents, f
aluminum, oil and grease, methyl ethyl
ketone, steel, and other related
materials. 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, such as detention basins and
channels, gutters or drains to direct
discharge flow, oil/water separators in
storm drains, containment structures,
concrete pads, 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
and containment drums, shall be made
to determine if the equipment is
functioning properly and that drums are
not in a corrosive or deteriorating state.
(b) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.AA.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph
XI.AA.3.a.(3) of this section (Measures
and Controls) shall be revised as
appropriate within 2 weeks of such
evaluation and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.AA.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
inspection. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations.
There are no additional numeric
effluent limitations beyond those
described in Part V.B. of this permit.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
beginning [insert date I year after
permit issuance] lasting through [insert
date 2 years after permit issuance] and
the period beginning [insert date 3 years
after permit issuance] lasting through
[insert date 4 years after permit
issuance], permittees with metal
fabricating facilities must monitor their
storm water discharges associated with
industrial activity at least quarterly (4
times per year) during years 2 and 4
except as provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification). Metal
fabricating facilities are required to
monitor their storm water discharges for
the pollutants of concern listed in
Tables AA-1 and AA-2 below. The
monitoring requirements are subdivided
into two classifications to determine
pollutants of concern: (1) fabricated
metal products except coating and (2)
fabricated metal coating and engraving.
Facilities must report in accordance
with 5.b. (Reporting). In addition to the
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parameters listed in Tables AA—1 and
AA—2 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 that 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.
TABLE AA-1 .—MONITORING REQUIRE-
MENTS FOR FABRICATED METAL
PRODUCTS EXCEPT COATING
Pollutants of concern
Total Recoverable Alu-
minum.
Total Recoverable Iron
Total Recoverable Zinc
Nitrate plus Nitrite Nitrogen
Monitoring cut-
off concentra-
tion
0.75 mg/L
1.0mg/L
0.117 mg/L
0.68 mg/L
TABLE AA-2.—MONITORING REQUIRE-
MENTS FOR FABRICATED METAL
COATING AND ENGRAVING
Pollutants of concern
Total Recoverable Zinc
Nitrate plus Nitrite Nitrogen
Monitoring cut-
off concentra-
tion
0.1 17 mg/L
0.068 mg/L
(1) Monitoring Periods. Metal
fabricating facilities shall monitor
samples collected during the sampling
periods of: January through March,
April through June, July through
September, and October through
December for the years specified in
paragraph a. (above). :
(2) Sample Type. A minimum of one
grab sample shall be taken. 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 required 72-hour storm event
interval is waived where the preceding
measurable storm event did not result in
a measurable discharge from the facility.
The required 72-hour storm event
interval may also be waived where the
permittee documents that less than a 72-
hour interval is representative for local
storm events during the season when
sampling is being conducted. The grab
sample shall be taken during the first 30
minutes of the discharge. If the
collection of a grab sample during the
first 30 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 30
minutes was impracticable. If storm
water discharges associated with
industrial activity commingle with
process or nonprocess water, then
where practicable permittees must
attempt to sample the storm water
discharge before it mixes with the non-
storm water discharge.
(3) Sampling Waiver
(a) Adverse Conditions—When a
discharger is unable to collect samples
within a specified sampling period due
to adverse climatic conditions, the
discharger shall collect a substitute
sample from a separate qualifying event
in the next period and submit the data
along with data for the routine sample
in that period. Adverse weather
conditions that may prohibit the
collection of samples include 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.).
(b) Low Concentration Waiver—When
the average concentration for a pollutant
calculated from all monitoring data
collected from an outfall during the
monitoring period [insert date 1 year
after permit issuance] lasting through
[insert date 2 years after permit
issuance] is less than the corresponding
value for that pollutants listed in Tables
AA—1 and AA—2 under the column
Monitoring Cut-off Concentration, a
facility may waive monitoring and
reporting requirements in the
monitoring period beginning [insert date
3 years after permit issuance] lasting
through [insert date 4 years after permit
issuance]. The facility must submit to
the Director, in lieu of the monitoring
data, a certification that there has not
been a significant change in industrial
activity or the pollution prevention
measures in areas of the facility which
drain to the outfall for which sampling
was waived.
(c) When a discharger is unable to
conduct quarterly chemical storm water
sampling at an inactive and unstaffed
site, the operator of the facility may
exercise a waiver of the monitoring
requirements as long as the facility
remains inactive and unstaffed. The
facility must submit to the Director, in
lieu of monitoring data, a certification
statement on the DMR stating that the
site is inactive and unstaffed so that
collecting a sample during a qualifying
event is not possible.
(4) 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
outfall(s) provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explains 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. The permittee
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.
(5) Alternative Certification. A
discharger is not subject to ,the
monitoring requirements of this section
provided the discharger makes a
certification for a given outfall or on a
pollutant-by-pollutant basis in lieu of
monitoring reports required under
paragraph b below, 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, or significant
materials from past industrial activity
that are located in areas of the facility
within the drainage area of the outfall
are not presently exposed to storm water
and are not expected to 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.C. of this
permit. In the case of certifying that a
pollutant is not present, the permittee
must submit the certification along with
the monitoring reports required under
paragraph (b) below. If the permittee
cannot certify for an entire period, they
must submit the date exposure was
eliminated and any monitoring required
up until that date. This certification
option is not applicable to compliance
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51249
monitoring requirements associated
with effluent limitations.
b. Reporting. Permittees with metal
fabricating and engraving facilities shall
submit monitoring results for each
outfall associated with industrial
activity [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the reporting period
beginning [insert date 1 year after
Sennit issuance] lasting through [insert
ate 2 years after permit issuance] on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
tho following March [insert the date 2
years after permit issuance]. Monitoring
results (or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
[insert date 3 years after permit
issuance] lasting through [insert date 4
years after permit issuance] shall be
submitted on Discharge Monitoring
Report Form(s) postmarked no later than
tho 31st day of the following March. For
each outfall, one signed Discharge
Monitoring Report form must be
submitted to the Director per storm
event sampled. Signed copies of
Discharge Monitoring Reports, or said
certifications, shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office listed in Part VI.G. of the fact
sheet.
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph b (above), metal fabricating
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 b
(above).
c. Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
bo made at least once in each designated
period [described in paragraph (2)
below] during daylight hours unless
there is insufficient rainfall or snow
melt to produce a runoff event.
(1) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snowmelt: January
through March; April through June; July
through September; and October
through December.
(2) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed 1 hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out, the
collection and examination of
discharges for the entire permit term.
(3) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(4) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
data also applies to the substantially
identical outfall(s) provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explains 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.
(5) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examinations. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(6) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
AB. Storm Water Discharges Associated
With Industrial Activity From Facilities
That Manufacture Transportation
Equipment, Industrial, or Commercial
Machinery
1. Discharges Covered Under This
Section
a. The requirements listed under this
section shall apply to storm water
discharges associated with
transportation equipment, industrial or
commercial machinery manufacturing
facilities (commonly described by SIC
Major Group 35 except SIC 357, and SIC
Major Group 37, except SIC 373).
Common activities include: industrial
plant yards; material handling sites;
refuse sites; sites used for application or
disposal of process wasfewaters; sites
used for storage and maintenance of
material handling equipment; sites used
for residual treatment, storage, or
disposal; shipping and receiving areas;
manufacturing buildings; storage areas
for raw material 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.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
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applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for •
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
2. Prohibition of Non-storm Water
Discharges. There are no additional
requirements other than those in Part III.
of the permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. Contents of Plan. The plan shall
include, at a minimum, the following
items:
(1) Pollution Prevention Team. Each
plan shall identify the 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 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
(i) A site map indicating the pattern
of storm water drainage, existing
structural control measures to reduce
pollutants in storm water runoff, surface
water bodies, locations where
significant materials are exposed to
precipitation, and locations where major
spills or leaks identified under Part
XI.AB.3.a.(2)(c) (Spills and Leaks) of
this permit have occurred since 3 years
prior to the date of the submission of a
Notice of Intent (NOI) to be covered
under this permit. The map must also
indicate the locations of all industrial
activities that are exposed to
precipitation, including, but not limited
to: loading/unloading areas; waste
treatment; storage and disposal
locations; liquid storage tanks; vents
and stacks from metal processing and
similar operations; significant dust or
particulate generating areas; and any
other processing and storage areas
exposed to storm water. The map must
indicate the outfall locations and the
types of discharges contained in the
drainage areas of the outfalls.
(U) For each area of the facility that
generates storm water discharges
associated with industrial activity with
a reasonable potential for contacting
significant amounts of pollutants, a
prediction of the direction of flow, and
an identification of the types of
pollutants that are likely to present in
storm water discharges associated with
industrial activity must be identified.
Factors to consider include the toxicity
of a chemical; quantity of chemicals
used, produced, or discharged; the
likelihood of contract 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time o£3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under this permit.
Significant spills include, but are not
limited to, releases of oil or hazardous
substances in excess of quantities that
are repbrtable under Section 311 of
CWA (see 40 CFR 110.10 and 117.21) or
Section 102 of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) (see 40 CFR
302.4). Significant spills may also
include releases of oil or hazardous
substances that are not excess of
reporting requirements and releases of
materials that are not classified as oil or
hazardous substance. 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) Bisk 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;
significant dust or particulate generating
processing activities; and onsite waste
disposal. 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., oil and grease,
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. Areas where
good housekeeping practices should be
implemented are storage areas for raw
materials, waste materials and finished
products; loading/unloading areas; and
waste disposal areas for hazardous and
nonhazardous wastes. Examples of good
housekeeping measures include
sweeping; labelling drums containing
hazardous materials; and preventive
monitoring practices (e.g., routine
observation of manufacturing processes)
or equivalent measures.
(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
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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. Areas
to be identified should include loading/
unloading areas, outdoor storage areas,
and waste management areas exposed to
storm water. 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
bo 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—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility on a periodic basis. At a
minimum, the following areas, where
the potential for exposure to storm
water exists, must be inspected on a
regularly scheduled basis: loading and
unloading areas for all significant
materials; storage areas, including
associated containment areas; waste
management units; and vents and stacks
from industrial activities. For any
problems identified during inspections,
the plan shall be revised to include
measures to address these problems. A
sot of tracking or follow-up procedures
shall be used to ensure that appropriate
actions are taken in response to the
inspections. Records of inspections
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,
material management practices,
unloading/loading practices, outdoor
storage areas, waste management
practices, proper handling procedures of
hazardous waste, and improper
connections to the storm sewer. At a
minimum, this training should be
provided annually. The pollution
prevention plan shall identify
frequencies and approximate dates for
such training.
(fl 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. Ineffective
BMPs should be reported and the date
of their corrective actions noted.
(g) Non-storm Water Discharges
(i) The plan shall include a
certification that the discharge has been
tested or evaluated for the presence of
non-storm water discharges as identified
in Part IH.A.2. of this permit. 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 onsite 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 XI.AB.3.a.(3)(g)(iv)
(Failure to Certify) of this permit.
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III. A. (Prohibition of 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.
(iii) If the facility discharges
wastewater, other than storm water via
an existing NPDES permit, a copy of the
NPDES permit authorizing the discharge
must be attached to the plan. Similarly,
if the facility submitted an application
for an NPDES permit for non-storm
water discharges, but has not yet
received that permit, a copy of the
permit application must be attached.
Upon issuance or reissuance of an
NPDES permit, the facility must modify
its plan to include a copy of that permit.
For facilities that discharge wastewater,
other than solely domestic wastewater,
to a Publicly Owned Treatment Works
(POTW), the facility must notify the
POTW of its discharge. Proof of this
notification should be attached to the
plan in the form of either (1) a copy of
the permit issued by the treatment plant
to the facility or (2) a copy of a
notification letter to the POTW.
Notification should identify, in general,
the types of wastewater discharged to
the POTW, including any storm water
discharges. In any of these cases,
specific permit conditions must be
considered in the plan.
(iv) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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
paragraph XI.AB.3.a.(2) (Description of
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51252 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
Potential Pollutant Sources) of this
permit) shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
other equivalent 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),
snow management activities, infiltration
devices, and wet detention/retention
devices. In addition, the permittee must
describe the storm water pollutant
source area or activity (storage areas,
loading/unloading) to be contrtolled by
each storm water management practice.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but 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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with Part XI.AB.3.a.(2)
(Description of Potential Pollutant
Sources) of this permit and pollution
prevention measures and controls
identified in the plan in accordance
with paragraph XLAB.3.a.(3) (Measures
and Controls) of this permit shall be
revised as appropriate within 2 weeks of
such evaluation and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than 12 weeks after the evaluation.
(c) A report summarizing the scope of
the evaluation, 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
XI.AB.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years after the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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 compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations.
There are no additional numeric
limitations beyond those described in
Part V.B of this permit.
5. Monitoring and Reporting
Requirements.
. a. Monitoring Requirements.
(1) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described hi (a), below] during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(a) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(b) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Where practicable the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
(c) When a discharger is unable to
collect samples over the course of the
visual examination period as a result of
adverse climatic conditions, the
discharger must document the reason
for not performing the visual
examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(d) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the^ monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
(e) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(f) 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 collect a
sample of effluent of one of such
outfalls and report that the examination
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.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51253
AC, Storm Water Discharges Associated
With Industrial Activity From Facilities
That Manufacture Electronic and
Electrical Equipment and Components,
Photographic and Optical Goods
1. Discharges Covered Under This
Section. The requirements listed under
this section shall apply to all storm
water discharges associated with
industrial activity from facilities that
manufacture: electronic and other
electrical equipment and components,
except computer equipment (SIC major
group 36); measuring, analyzing, and
controlling instruments; photographic,
medical and optical goods; watches and
clocks (SIC major group 38) and
computer and office equipment (SIC
code 357).
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted onsite that meet the
description(s) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section(s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multi-sector permit are additive for
industrial activities being conducted at
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan scctlon(s) of this permit (if any) are
applicable to the facility.
2. Special Conditions.
a. Prohibition of Non-storm Water
Discharges. Other than as provided in
use this Section in.A. of this permit,
non-storm water discharges are not
authorized by this permit.
3. Storm Water Pollution Prevention
Plan Requirements.
a. 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 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
(i) 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
XLAC.3.a.(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. The map must indicate the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls.
(ii) 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 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills 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 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under 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 onsite 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 water 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/
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51254 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
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 paragraph
XI.AC.3.a.(4) of this section, 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 follow-up procedures shall be used to
ensure that appropriate actions are .
taken in response to the inspections.
Records of inspections 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. The
pollution prevention plan shall identify
periodic dates for such training.
ff) 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
(i) 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 onsite 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
_b_e 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 prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources 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 paragraph
XI.AC.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part HI.A.2 (Prohibition of 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.
(Ui) Failure to Certify—Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director by [Insert date 270 days after
permit issuance] or, for facilities which
begin to discharge storm water
associated with industrial activity after
[Insert date 270 days after permit
issuance], 180 days after submitting an
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.
(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
paragraph XLAC.3.a.(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
equivalent 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),
snow management activities, infiltration
devices, and wet detention/retention
devices.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations
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
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.AC.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51255
accordance with paragraph XI.AC.3.a.(3)
of this section (Measures and Controls)
shall ho revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
tho evaluation.
(c) A report summarizing the scope of
tho inspection, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken hi accordance with paragraph
XI.AC.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, 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.
(a) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation maybe
conducted in place of one such
inspection.
4. Numeric Effluent Limitations.
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
Requirements
a. Monitoring Requirements
(1) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described in (a), below] during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(a) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April through June; July
through September; and October
through December.
(b) Examinations shall be made of
samples collected within the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. 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. Whenever practicable the same
individual will carry out the collection
and examination of discharges for the
life of the permit.
(c) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(d) 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 collect a
sample of effluent of one of such
outfalls and report that the observation
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.
(e) When a discharger is unable to
collect samples over the course of the
monitoring period as a result of adverse
climatic conditions, the discharger must
document the reason for not performing
the visual examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
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.).
(f) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
XII. Coverage Under This Permit
Region III
A. Federal Facilities in the District of
Columbia (DCR05*##F)
District of Columbia 401 certification
special permit conditions revise the
permit as follows:
1. Part IV section B is amended by the
addition of the following:
Part IV. Storm Water Pollution Prevention
Plans
B. Signature and Plan Review
* * * * *
4. Review and Approval by Department of
Consumer and Regulatory Affairs
A copy of all storm water pollution
prevention plans required under the permit
shall be submitted to the District of
Columbia's Department of Consumer and
Regulatory Affairs, Environmental Regulation
Administration, for review and approval.
2. Part IV section E is amended by the
addition of the following:
Part IV. Storm Water Pollution Prevention
Plans
E. Special Pollution Prevention Plan
Requiremen ts
*****
5. Nitrogen, Phosphorus, Fertilizer,
Pesticides and Urea Loadings and Usages
Permittees shall include in the storm water
pollution prevention plan current nitrogen
and phosphorus loads, current fertilizer
usage, current exterior pesticide usage, and
current urea for deicing usage.
6. Storm Water and Ground Water Diversions
to Sanitary Sewers
Permittees shall include in the storm water
pollution prevention plan the volume of any
storm water diverted to the sanitary sewer
from roof leaders or other connections and
the volume any ground water diverted to the
sanitary sewer.
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51256 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /Notices
7. Proposed Reductions in Nutrient and
Pesticide Loads
Permittees shall include in the storm water
pollution prevention plan the proposed
reductions in nutrient and pesticides loads in
accordance with the Chesapeake Bay
Restoration goals.
8. Animal Waste Management Plans
Any permittee that manages significant
quantities of animals or animal wastes, shall
provide in the storm water pollution
prevention plan an accounting of these
animal wastes, and nutrient control measures
for avoiding, reducing, or eliminating runoff
of these animal wastes.
B. District of Columbia (DCR05*m)
District of Columbia 401 certification
special permit conditions revise the
permit as follows:
1. Part IV section B is amended by the
addition of the following:
Part IV. Storm Water Pollution Prevention
Plans
B. Signature and Plan Review
*****
4. Review and Approval by Department of
Consumer and Regulatory Affairs
A copy of all storm water management
plans required under the permit shall be
submitted to the District of Columbia's
Department of Consumer and Regulatory
Affairs, Environmental Regulation
Administration, for review and approval.
Region VI
C. Louisiana (LAR05 *###)
Louisiana 401 certification and
Coastal Zone special permit conditions
revise the permit as follows:
1. Part I section B. is amended by the
addition of the following:
Part I. Coverage Under This Permit
B. Eligibility
*****
8. Discharges Subject to Louisiana Coastal
Zone Management Program
Facilities whose activities occur in, or have
an effect on, the designated coastal zone of
Louisiana, shall have obtained an individual
coastal zone consistency concurrence,
permit, or waiver from the Coastal
Management Division of the Louisiana
Department of Natural Resources (in
accordance with the Louisiana Coastal Zone
Management Program LRS 49:214). Facilities
wishing to obtain a description of the areas
designated by the State of Louisiana as the
"coastal zone" should request that
information by writing to: State of Louisiana,
Department of Natural Resources, Coastal
Zone Management Division, P.O. Box 44487,
Baton Rouge, Louisiana 70804-4487.
2. The following section is added to
Part V of the Permit:
Part V. Numeric Effluent Limitations
*****
c. Limitations for all discharges of
storm water associated with industrial
activity.
(1) General Limitations: Effective [insert
effective date of permit].
Parameter
Total Organic Carbon (TOG)
Oil & Grease
Daily
maximum
50 mg/l
15 mg/l
(2) Oil & Gas Exploration and Production
Facilities: Effective on effective date of
permit.
Parameter
Chemical Oxygen Demand (COD)
Total Organic Carbon (TOC)
Oil & Grease
Daily
maximum
100 mg/l
50 mg/l
15 mg/l
Chlorides:
(a) Maximum chloride concentration of the
discharge shall not exceed two tunes the
ambient concentration of the receiving water
in brackish marsh areas.
(b) Maximum chloride concentration of the
discharge shall not exceed 500 mg/l 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.
* * * * *
3. 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 olneyfj, 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 (Alternanthera philoxeroides),
and bulltongue (Sagittaria sp.). Interstitial
water salinity is normally less than 2 parts
per thousand. (LAC 33:LX.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
califomicus), 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 (Salicorriia
sp.), black rush (Juncus 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)
D. New Mexico (NMR05*###)
New Mexico 401 certification special
permit conditions revise the permit as
follows:
1. Part VLB of the permit is revised to
read:
Part VI. Monitoring and Reporting
Requirements
*****
B. Reporting: Whereto Submit.
*****
3. Location. Signed copies of discharge
monitoring reports required under Parts XI.
and VI.C., individual permit applications,
and all other reports required herein, shall be
submitted to the appropriate state office
address:
New Mexico
Program Manager, Point Source Regulation
Section, Surface Water Quality Bureau,
New Mexico Environment Department,
1190 St. Francis Drive, Santa Fe, New
Mexico 87504-0968
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51257
2. Part XI of the permit is revised to
include tho following additional monitoring
for tho industrial sectors indicated:
PartXI.
A. Stonn Water Discharges Associated With
Industrial Activity From Timber Products
Facilities
*****
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Tables A-l.2,3,4 the following
facilities shall conduct monitoring of the
additional parameters indicated and the data
reported to the New Mexico State Program.
Manager at the address ahove (Part VLB). A
copy of tho data shall be kept with the
Pollution Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on tho data one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
tho 31st day of tho following March.
(1) Sawmill & planing facilities: shall monitor
Biochemical Oxygen Demand (BOD),
Nitrate + Nitrite (NOj+NO2), Ammonia
(NH3) and Total Kjeldahl Nitrogen
(TKN);
(2) Wood preserving facilities: shall monitor
Total Suspended Solids (TSS),
NOi+NOj, NHj and TKN;
(3) Log storage & handling facilities: shall
monitor Chemical Oxygen Demand
(COD), NOi+NOj, NHj and TKN;
(4) Other wood products: shall monitor BOD,
NOj+NOz, TKN, NHj and oil & grease.
*****
B. Storm Water Discharges Associated With
Industrial Activity From Paper And Allied
Products Manufacturing Facilities
*****
5. Monitoring and Reporting Requirements
(«)*** In addition to the parameters
listed in Table B-l the following facilities
shall conduct monitoring of the additional
parameters indicated and the data reported to
tho Now Mexico State Program Manager at
tho address above (Part VI.B). A copy of the
data shall bo kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
tho 31st day of the following March.
(1) Paporboard mills: shall monitor TSS,
BOD, NOj+NOa, and TKN;
(2) Paperboard containers & boxes: shall
monitor COD, NO3+NO2, Nffc, and TKN;
(3) Converted paper & paperboard products:
shall monitor COD, NO3+NO2r NH3, and
TKN.
C. Storm Water Discharges Associated With
Industrial Activity From Chemical and Allied
Products Manufacturing Facilities
* *__ * ) *. *
6. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Tables C-2,3,4,5 the following
facilities shall conduct monitoring of the
additional parameters indicated and the data
reported to the New Mexico State Program
Manager at the address above (Part VI.B). A
copy of the data shall be kept with the
Pollution Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
(1) Agricultural chemical: shall monitor total
mercury (Hg), TSS, NH3, and TKN;
(2) Inorganic chemical: shall monitor total
Hg,NH3,andTKN;
(3) Detergents, cosmetics & perfumes: shall
monitor COD, TKN, NH3, and TSS;
(4) Paints, varnishes, enamels & allied
products: shall monitor TSS, NH3,
NO3+NO2, and TKN.
(5) Plastics, synthetics, and resins: shall
monitor total Hg, NO3+NO2, NH3, and
TKN.
D. Storm Water Discharges Associated With
Industrial Activity From Asphalt Paving and
Roofing Materials and Lubricant
Manufacturers
*****
5. Monitoring and Reporting Requirements.
(a) * * * In addition to the parameters
listed in Table D-l the following facilities ,
shall conduct monitoring of the additional
parameters indicated and the data reported to
the New Mexico State Program Manager at
the address above (Part VI.B). A copy of the
data shall be kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
Asphalt paving & roofing materials: shall
monitor COD, NO3+NO2, NH3, and TKN.
E. Storm Water Discharges Associated With
Industrial Activity From Glass, Clay, Cement,
Concrete, Gypsum Product Manufacturing
Facilities
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Tables E-1,2 the following facilities
shall conduct monitoring of the additional
parameters indicated and the data reported to
the New Mexico State Program Manager at
the address above (Part VI.B). A copy of the
data shall be kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
(1) Clay product manufactures: shall monitor
TSS;
(2) Concrete & gypsum product
manufactures: shall monitor TKN, NH3,
and NO3+NO2;
(3) Flat glass, glass & glassware, pressed or
blown glass products: shall monitor
TKN, NH3, and NO3+NO2.
F. Storm Water Discharges Associated With
Industrial Activity From Primary Metals
Facilities.
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Tables F-l, 2, 3,4 the following
facilities shall conduct monitoring of the
additional parameters indicated and the data
reported to the New Mexico State Program
Manager at the address above (Part VI.B). A
copy of the data shall be kept with the
Pollution Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
(1) Steel works: shall monitor total Hg, TKN,
NO3+NO2, NH3, and TSS;
(2) Iron & steel foundries: shall monitor total
Hg, COD, NO3+NO2> NH3, and TKN;
(3) Rolling, drawing & extruding—non-
ferrous: shall monitor total Hg,
NO3+NO2, NH3, and TKN;
(4) Non-ferrous foundries: shall monitor total
Hg, TSS, NO3+NO2, NH3, and TKN.
G. Storm Water Discharges Associated With
Industrial Activity From Metal Mining (Ore
Mining and Dressing) Facilities
*****
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table G-l the following facilities
shall conduct monitoring of the additional
parameters indicated and the data reported to
the New Mexico State Program Manager at
the address above (Part VI.B). A copy of the
data shall be kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
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51258
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
All metal mining facilities shall monitor
for COD, TSS, NOj+NCk, TKN, NH3, total Hg;
in addition, all permittees in the SIC code for
metals mining shall monitor for any heavy
metal which the permittee has reason to
believe may be present in storm water runoff
from the mining facility.
/. Storm Water Discharges Associated With
Industrial Activity From Oil and Gas
Extraction Facilities
5. Monitoring and Reporting Requirements
(a) All facilities in this sector shall conduct
analytical monitoring for oil and grease; total
phosphorus; and total suspended solids
(TSS). The data shall be reported to the New
Mexico State Program Manager at the address
above (Part VLB). A copy of the data shall be
kept with the Pollution Prevention Plan.
Monitoring for the additional parameters
indicated shall be conducted at least
quarterly (4 times per year) in the second and
fourth year of the permit. The first period of
monitoring to begin on the date one year
following the date of issuance of this permit.
Each year of monitoring (four quarters) shall
be reported no later than the following
March. The report to NMED shall be
postmarked no later that the 31st day of the
following March.
/. Storm Water Discharges Associated With
Industrial Activity From Mineral Mining and
Processing Facilities
****.* •
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table J-l the following facilities
shall conduct monitoring of the additional
parameters indicated and the data reported to
the New Mexico State Program Manager at
the address above (Part VLB). A copy of the
data shall be kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
Sand & gravel mining facilities: shall monitor
TKNandNHj.
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table K-l all facilities shall monitor
TKN, NO3+NO2, and TSS and the data
reported to the New Mexico State Program
Manager at the address above (Part VLB). A
copy of the data shall be kept with the
Pollution Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
L. Storm Water Discharges Associated With
Industrial Activity From LandFills and Land
Application Sites
5. Monitoring and Reporting Requirements.
(a) * * * In addition to the parameters
listed in Table L-l all facilities shall monitor
TKN, NH3, and NO3+NO2 and the data
reported to the New Mexico State Program
Manager at the address above (Part VLB). A
copy of the data shall be kept with the
Pollution Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
M. Storm Water Discharges Associated With
Industrial Activity From Automobile Salvage
Yards
K. Storm Water Discharges Associated With
Industrial Activity From Hazardous Waste
Treatment, Storage, or Disposal Facilities
4. Monitoring and Reporting Requirements.
(a) * * * In addition to the parameters
listed in Table M-l all facilities shall
monitor oil & grease, NO3+NO2, NH3, and
TKN and the data reported to the New
Mexico State Program Manager at the address
above (Part VLB). A copy of the data shall be
kept with the Pollution Prevention Plan.
Monitoring for the additional parameters
indicated shall be conducted at least
quarterly (4 times per year) in the second and
fourth year of the permit. The first period of
monitoring to begin on the date one year
following the date of issuance of this permit.
Each year of monitoring (four quarters) shall
be reported no later than the following
March. The report to NMED shall be
postmarked no later that the 31st day of the
following March.
N. Storm Water Discharges Associated With
Industrial Activity From Scrap Recycling and
Waste Recycling Facilities
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table N-l all facilities shall monitor
oil & grease, NO3+NO2, NH3, and TKN and
the data reported to the New Mexico State
Program Manager at the address above (Part
VLB). A copy of the data shall be kept with
the Pollution Prevention Plan. Monitoring for
the additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
O. Storm Water Discharges Associated With
Industrial Activity From Steam Electric
Power Generating Facilities, Including Coal
Handling Areas
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table O-l all facilities shall monitor
TSS, NO3+NO2, TKN, NH3, and total Zinc
(Zn) and the data reported to the New Mexico
State Program Manager at the address above
(Part VLB). A copy of the data shall be kept
with the Pollution Prevention Plan.
Monitoring for the additional parameters
indicated shall be conducted at least
quarterly (4 times per year) in the second and
fourth year of the permit. The first period of
monitoring to begin on the date one year
following the date of issuance of this permit.
Each year of monitoring (four quarters) shall
be reported no later than the following
March. The report to NMED shall be
postmarked no later that the 31st day of the
following March.
P. Storm Water Discharges Associated With
Industrial Activity From Motor Freight
Transportation Facilities, Petroleum Bulk Oil
Stations and Terminals, Rail Transportation
Facilities, and United States Postal Service
Transportation Facilities
4. Monitoring and Reporting Requirements
(a) The following facilities shall conduct
analytical monitoring of the parameters
indicated and the data reported to the New
Mexico State Program Manager at the address
above (Part VLB). A copy of the data shall be
kept with the Pollution Prevention Plan.
Monitoring for the additional parameters
indicated shall be conducted at least
quarterly (4 times per year) in the second and
fourth year of the permit. The first period of
monitoring to begin on the date one year
following the date of issuance of this permit.
Each year of monitoring (four quarters) shall
be reported no later than the following
March. The report to NMED shall be
postmarked no later that the 31st day of the
following March.
(1) Railroad transportation: shall monitor
COD, NOa+NOz, TKN, NH3, TSS, total
Zn, and oil & grease;
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51259
(2) Local & highway passenger transportation:
shall monitor NOj+NCb, NHs, oil &
grease, TSS, and TKN;
(3) Motor freight transportation &
warehousing: shall monitor NOj+NCb,
NHj, TSS, total Zn, TKN, and oil &
grease;
(4) U.S. Postal Service: shall monitor total
Zn;
(5) Petroleum bulk stations: shall monitor
TKN, NOj+NOi, NH3, and TSS.
*****
Q. Storm Water Discharges Associated With
Industrial Activity From Water
Transportation Facilities That Have Vehicle
Maintenance Shops and/or Equipment
Cleaning Operations
*****
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table Q-l all facilities shall monitor
TSS, NOj+NOz, NHa, and TKN and the data
reported to the New Mexico State Program
Manager at the address above (Part VLB.)- A
copy of tho data shall be kept with the
Pollution Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the data one year following the date
of issuance of this permit Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
*****
S. Storm Water Discharges Associated With
Industrial Activity From Vehicle
Maintenance Areas, Equipment Cleaning
Areas, or Deicing Areas Located at Air
Transportation Facilities
*****
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table S-l the following facilities
shall conduct monitoring of the additional
parameters indicated and the data reported to
tho Now Mexico State Program Manager at
the address above (Part VI.B.). A copy of the
data shall bo kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in tha second and fourth year of the
permit. Tho first period of monitoring to
begin on tho date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
(1) Vehicle maintenance and/or cleaning
areas: shall monitor oil & grease, COD, TSS;
*****
(b) Quarterly Visual Examination of Storm
Water Quality. Storm water discharge from
vehicle maintenance, cleaning or deicing
areas shall be visually examined once each
quarter as specified below. These facilities
shall perform and document a visual
examination of a storm water discharge
associated with industrial activity from each
outfall, except discharges exempted below.
The examination(s) must be made at least.
once in each of the following 3-month
periods: January through March, April
through June, July through September, and
October through December. The examination
shall be made during daylight hours unless
there is insufficient rainfall or snow melt to
produce a runoff event.
(1) Examinations shall be made of samples
collected within the first 30 minutes (or as
soon thereafter as practical, but not to exceed
1 hour) of when the runoff or snow melt
begins discharging. The examination shall
document observations of color, odor, clarity,
floating solids, settled solids, suspended
solids, foam, oil sheen, and other obvious
indicators of storm water pollution. The
examination must be conducted in a well lit
area. No analytical tests are required to be
performed on the samples. 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. Where practicable, the same
individual should carry out the collection
and examination of discharges for the entire
permit term.
(2) Visual examination reports must be
maintained onsite in the pollution
prevention plan. The report shall include the
examination date and time, examination
personnel, the nature of the discharge (i.e.,
runoff or snow melt), visual quality of the
storm water discharge (including
observations of color, odor, clarity, floating
solids, settled solids, suspended solids, foam,
oil sheen, and other obvious indicators of
storm water pollution), and probable sources.
of any observed storm water contamination.
(3) 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 collect
a sample of effluent of one of such outfalls
and report that the examination data also
applies to the substantially identical
outfall(s) provided that the permittee
includes in the storm water pollution
r prevention plan a description of the location
of the outfalls and explains 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.
(4) When a discharger is unable to collect
samples over the course of the visual
examination period as a result of adverse
climatic conditions, the discharger must
document the reason for not performing the
visual examination and retain this
documentation onsite with the records of the
visual examinations. Adverse weather
conditions that may prohibit the collection of
samples include 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.).
(5) When a discharger is unable to conduct
visual storm water examinations at an
inactive and unstaffed site, the operator of
the facility may exercise a waiver of the
monitoring requirement as long as the facility
remains inactive and unstaffed. The facility
must maintain a certification with the
pollution prevention plan stating that the site
is inactive and unstaffed so that performing
visual examinations during a qualifying
event is not feasible.
T. Storm Water Discharges Associated With
Industrial Activity From Treatment Works.
*****
5. Monitoring and Reporting Requirements
(a) * * * In addition to the visual
monitoring, all facilities shall conduct
analytical monitoring of BOD, NO3+NO2,
TKN, NH3, TSS, and fecal coliform, and the
data reported to the New Mexico State
Program Manager at the address above (Part
VI.B). A copy of the data shall be kept with
the Pollution Prevention Plan. Monitoring for
the additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
*****
U. Storm Water Discharges Associated With
Industrial Activity From Food and Kindred
Products Facilities
* * * * *
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table U-1,2 the following facilities
shall conduct monitoring of the additional
parameters indicated and the data reported to
the New Mexico State Program Manager at
the address above (Part VI.B). A copy of the
data shall be kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
(1) Grain mill products: shall monitor COD,
total Zn, TKN, NO3+NO2, NH3, and total
phosphorus;
(2) Fats and oils products: shall monitor TKN
and NH3;
(3) Dairy products: shall monitor BOD, COD,
NO3+NO2, TKN, NH3, and TSS;
(4) Meat products: shall monitor NO3+NO2,
TKN, and TSS;
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
(5) Canned, frozen & preserved fruits: shall
monitor NO3+NO2, NH3> COD, and TKN;
(6) Bakery products: shall monitor TKN,
NO3+NO2, NH3, and TSS;
(7) Beverage facilities: shall monitor total Zn;
(8) Miscellaneous: shall monitor TKN,
NO3+NO2, NH3, and TSS.
W. Storm Water Discharges Associated With
Industrial Activity From Wood and Metal
Furniture and Fixture Manufacturing
Facilities
5. Monitoring and Reporting Requirements
(a) All facilities shall conduct analytical
monitoring of NO3+NO2, TKN, NH3, TSS and
total Zn, and the data reported to the New
Mexico State Program Manager at the address
above (Part VLB). A copy of the data shall be
kept with the Pollution Prevention Plan.
Monitoring for the additional parameters
indicated shall be conducted at least
quarterly (4 times per year) in the second and
fourth year of the permit. The first period of
monitoring to begin on the date one year
following the date of issuance of this permit.
Each year of monitoring (four quarters) shall
be reported no later than the following
March. The report to NMED shall be
postmarked no later that the 31st day of the
following March.
Y. Storm Water Discharges Associated With
Industrial Activity From Rubber,
Miscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries
* * * * *
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table Y-l the following facilities
shall conduct monitoring of the additional
parameters indicated and the data reported to
the New Mexico State Program Manager at
the address above (Part VLB). A copy of the
data shall be kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
(1) Rubber products manufacturing: shall
monitor TSS, TKN, NO3+NO2, NH3, and
total Hg;
(2) Miscellaneous plastics products: shall
monitor NO3+NO2, NH3, TKN, TSS, and
total Hg.
Z. Storm Water Discharges Associated With
Industrial Activity From Leather Tanning
and Finishing Facilities
* * * * *
5. Monitoring and Reporting Requirements
(a) * * * In addition to the visual
monitoring, all facilities shall conduct
analytical monitoring of COD, NOs+NOj,
TKN, NH3, and TSS, and the data reported
to the New Mexico State Program Manager at
the address above (Part VLB). A copy of the
data shall be kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
' of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
*****
AA. Storm Water Discharges Associated With
Industrial Activity From Fabricated Metal
Products Industry
*****
5. Monitoring and Reporting Requirements
(a) * * * In addition to the parameters
listed in Table AA-1,2 the following facilities
shall conduct monitoring of the additional
parameters indicated and the data reported to
the New Mexico State Program Manager at
the address above (Part VLB). A copy of the
data shall be kept with the Pollution
Prevention Plan. Monitoring for the
additional parameters indicated shall be
conducted at least quarterly (4 times per
year) in the second and fourth year of the
permit. The first period of monitoring to
begin on the date one year following the date
of issuance of this permit. Each year of
monitoring (four quarters) shall be reported
no later than the following March. The report
to NMED shall be postmarked no later that
the 31st day of the following March.
(1) Metal products except coating: shall
monitor TKN, NH3, and TSS;
(2) Metal coating & engraving: shall monitor
TKN, and NH3.
AC. Storm Water Discharges Associated With
Industrial Activity From Facilities That
Manufacture Electronic and Electrical
Equipment and Components, Photographic
and Optical Goods
*****
5. Monitoring and Reporting Requirements
(a) All facilities shall conduct analytical
monitoring of total Aluminum (Al), total Zn
and total Hg, and the data reported to the
New Mexico State Program Manager at the
address above (Part VLB). A copy of the data
shall be kept with the Pollution Prevention
Plan. Monitoring for the additional
parameters indicated shall be conducted at
least quarterly (4 times per year) in the
second and fourth year of the permit. The
first period of monitoring to begin on the date
one year following the date of issuance of
this permit. Each year of monitoring (four
quarters) shall be reported no later than the
following March. The report to NMED shall
be postmarked no later that the 31st day of
the following March.
In addition to the above-referenced
conditions, per 40 CFR 122.44(d)(6) to ensure
consistency with work element 6 of the State-
adopted Water Quality Management Plan
(WQMP) approved by EPA under Section '
208(b) of the CWA, NMED is requiring that
all permittees covered under this general
permit, who are required to do sampling, be
additionally required to monitor and report
pH.
E. Oklahoma (OKR05*###)
Oklahoma 401 certification special permit
conditions revise the permit as follows:
Part IB.3. Limitations on Coverage. Insert
the following paragraph:
/. Discharges to Oklahoma Outstanding
Resource Waters and Scenic Rivers. "New"
point source discharges of storm water
associated with industrial activity (those
commencing after the June 25,11992, effective
date of the Oklahoma Water Quality
Standards—Oklahoma Annotated Code Title
785, Chapter 45) to the following waters:
(1) waterbodies designated as "Outstanding
Resource Waters" and/or "Scenic Rivers" in
Appendix A of the Oklahoma Water Quality
Standards;
(2) Oklahoma waterbodies located within
the watersheds of waterbodies designated as
"Scenic Rivers" in Appendix A of the
Oklahoma Water Quality Standards; and
(3) 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.
D. Texas (TXR05*###)
Texas 401 certification special permit
conditions revise the permit as follows:
1 • The following sections are added to
Part V of the permit:
Part V. Numeric Effluent Limitations
C. 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:
Total metal
Arsenic
Barium
Cadmium
Chromium
Monthly aver-
age
01
1 n
0.5
Daily com-
posite
U.I
1.0
Single grab
0.3
4.0
0.2
Rfl
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51261
Total metal
Coooe
NKrJml
Silver
Monthly aver-
age
0.5
0.5
1.0
0.005
1.0
0.05
0.05
1.0
Daily com-
posite
1.0
1.0
2.0
0.005
2.0
0.1
0.1
2.0
Single grab
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
uopptir
Niclcnl
Silver
2JJX5
Monthly aver-
age
0.1
1.0
0.1
0.5
0.5
0.5
1.0
0.005
1.0
0.10
0.05
1.0
Daily com-
posite
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
2. Tho following section is added to Part
VI. of tho permit:
*****
D. Toxtcity Testing. All facilities that have
demonstrated significant lethality, which has
not been controlled, shall continue to
perform WET testing in accordance with the
requirements below. Permittees that are
required to monitor for acute whole effluent
toxiclty shall initiate the series of tests
described below within 180 days after the
issuance of this permit or within 90 days
after tho commencement of a new discharge.
The permittea 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. Tho 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-
salino nature of rainwater, freshwater test
species should also be used for discharges to
estuarine, marine or other naturally saline
waterbodies.
The following tests shall he 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 often (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.
• c. 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).
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.
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51262
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
3. The following definitions are added to
Part X of the permit:
Part 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 IX
Arizona (AZR05*###) and Federal
Facilities in Arizona (AZR05*##F)
Arizona 401 certification special
permit conditions revise the permit as
follows:
1. Part I section B is amended by the
addition of the following:
Part I. Coverage Under This Permit
B. Eligibility
8. 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 (Arizona Administrative Code,
Title 18, Chapter 11).
2. The following language is added to
Part II section D:
Part n. Notification Requirements
D. Where to Submit
Notices of Intent 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, 3033
N. Central Avenue, Phoenix, Arizona 85012.
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 language is added to
Part IV section E.2:
Part IV. Storm Water Pollution Prevention
Plans
* * * * *
E. Special Pollution Prevention Plan
Requirements
*****
2. Additional Requirements for Storm Water
Discharges Associated With Industrial
Activity From Facilities Subject to EPCRA
Section 313 Requirements
*****
e. SARA Section 313 (Community Right to
Know) Facilities shall have the following
requirement:
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 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.
4. Part IV. Section E is amended by
the addition of the following:
Part IV. Storm Water Pollution Prevention
Plans
E. Special Pollution Prevention Plan
Requirements
* * * * • *
5. Delineation of Facility Areas Below Base
Elevation
All facilities with any portion of the
facility that is located at or below the Base
Elevation shall delineate on the site map
those portions of the facility that are located
at or below the Base Elevation.
5. The following language is added to
Part VI section B.2:
Part VI. Monitoring and Reporting
Requirements
B. Reporting: Where to Submit
*****
2. Additional Notification. Facilities
subject to monitoring and reporting
requirements shall also submit Discharge
Monitoring Report Form(s) and other
required monitoring information to the State
of Arizona Department of Environmental
Quality at the following address: Storm
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51263
Water Coordinator/DMR, Arizona
Department of Environmental Quality, 3033
N. Central Avenue, Phoenix, Arizona 85012.
6. The following is added to Part IX
section B:
Fart IX. Termination of Coverage
B. Addresses
Notices of Termination shall also be
submitted to the State of Arizona Department
of Environmental Quality at the following
address: Slorm Water Coordinator, Arizona
Department of Environmental Quality, 3033
N. Central Avenue, Phoenix, Arizona 85012.
7. The following definitions are added
to Part X of the permit:
Port X. Definitions
"Significant Sources of Non-Storm
Water"— includes, but is not limited to
discharges which could cause or contribute
to violations of water quality standards of the
State of Arizona, and discharges which could
include releases of oil or hazardous
substances in excess of report able quantities
under Section 311 of the Clean Water Act
(sea 40 CFR 110.10 and CFR 117.21) or
Section 102 of CERCLA (see CFR 302.4).
"Bass Elevation"—elevation of a surface
waterbody having a one percent chance of
being equaled or exceeded during any given
year.
Region X
F. Washington (WAR05*M»)
Washington 401 certification special
permit conditions revise the permit as
follows:
1. Part I section B is amended by the
addition of the following:
Part I. Coverage Under This Permit
*****
B. Eligibility
*****
8. Compliance with Washington Water
Quality and Sediment Standards
Discharges authorized by this permit shall
not cause or contribute to a violation of any
applicable water quality standard of the State
of Washington, specifically Chapter 173-
201A WAG Surface Water Quality Standards,
Chapter 173-204 WAG Sediment Standards,
and the National Toxics Rule for human
health related to water quality standards.
Addendum A—Pollutants Identified in
Tables H and Dtt of Appendix D of 40 CFR
Part 122
Table II.—Organic Toxic Pollutants in Each
of Four Fractions in Analysis by Gas
Chromatography/Mass Spectroscopy (GS/
MS)
VolaUles
IV acrolein
2V acrylonitrilo
3V benzene
SV bromoform
6V carbon tetrachloride
7V chlorobenzene
8V chlorodibromomethane
9V chloroetiiane
10V 2-chloroethylvinyl ether
11V chloroform
12V dichlorobromomethane
14V 1,1-dichloroethane
15V 1,2-dichloroethane
16V 1,1-dichloroethylene
17V 1,2-dichloropropane
18V 1,3-dichloropropylene
19V ethylbenzene
20V methyl bromide
21V methyl chloride
22V methylene chloride
23V 1,1,2,2-tetrachloroethane
24V tetrachloroethylene
25V toluene
26V 1,2-trans-dichloroethylene
27V 1,1,1-trichloroethane
28V 1,1,2-trichloroethane
29V trichloroethylene
31V vinyl chloride
Acid Compounds
1A 2-chlorophenol
2A 2,4-dichlorophenol
3 A 2,4-dimethylphenol
4A 4,6-dinitro-o-cresol
5 A 2,4-dinitrophenol
6A 2-nitrophenol
7A 4-nitrophenol
8A p-chloro-m-cresol
9A pentachlorophenol
10A phenol
11A 2,4,6-trichlorophenol
Base/Neutral
IB acenaphthene
2B acenaphthylene
3B anthracene
4B benzidine
5B benzo(a)anthracene
6B benzo(a)pyrene
7B 3,4-benzofluoranthene
8B benzo(ghi)perylene
9B benzo(k)Quoranthene
10B bis(2-chloroethoxy)methane
11B bis(2-chloroethyl)ether
12B bis(2-chloroisopropyl)ether
:13B bis (2-ethylhexyl)phthalate
14B 4-bromophenyl phenyl ether
15B butylbenzyl phthalate
;i6B 2-chloronaphthalene
•17B 4-chlorophenyl phenyl ether
18B chrysene
19B dibenzo(a,h)anthracene
20B 1,2-dichlorobenzene
21B 1,3-dichlorobenzene
22B 1,4-dichlorobenzene
23B 3,3'-dichlorobenzidine
24B diethyl phthalate
25B dimethyl phthalate
26B di-n-butyl phthalate
27B 2,4-dinitrotoluene
28B 2,6-dinitrotoluene
!29B di-n-octyl phthalate
30B 1,2-diphenylhydrazine (as azobenzene)
31B fluroranthene
,32B fluorene
33B hexachlorobenzene
34B hexachlorobutadiene
35B hexachlorocyclopentadiene
36B hexachloroethane
37B indeno(l,2,3-cd)pyrene
38B isophorone
39B napthalene
40B nitrobenzene
41B N-nitrosodimethylamine
42B N-nitrosodi-n-propylamine
43B N-nitrosodiphenylamine
44B phenanthrene
45B pyrene
46B 1,2,4-trichlorobenzene
Pesticides
IP aldrin
2P alpha-BHC
3Pbeta-BHC
• 4P gamma-BHC
5P delta-BHC
6P chlordane
7P 4,4'-DDT
8P 4,4'-DDE
9P 4,4'-DDD
10P dieldrin
IIP alpha-endosulfan
12P beta-endosulfan
13P endosulfan sulfate
14P endrin
15P endrin aldehyde
16P heptachlor
17P heptachlor epoxide
18P PCB-1242
19P PCB-1254
20P PCB-1221
21P PCB-1232
22P PCB-1248
23P PCB-1260
24P PCB-1016
25P toxaphene
Table m.—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
Table V.—Toxic Pollutants and Hazardous
Substances Required To Be Identified by
Existing Dischargers if Expected To Be
Present
Toxic Pollutants
Asbestos
Hazardous Substances
Acetaldehyde
Allyl alcohol
Allyl chloride
Amyl acetate
Aniline
Benzonitrile
Benzyl chloride
Butyl acetate
Butylamine
Captan
Carbaryl
Carbofuran
Carbon disulfide
Chlorpyrifos
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51264 Federal Register /Vol. 60, No. 189 / Friday, September 29, 1995 /Notices
Coumaphos
Cresol
Crotonaldehyde
Cyclohexane
2,4-D (2,4-Dichlorophenoxy acetic acid)
Diazinon
Dicamba
Dichlobenil
Dichlone
2,2-Dichloropropionic acid
Dichlorvos
Diethyl amine
Dimethyl amine
Dintrobenzene
Diquat
Disulfoton
Diuron
Epichlorohydrin
Ethion
Ethylene diamine
Ethylene dibromide
Formaldehyde
Furfural
Guthion
Isoprene
IsopropanolamineDodecylbenzenesulfonate
Kelthane
Kepone
Malathion
Mercaptodimethur
Methoxychlor
Methyl mercaptan
Methyl methacrylate
Methyl parathion
Mevinphos
Mexacarbate
Monoethyl amine
Monomethyl amine
Naled
Napthenic acid
Nitrotoluene
Parathion
Phenosulfan,ate
Phosgene
Propargite
Propylene oxide
Pyrethrins
Quinoline
Resorcinol
Strontium
Strychnine
Styrene
2,4,5-T (2,4,5-Trichlorophenoxy acetic acid)
TDE (Tetrachlorodiphenylethane)
2,4,5-TP [2-C2,4,5-TrichlorQphenoxy)
propanoic acid]
Trichlorofan
Triethanolaminedodecylbenzenesulfonate
Triethylamine
Trimethylamine
Uranium
Vanadium
Vinyl acetate
Xylene
Xylenol
Zirconium
BILLING CODE 65BO-SO-P
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51265
THIS FORM REPLACES PREVIOUS FORM 351 0-6 (8-92)
See Reverse for Instructions
Form Approved. OMB NO. 2M,,,,,,, \
SIC or Designated
Activity Code:
Primary: I -t i i I 2nd: I i_
It the facility required to submit monitoring data? (1 , 2, 3, or 4)
If You Have Another Existing NPOES
Pemnit, Enter Permit Number:
I i
j_|
Multi-Sector Permit Applicants Only;
Based on the instructions provided in Addendum H of
the Multi-Sector permit, are species identified in
Addendum H in proximity to the storm water discharges
to be covered under this permit, or the areas of BMP
construction to control those storm water discharges?
(Y or N)
Will construction (land disturbing activities) be
conducted for storm water controls? (Y or N)
Is applicant subject to and in compliance with a
written historic preservation agreement? (Y or N)
V. Additional Information Required for Construction Activities Only
Project Stan Date: Completion Date:
i i i i l Estimated Area to be
I I—I—I—|—I—I—I Disturbed (in Acres):
iitt
Is the Storm Water Pollution Prevention
Plan in compliance with State and/or Local
sediment and erosion plans? (Y or N)
VI. Certification:
The certification statement in Box 1 applies to ail applicants.
The certification statement in Box 2 applies only to facilities applying for the Multi-Sector storm water general permit.
BOX1
jftJJ. APPLICANTS:
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 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 em ownre that
there are significant penalties for
submitting falsa information, including the
possibility of fine and imprisonment for
knowing violations.
BOX 2
MULTI-SECTOR STORM WATER GENERAL PERMIT APPLICANTS ONLY:
I certify under penalty of law that I have read and understand the Part I.B. eligibility requirements
for coverage under the Multi-Sector storm water general permit, including those requirements
relating to the protection of species identified in Addendum H.
To the best of my knowledge, the discharges covered under this permit, and construction of
BMPs to control storm water run-off, are not likely to and will not likely adversely affect any
species identified in Addendum H of the Multi-Sector storm water general permit or are
otherwise eligible for coverage due to previous authorization under the Endangered Species Act.
To the best of my knowledge, I further certify that such discharges, and construction of BMPs to
control storm water run-off, do not have an effect on properties listed or eligible for listing on the
National Register of Historic Places under the National Historic Preservation Act, or are otherwise
eligible for coverage due to a previous agreement under the National Historic Preservation Act.
I understand that continued coverage under the Multi-Sector general permit is contingent upon
maintaining eligibility as provided for in Part I.B.
Print Name:
Date:
I , I
EPA Fom3STO-6 (6-93)
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51266
Federal Register / Vol. 60, No. 189 / Friday, September 29, ,1995 / Notices
Instruction! - EPA Form 3510-6
Notice Of Intent (NOI) For Storm Water Discharge* Associated With Industrial Activity
To Be Covered Under a NPDES General Permit
Who Must File A Notice 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 bodyfies) of the U.S without a National
Pollutant Discharge Elimination System (NPDES) permit The operator of an industrial
activity that has such a storm water discharge must submit a NOI to obtain coverage
under a NPDES Storm Water General Permit. If you have questions about whether you
need a permit under the NPOES Storm Water program, or if you need information as
to whether a particular program is administered by EPA or a state agency, telephone
or write to the Notice of Intent Processing Center at (703) 931-3230.
Where To File NOI Form
NOIs must be sent to the following address:
Completing The Form
Storm Water Notice of Intent (4203)
401 M Street, S.W.
Washington, DC 20460
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 Notice of Intent Processing Center at (703)
931-3230.
Section I Permit Selection
You must indicate the NPDES storm water general permit under which you are
applying for coverage. Check one box only. The Baseline Industrial and Baseline
Construction permits were issued in September 1992. The Multi-Sector Permit became
effective October 1, 1995.
Section II Facility Operator Information
Provide 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 thantheplantor 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 = State; M = Public (other than federal or state); P = Private.
Section III Facility/Site 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
and either 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. Do not provide a P.O. Box number as the street address.
Indicate whether the facility is located on Indian lands.
Section IV Sit* Activity Information
if the storm water discharges to a municipal separate storm sewer system (MS4), enter
the name 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, ctty, town, borough, county, parish, district, association,
or other public body which is designed or used for collecting or conveying storm water.)
Ht/ie facility discharges storm water directly to receiving waters), enter tho name of the
receiving wa1e/(s).
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 the monitoring status of the facility. Refer to the permit for information on
monitoring requirements. Indicate the monitoring status by entering one of the
following:
1 = Not subject to monitoring requirements under the conditions of the permit.
2 = Subject to monitoring requirements and required to submit data.
3 * Subject to monitoring requirements but not required to submit data.
4 « Subject to monitoring requirements but submitting certification for monitoring
exclusion.
List, in descending order of significance, Lup to two 4-digit standard industrial
classification (SIC) codes that best describe the principal products or services provided
at the facility or site identified in Section III of this application.' If you are applying for
coverage under the construction general permit enter "CO* (which represents SIC
codes 1500 - 1799).
For industrial activities defined in 40 CFR 122.26(bX14)(iHxi) that do not have SIC
codes that accurately describe the principal products produced or services provided,
use the following 2-character codes. . ,
HZ = Hazardous waste treatment, storage, or disposal facilities, including those that
are operating under interim status or a permit under subtitle C of RCRA [40
CFR 122.26 (bX14Xiv)]; • - - - -
LF - Landfills, land application sites, and open dumps that receive or have received
any industrial wastes, including those that are subject to regulation under
subtitle D of RCRA [40 CFR 122.26 (b)(14Xv)]; .
SE = Steam electric power generating facilities, including coal handling sites [40 CFR
122.26 (bX14Xvii)];
TW = 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 [40 CFR 122.26
<°XH)(ix)J; or, •
CO = Construction activities [40 CFR 122.26 (bX14Xx)].
If there is another NPDES permit presently issued for the facility or site listed in Section
III, enter the permit number. If an application for the facility has been submitted but no
permit number has been assigned, enter the application number.
Facilities applying for coverage under the Multi-Sector storm wa'tergeneral permit must
answer the last three questions in Section IV. Refer to Addendum H of the Multi-Sector
general permit for a list of species that are either proposed or listed as threatened or
endangered. "BMP" means "Best Management Practices" that are used to control
storm water discharges. . ,
Indicate whether any construction will be conducted to install or develop storm water
runoff controls.
Section V Additional Information Required for Construction Activities Only
Construction activities must complete Section V in addition to Sections I through IV.
Only construction activities need to complete Section V.
Enter the project start date and the estimated completion date for the entire
development plan.
Provide an estimate of the total number of acres of the site on which soil will be
disturbed (round to the nearest acre).
Indicate whether the storm water pollution prevention plan for the site is in compliance
with approved state and/or local sediment and erosion plans, permits, or storm water
management plans.
Section VI Certification
• Federal statutes provide for severe penalties for submtttino-false information on this
application form. Federal regulations require this application to be signed as follows:
For a 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 (ii) 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 * general partner or the proprietor; or
For a municipality, 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 arid 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, 2136, U.S. Environmental Protection Agency. 401 M Street, SW, Washington,
D.C 20460. or Director, Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20503.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51267
THIS FORM REPLACES PREVIOUS FORM 3510-7 (8-92) Form Approved. OMB NO. 2M88
Please See Instructions Before Completing This Form *""*"»' "&*•'• e-3i-«B
NPDES
FORM
United States Environmental Protection Agency, • -
Washington, DC 20460 ^
Notice of Termination (NOT) of Coverage Under a NPDES General Permit for
Storm Water Discharges Associated with Industrial Activity
r authorized to discharge storm water
associated with industrial activity under the NPDES program. ALL'NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.
I. Permit Information
NPDES Storm Water
General Permit Number:
Check Here if You are No Longer
the Operator of the Facility:
Check Here if the Storm Water
Discharge is Being Terminated:
II. Facility Operator Information
Nama: I i i i i i i i i i t i i i t i i i i i i u_i i i i i i i i I Phone: I—I—i—I—i—i—I—i—I—J—I
Address: I—i—i—i—i—i—i—i—i—i—i—i—i—i—i—i—i—i—i—i—t—1_
I i i i i i i i i i i i i i t i i i i i i t
CWy:
J State: i I I ZIP Code: L
i t i i t i i i
III. Fadlity/Site Location Information
Name: I ' • ' < • < < <
Address: ' ' * ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' [ ' ' ' ' ' ' ' '
Ii i * '
^ i t i i t i i i i t t i i i i t i i i i i l state: i t
I I I I I I I I nnglturia:! I I I I I I I Quartan I—I—I Section: I I I Township:
ZIP Code: I—L.
Range: I I I I
(V. Certification: 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 that I am no longer the operator of the facility or construction site. I understand that by
submitting this Notice of Termination, 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
tha discharge is not authorized by a NPDES permit. I also understand that the submlttal of this Notice of Termination does not release an operator from
-ability for arty violations of this permit or the Clean Water Act.
Print Name:
Signature:
Date:
Instructions for Completing Notice of Termination (NOT) Form
Who May Fil» t NoOct ot Termination (NOT) Form
PeimlHees who are presentty covered under an EPA-issued National Pollutant
DttcrwQS EBmmj'Jori System (NPDES) General Permit (including the 1995
MuM.S«ctor Permit) for Storm Water Dicharges Associated with Industrial Activity
may submit a Notice of Termination (NOT) form when their facilities no longer
hiva any storm water discharges associated with Industrial activity as defined in
tno storm water regulations at 40 CFR 122,26{b)(14), or when they are no longer
BW operator of the tadtWes.
For construction activities, elimination of aH storm water discharges associated
with Industrial activity occurs when disturbed soils at the consuuction site nave
bnn Unity stabilized and temporary erosion and sediment control measures
have been removed or win be removed at an appropriate time, or that all storm
watw dftchatges associated with industrial activity from the construction site that
am authorized by a NPDES general permit have:otherwise been eliminated. Final
ttabiUzatkm means mat all soil-disturbing activities at the site have been
completed, and that« uniform perennial vegetative cover with a density of 70% of
the. cover for unpaved areas and areas not covered by permanent structures has
bc«n eslab&shed, or equivalent permanent stabilization measures (such as the
use of riprap, gabions, or geolextiles) have been employed.
Whore to Flio NOT Form
Send this form to the the following address:
Storm Water Notice of Termination (4203)
401 M Street, S.W.
Washington, DC 20460
Completing tfct Form
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 Hem. Use only one space for breaks
between words, but not for punctuation marks unless they are needed to clarify
your response. If you have any questions about this form, telephone or write the
Notice of Intent Processing Center at (703) 931 -3230.
EPAFonrt 3510-7(8-88)
-------
51268
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
Instructions - EPA Form 3510-7
Notice of Termination (NOT) of Coverage Under The NPDES General Permit
for Storm Water Discharges Associated With 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,
telephone or write your EPA Regional storm water contact person.
Indicate your reason for submitting this Notice of Termination by checking the
appropriate box:
If there has been a 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 III
have been terminated, check the corresponding box.
Section II 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 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 III Facility/Site Location Information
Enter the facility's or site's official or legal name and complete address, including
city, 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.
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:
For a corporation: by a responsible corporate officer, which means: (0 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 (ii) 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 municipality, 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, 2136, U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460, or Director, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503.
BILLING CODE 6560-50-C
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51269
ADDENDUM D.—PARTIAL LIST OF ADDENDUM D.—PARTIAL LIST OF ADDENDUM D.—PARTIAL LIST OF
LARGE, MEDIUM, AND DESIGNATED LARGE, MEDIUM, AND DESIGNATED LARGE, MEDIUM, AND DESIGNATED
MUNICIPALITIES MUNICIPALITIES—Continued MUNICIPALITIES—Continued
[Incorporated Places] [Incorporated Places] [Incorporated Places]
Slate
Alaska ....
Alabama
Arkansas.
Arizona ...
California
Place name
State
Anchorage city.*
Adamsville city.
Alabaster city.
Bessemer city.
Birmingham city.*
Brighton c'rty.
Brookside town.
Chickasaw city.
Crcola city.
Daphne city.
Falrfield city.
Fairhope city.
Futtondale city.
Gardendale city.
Graysville city.
Helena city.
Homewood city.
Hoover city.
Hueytown city.
Huntsville city.*
Indian Springs.
Irondale city.
Leeds city.
Lipscomb city.
Madison city.
Maytown town.
MidfieW city.
Mobile city.*
Montgomery city.*
Moody town.
Mountain Brook city.
Mulga town.
Pelham city.
Pleasant Grove city.
Prichard city.
Saraland city.
Satsuma city.
Tarrant city.
Trussville city.
Vestavla Hills city.
Little Rock city.*
Glendale city.t
Mesa city.*
Phoenix city.*
Scottsdale city.f
Tempo city.*
Tucson city.*
Agoura Hills city.
Alameda city.
Albany city.
Alhambra city.
Anaheim city.*
Arcadia city.
Artesia city.
Atherton town.
Azusa city.
Bakersfield city.*
Baldwin Park city.
Bell city.
Bellflower city.
Bell Gardens city.
Belmont city.
Berkeley city.*
Beverly Hills city.
Big Bear Lake city.
Bradbury city.
Brentwood city.
Brisbane city.
Place name
State
Burbank city.
Burlingame city.
Camarillo city.
Campbell city.
Carlsbad city.
Carson city.
Cerritos city.
Chula Vista city.
Claremont city.
Clayton city.
Colma town.
Commerce city.
Compton city.
Concord city.
Contra Costa county
(15 cities).
Coronado city.
Covina city.
Cudahy city.
Culver City city.
Cupertino city.
Daly City city.
Del Mar city.
Diamond Bar city.
Downey city.
Duarte city.
Dublin city.
East Palo Alto city.
El Cajon city.
El Monte city.
El Segundo city.
Emeryville city.
Encinitas city.
Escondido city.
Fairfield city.
Fillmore city.
Folsom city.
Foster City city.
Fremont city.*
Fresno city.*
Fullerton city.*
Gait city.
Gardena city.
Garden Grove city.*
Gilroy city.
Glendale city.*
Glendora city.
Half Moon Bay city.
Hawaiian Gardens
city.
Hawthorne city.
Hayward city.t
Hermosa Beach city.
Hidden Hills city.
Hillsborough town.
Huntington Beach
city.*
Huntington Park city.
Imperial Beach city.
Industry city.
Inglewood city.t
Irvine city.t
Irwindale city.
La Canada Flintridge
city.
Laguna Beach city.
Lake Tahoe Basin
(1 city)
Place name
Lakewood city.
La Mesa city.
La Mirada city:
La Palma city.
La Puente city.
La Verne city.
Lawndale city.
Lemon Grove city.
Livermore city.
Lomita city.
Long Beach city.*
Los Alamitos city.
Los Altos city.
Los Altos Hills town.
Los Angeles city.*
Los Gatos town.
Lynwood city.
Manhattan Beach city.
Maywood city.
Menlo Park city.
Millbrae city.
Milpitas city.
Modesto city.*
Monrovia city.
Montebello city.
Monterey Park city.
Monte Sereno city.
Moorpark city.
Moreno Valley city.t
Mountain View city.
National City city.
Newark city.
Norwalk city.
Oakland city.*
Oceanside city.t
Ojai city.
Ontario city.t
Orange city.t
Orange county
(17 cities).
Oxnard city.*
Pacifica city.
Palo Alto city.
Palos Verdes Estates
city.
Paramount city.
Pasadena city.*
Pico Rivera city.
Piedmont city.
Pleasanton city.
Pomona city.t
Port Hueneme city.
Poway city.
Rancho Cucamonga
city.t
Rancho Palos Verdes
city.
Redondo Beach city.
Redwood City city.
Riverside city.*
Riverside county
(10 cities).
Rolling Hills city.
Rolling Hills Estates
city.
Rosemead city.
Sacramento city.*
Salinas city.t
-------
51270
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
ADDENDUM D.—PARTIAL LIST OF ADDENDUM D — PARTIAL LIST OF
LARGE, MEDIUM, AND DESIGNATED LARGE, MEDIUM, AND DESIGNATED
MUNICIPALITIES—Continued MUNICIPALITIES—Continued
[Incorporated Places] [Incorporated Places]
ADDENDUM D.—PARTIAL LIST OF
LARGE, MEDIUM, AND DESIGNATED
MUNICIPALITIES—Continued
[Incorporated Places]
State
Colorado
Connecticut
District of Columbia
Delaware
Place name
State
San Bernardino city.*
San Bernardino
county (13 cities).
San Bruno city. Florida
San Carlos city.
San Diego city.*
San Dimas city.
San Fernando city.
San Gabriel ctty.
San Jose city.*
San Leandro city.
San Marcos city.
San Marino city.
San Mateo city.
Santa Ana city.*
Santa Clara.
Santa Clarita city.f
Santa Fe Springs city.
Santa Monica city.
Santa Paula city.
Santa Rosa city.f
Santee city.
Saratoga city.
Seal Beach city.
Sierra Madre city.
Signal Hill city.
Simi Valley city.f
Solana Beach city.
South El Monte city.
South Gate city.
South Pasadena city.
South San Francisco
city.
Stockton city.*
Suisun City city.
Sunnyvale city.*
Temple City city.
Thousand Oaks cityf.
Torrance city.*
Union City city. Florida .
Vallejo cityf.
Vernon city.
Vista city.
Walnut city.
West Covina city.
West Hollywood city.
Westlake Village city.
Whittier city.
Woodside town.
Aurora city.*
Colorado Springs
city.*
Denver city.*
Englewood city.
Lakewood city.*
Pueblo city.
Stamford city.*
Washington city.*
Arden village.
Ardencroft village.
Ardentown village.
Bellefonte town.
Delaware City city.
Elsmere town.
Middletown town.
Newark city.
New Castle ctty.
Newport town.
Place name
Odessa town.
Townsend town.
Wilmington city.
Apopka city.
Atlantic Beach city.
Atlantis city.
Auburndale city.
Bal Harbour village.
Bartow city.
Bay Harbor Islands
town.
Bay Lake city.
Belleair town.
Belleair Beach city.
Belleair Bluffs city.
Belle Glade city.
Belle Isle city.
Boca Raton city.
Boynton Beach city.
Briny Breezes town.
Century town.
Clearwater city.
Cloud Lake town.
Coconut Creek city.
Cooper City city.
Coral Gables city.
Coral Springs city.
Dania city.
Davenport city.
Davie town.
Deerfield Beach city.
Delray Beach city.
Dundee town.
Dunedin city.
Eagle Lake city.
Eatonville town.
Edgewood city.
Fort Lauderdale city.*
Fort Meade city.
Frostproof city
Glen Ridge town.
Golden Beach town.
Golf village.
Golfview town.
Greenacres City city.
Gulfport city.
Gulf Stream town.
Haines City city.
Hallandale city.
Haverhill town.
Hialeah city.*
Hialeah Gardens city.
Highland Beach town.
Highland Park village.
Hillcrest Heights town.
Hollywood city.*
Homestead city.
Hypoluxo town.
Indian Creek village.
Indian Rocks Beach
city.
Jacksonville Beach
city.
Jacksonville city.*
Juno Beach town.
Jupiter town.
Jupiter Inlet Colony
town.
State
Place name
Key Biscayne village.
Kenneth City town.
Lake Alfred city.
Lake Buena Vista city.
Lake Clarke Shores
town.
Lake Hamilton town.
Lakeland city.
Lake Park town.
Lake Wales city.
Lake Worth city.
Lantana town.
Largo city.
Lauderdale-by-the-
Sea town.
Lauderdale Lakes
city.
Lauderhill city.
Lighthouse Point city.
Longboat Key town.
Madeira Beach city.
Maitland city.
Manalapan town.
Mangonia Park town.
Margate city.
Medley town.
Miami city.*
Miami Beach city.
Miami Shores village.
Miami Springs city.
Miramarcity.
Mulberry city.
Neptune Beach city.
North Bay Village city.
North Lauderdale city.
North Miami city.
North Miami Beach
city.
North Palm Beach vil-
lage.
North Port city.
North Redington
Beach town.
Oakland Park city.
Ocean Ridge town.
Ocoee city.
Oldsmar city.
Opa-locka city.
Orlando city.*
Pahokee city.
Palm Beach town.
Palm Beach Gardens
city.
Palm Beach Shores
town.
Palm Springs village.
Parkland city.
Pembroke Park town.
Pembroke Pines city.
Pennsuee
Pensacola city.
Pinellas Park city.
Plantation city.
Plant City city.
Polk City town.
Pompano Beach city.
Redington Beach
town.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51271
ADDENDUM D.—PARTIAL LIST OF
LARGE, MEDIUM, AND DESIGNATED
MUNICIPALITIES—Continued
[Incorporated Places]
ADDENDUM D.—PARTIAL LIST OF ADDENDUM D.—PARTIAL LIST OF
LARGE, MEDIUM, AND DESIGNATED LARGE, MEDIUM, AND DESIGNATED
MUNICIPALITIES—Continued MUNICIPALITIES—Continued
[Incorporated Places] [Incorporated Places]
State
Georgia,
Place name
Redington Shores
town.
Riviera Beach city.
Royal Palm Beach vil-
lage.
Safety Harbor city.
St. Petersburg Beach
city.
St. Petersburg city.*
Sarasota city.
Sea Ranch Lakes vil-
lage.
Semlnole city.
South Bay city.
South Miami city.
South Palm Beach
town.
South Pasadena city.
Sunrise city.
Surfside town.
Sweetwater city.
Tallahassee clty.t
Tamarac city.
Tampa city.*
Tarpon Springs city.
Temple Terrace city.
Tequesta village.
Treasure Island city.
Venice city.
West Miami city.
West Palm Beach
city.
Wilton Manors city.
Winter Garden city.
Winter Haven city.
Winter Park city.
Acworth city.
Alpharetta city.
Atlanta city.*
Austell city.
Bloomingdale city.
Buford city.
Chamblee city.
Clarkston city.
College Park city.
Columbus city."
Decatur city.
Doravilie city.
Duluth city.
East Point city.
Falrbum city.
Forest Park city.
Garden City city.
Hapeville city.
Jonesboro city.
Kennesaw city.
Lawrenceville city.
Lilburn city.
Lithonia city.
Macon city.*
Marietta city.
Morrow city.
Norcross city.
Palmetto city.
Payne city.
Pooler city.
Powder Springs city.
Riverdale city.
State
Iowa
Idaho
Illinois .......
Indiana
Kansas
Louisiana
Massachusetts
Maryland
Michigan ,
Minnesota
Missouri
Mississippi
Nebraska
New Mexico
Nevada
New York
North Carolina
Ohio
Place name State
Roswell city.
Savannah city * Oklahoma
Smyrna city.
Snellville city Oregon
Stone Mountain city.
Sugar Hill city.
Suwanee city.
Thunderbolt town.
Union City city.
Cedar Rapids city.*
Davenport city.
Des Moines city.*
Boise City city.*
Garden City city.
Rockford city.*
Springfield city.t
Fort Wayne city.*
Indianapolis city.*
Kansas City city.*
Overland Park clty.t
Topeka city.*
Wichita city.*
Lexington-Fayette;*
Louisville city.*
Baton Rouge city.*
New Orleans city.*
Shreveport city.*
Boston city.*
Worcester city.*
Baltimore city.*
Ann Arbor city.*
Flint city.*
Grand Rapids city.*
Sterling Heights city.*
Warren city * Pennsylvania
Minneapolis city.*
St Louis Park city. South Dakota
St Paul city * Tennessee
Independence city.*
Kansas City city.*
Springfield city.*
Jackson city.*
Lincoln city.*
Omaha city.*
Albuquerque city.*
Henderson city.
Las Vegas city.*
North Las Vegas city.
Reno city.*
Sparks city.
New York city.*
(Bronx Borough).
(Brooklyn Borough).
(Manhattan Borough) Texas
(Queens Borough).
(Staten Island Bor-
ough).
Charlotte city.*
Durham city.*
Fayetteville city.
Greensboro city.*
Raleigh city.*
Winston-Salem city.*
Akron city.*
Cincinnati city.*
Cleveland city.*
Columbus city.*
Dayton city.*
Place name
Toledo city.*
Oklahoma City city.*
Tulsa city.*
Banks city.
Barlow city.
Beaverton city.
Canby city.
Cornelius city.
Durham city.
Estacada city.
Eugene city.*
Fairview city.
Forest Grove city.
Gaston city.
Gladstone city.
Gresham city.
Happy Valley city.
Hillsboro city.
Johnson City city.
King City city.
Lake Oswego city.
Mllwaukie city.
Molalla city.
North Plains city.
Oregon City city.
Portland city.*
Rivergrove city.
Salem clty.t
Sandy city.
Sherwood city.
Tigard city
Tualatin city.
West Linn city.
Wilsonville city.
Allentown city.*
Philadelphia city.*
Sioux Falls City.
Bartlett town.
Belle Meade city.
Berry Hill city.
Chattanooga city.*
Collierville town.
East Ridge city.
Forest Hills city.
Germantown city.
Goodlettsville city.
Knoxville city.*
Lakewood city.
Memphis city.*
Nashville-Davidson.*
Oak Hill city.
Red Bank city.
Ridgetop town.
Abilene city.t
Amarillo city.*
Arlington city.*
Austin city.*
Beaumont city.*
Corpus Christi city.*
Dallas city.*
El Paso city.*
Fort Worth city.*
Garland city.*
Houston city.*
Irving city.*
Laredo city.t
Lubbock city.*
Mesquite city.t
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51272
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
ADDENDUM D.—PARTIAL LIST OF
LARGE, MEDIUM, AND DESIGNATED
MUNICIPALITIES—Continued
[Incorporated Places]
PARTIAL LIST OF LARGE, MEDIUM, AND
DESIGNATED MUNICIPALITIES—Con-
tinued
[Counties]
State
Utah
Virginia.
Washington
Wisconsin ..
Place name
State
Pasadena city.*
Piano city.f
San Antonio city.*
Waco city.*
Salt Lake City city.*
Chesapeake city.*
Hampton city.*
Newport News city.'
Norfolk city.*
Portsmouth city.*
Richmond city.*
Roanoke city.
Virginia Beach city.'
Seattle city.*
Tacoma city.*
Madison city.*
Milwaukee city.*
Colorado .
Delaware
Florida
Note: Unless indicated otherwise, munici-
palities have been designated.
•Identified In November 1990 rule.
f1990 Census population increased to over
100,000.
PARTIAL LIST OF LARGE, MEDIUM, AND
DESIGNATED MUNICIPALITIES
[Counties]
Georgia
State
Alabama
Arizona ...
California
County
Baldwin county.1
Jefferson county.6
Mobile county.7
Shelby county.8
St. Clair county.9
Pima County.*
Alameda County.*
Contra Costa Coun-
ty-*
Kern County.*
Lake Tahoe Basin.*
(2 counties).
Los Angeles County.*
Orange County.*
Hawaii
Kentucky .
Louisiana
Maryland
County
Riverside County.*
Sacramento County.
San Bernardino Coun-
ty.*
San Diego County.*
San Mateo County.
Santa Clara County.
Ventura County.
Arapahoe County.t
New Castle County.*
Broward County.*
Dade County.*
Escambia County.*
Hillsborough County.*
Lee County.f
Manatee County.t
Orange County.*
Palm Beach County.*
Pasco County.t
Pinellas County.*
Polk County.*
Sarasota County.*
Seminole County.t
Bibb County.
Chatham County.
Clayton County.*
Cobb County.*
DeKalb County.*
Fulton County.t
Gwinnett County.t
Muscogee County.
Richmond County.*
Honolulu County.*
Jefferson County.
East Baton Rouge
Parish.t
Jefferson Parish.*
Anne Arundel Coun-
ty-*
Baltimore County.*
Carroll County.
Charles County.
Frederick County.
Harford County.
Howard County.t
PARTIAL LIST OF LARGE, MEDIUM, AND
DESIGNATED MUNICIPALITIES—Con-
tinued
[Counties]
State
North Carolina
Nevada
Oregon .
South Carolina.
Texas ...
Utah
Virginia,
Washington
County
Montgomery County.*
Prince George's
County.*
Washington County.
Cumberland County.*
Clark County.*
Washoe County.
Clackamas County.
Multnomah County.
Washington County.*
Greenville County.*
Richland County.*
Harris County.*
Salt Lake County.*
Arlington County.*
Chesterfield County.*
Fairfax County.*
Henrico County.*
Prince William Coun-
ty.t
Clark County.t
King County.*
Pierce County.*
Snohomish County.*
Spokane County.t
6 County was listed in regulation; however,
population dropped below 100,000 in 1990
census.
7 Unincorporated areas defined as: begin-
ning at the mouth of the South Fork Deer
River and extending west to SW corner Sec-
tion 18, Township 6 South, Range 2 West,
thence north to NW corner, Section 6, Town-
Ship 2 South, Range 2 West, thence east to
the Mobile County line, thence south along the
county line to U.S. Highway 90 bridge.
8 All unincorporated areas of Shelby County
within the drainage basin of the Cahaba River
upstream of the confluence of Shoal Creek
and the Cahaba River.
9 Unincorporated areas of St. Clair County
within the drainage basin of the Cahaba River.
* Identified in November 1990 rule.
t 1990 Census unincorporated, urbanized
population increased to more than 100,000.
PARTIAL LIST OF LARGE, MEDIUM, AND DESIGNATED MUNICIPALITIES [BOUNDARIES NOT DEFINED BY CENSUS]
State
Municipal separate storm sewer system
Alaska.
Alabama .
Arizona ...
California
Colorado .
Delaware
Florida ....
DOT.'
University of Alaska.
Highway Department.
DOT.
Alameda County Flood Control District.
Zone 7 of the Alameda County.
Flood Control District.
DOT.
Coachella Valley Area.
Contra Costa County Flood Control District
Orange County Flood Control District.
Riverside Flood Control District.
San Bernardino Flood Control District.
San Diego Unified Port District. ,
Santa Clara Valley Water District.
DOT.
Highway Department.
DOT.
DOT.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51273
PARTIAL LIST OF LARGE, MEDIUM, AND DESIGNATED MUNICIPALITIES [BOUNDARIES NOT DEFINED BY CENSUS]-
Continued
State
Hawaii
Idaho
Illinois
Kansas
Maryland J
Onto
Oklahoma
Pennsylvania
Texas
Utah ...» •
Wisconsin • •
Municipal separate storm sewer system
Urban Water Control Districts.
DOT.
DOT.
DOT.
DOT.
Fairfax Drainage District.
Kaw Valley Drainage District.
DOT.
State Highway Administration.
University of Michigan.
DOT.
DOT.
DOT.
Clark County Flood Control District.
DOT.
Albuquerque Metropolitan Flood Control Authority.
DOT.
DOT.
DOT.
DOT.
Port of Portland.
DOT.
Harbor of Charleston.
DOT.
Harris County Flood Control District.
DOT.
DOT.
DOT.
University of Wisconsin.
' Department of Transportation.
Addendum E—Basic Format for
Environmental Assessment
This is the basic format for the
Environmental Assessment prepared by
EPA from the review of the applicant's
Environmental Information Document
(BID) required for new source NPDES
permits. Comprehensive information
should be provided for those items or
issues that are affected; the greater the
impact, the more detailed information
needed. The EID should contain a brief
statement addressing each item listed
below, even if the item is not applicable.
The statement should at least explain
why the item is not applicable.
A. General Information
1. Name of applicant
2. Type of facility
3. Location of facility
4. Product manufactured
B. Description Summaries
1. Describe the proposed facility and
construction activity
2. Describe all ancillary construction
not directly involved with the
production processes
3. Describe briefly the manufacturing
processes and procedures
4. Describe the plant site, its history,
and the general area
C. Environmental Concerns
1. Historical and Archeological
(include a statement from the State
Historical Preservation Officer)
2. Wetlands Protection and 100-year
Floodplain Management (the Army
Corps of Engineers must be
contacted if any wetland area of
floodplain is affected)
3. Agricultural Lands (a prime
farmland statement from the Soil
Conservation Service must be
included
4. Coastal Zone Management and
Wild and Scenic Rivers
5. Endangered Species Protection and
Fish and Wildlife Protection (a
statement from the U.S. Fish and
Wildlife Service must be included)
6. Air, Water, and Land Issues:
quality, effects, usage levels,
municipal services used, discharges
and emissions, runoff and
wastewater control, geology and
soils involved, land-use
compatibility, solid and hazardous
waste disposal, natural and man-
made hazards involved.
7. Biota concerns: floral, faunal,
aquatic resources, inventories, and
effects
8. Community Infrastructures
available and resulting effects:
social, economic, health, safety,
educational, recreational, housing,
transportation, and road resources
Basic Environmental Information
Document Guidelines for New Source
Category Industries
I. General Information
A. Name of Applicant and Proposed
Facility:
B. Description of Site and Location:
C. Description of Project, Product, and
Process:
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51274
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995./ Notices
ADDENDUM F—SECTION 313 WATER PRIORITY CHEMICALS
CAS No.
Common name
75-07-0 Acetaldehyde.
107-02-8 Acrolein.
107-13-1 Acrylonitrile.
309-00-2 Aldrin[1,4:5,8-Dimethanonaphthalene, 1, 2, 3, 4,10,10-hexachloro-1, 4, 4a, 5, 8, 8a hexahydro-(1 .alpha., 4.alpha.,
4a.beta., 5.alpha., S.alpha., Sa.beta.)-].
107-05-1 Allyl Chloride.
7429-90-5 Aluminum (fume or dust).
7664-41-7 Ammonia.
62-53-3 Aniline.
120-12-7 Anthracene.
7440-36-0 Antimony. '
7647189 Antimony pentachloride.
28300745 Antimony potassium tartrate.
7789619 Antimony tribromide.
10025919 Antimony trichloride.
7783564 Antimony trifluoride.
1309644 Antimony trioxide.
7440-38-2 Arsenic.
1303328 Arsenic disulflde.
1303282 Arsenic pentoxide.
7784341 Arsenic trichloride. • . • .
1327533 Arsenic trioxide.
1303339 Arsenic trisulfide.
1332-21-* Asbestos (friable).
542621 Barium cyanide.
71-43-2 Benzene.
92-87-5 Benzidine.
100470 Benzonitrile.
218019 Benzo(a)phenanthrene.
50328 Benzo(a)pyrene.
205992 Benzo(b)fluoranthene.
205823 Benzo(j)fluoranthene.
207089 Benzo(k)fluoranthene.
189559 Benzo(rst)pentaphene.
56553 Benzo(a)anthracene.
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 [1H-lsoindole-1,3(2H)-dione,3a,4>7,7a-tetrahydro-2-[(trichloromethyl)thio]-].
63-25-2 Carbaryl [1-Naphthalenol, methylcarbamate].
75-15-0 Carbon disulflde.
1563662 Carbofuran.
56-23-5 Carbon tetrachloride.
57-74-9 Chlordane [4,7-Methanoindan,1,2,4,5,6,7,8,8- octachlorc-2,3,3a,4,7,7a-hexahydro-].
7782-50-5 Chlorine.
59-50-7 4-Chloro 3-methyl 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.
75729 Chlorotrifluoromethane.
1066304 Chromic acetate.
11115745 Chromic acid.
10101538 Chromic sulfate.
7440-47-3 Chromium.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51275
ADDENDUM F—SECTION 313 WATER PRIORITY CHEMICALS—Continued
CAS No.
Common name
1308-14-1
10049055
7763437
544183
14017415
7440-50-8
108-39-4
9548-7
106-44-5
4170303
1319-77-3
142712
12002038
7447394
3251238
5893663
7758987
10380297
815827
57-12-5
506774
333415
94-75-7
226368
224420
5385751
192654
53703
189640
191300
194592
106-93-4
84-74-2
1929733
94804
2971382
1918009
95-50-1
541-73-1
106-46-7
91-94-1
75-27-4
107-06-2
75434
540-59-0
120-83-2
78-87-5
10061026
542-75-6
62-73-7
115-32-2
177-81-7
84-66-2
124403
57976
105-67-9
131-11-3
534-52-1
51-28-5
121-14-2
606-20-2
117-84-0
122-66-7
94111
106-89-8
1320189
330541
100-41-1
106934
50-00-0
76-44-8
118-74-1
Chromium (Tri).
Chromous chloride. '
Cobaltous bromide.
Cobaltous formate.
Cobaltous sulfamate.
Copper.
m-Cresol.
o-Cresol.
p-Cresol.
Crotonaldehyde.
Crespl (mixed isomers).
Cupric acetate.
Cupric acetoarsenite.
Cupric chloride.
Cupric nitrate.
Cupric oxalate.
Cupric sulfate.
Cupric sulfate, ammoniated.
Cupric tartrate.
Cyanide.
Cyanogen chloride.
Diazinon.
2,4-D [Acetic acid, (2,4-dichlorophenoxy)-].
Dibenz(a,h)acridine.
Dibenz(a,j)acridene.
Dibenzo(a,e)fluoranthene.
Dibenzo(a,e)pyrene.
Dibenzo(a,h)anthracene.
Dibenzo(a,l)pyrene.
Dibenzo(a,h)pyrene.
7,H-Dibenzo(c,g)carbazole.
1,2-Dibromoethane (Ethylene dibromide).
Dibutyl phthalate.
2,4 D Butoxyethyl ester.
2,4 D Butyl ester.
2,4 D Chlorocrotyl ester.
Dicamba.
1,2-Dichlorobenzene.
1,3-Dichlorobenzene.
1,4-Dichlorobenzene.
3,3'-Dichlorobenzidine.
Dichlorobromome thane.
1,2-Dichloroethane (Ethylene dichloride).
Dichlorofluoromethane.
1,2-Dichloroethylene.
2,4-Dichlorophenol.
1,2-Dichloropropane.
trans-1,3-Dichloropropene.
1,3-Dichloropropylene.
Dichlorvos [Phosphoric acid, 2,2-dichloroethenyl dimethyl ester].
Dioofol [Benzenemethanol, 4-ch!oro-.alpha.-(4-chlorophenyl)-.alpha.-(trichloromethyl)-].
Di-(2-ethylhexyl) phthalate (DEHP).
Diethyl phthalate.
Dimethylamine.
7,12-Dimethylbenz(a)anthracene.
2,4-Dimethylpheno).
Dimethyl phthalate.
4,6-Dinitro-o-cresol.
2,4-Dinitrophenol.
2,4-Dinitrotoluene.
2,6-Dinitrotoluene. :
n-Dioctyl phthalate.
1,2-Diphenylhydrazine (Hydrazobenzene).
2,4-D Isopropyl ester.
Epichlorohydrin.
2,4-D Propylene glycol butyl ether ester.
Diuron.
Ethylbenzene.
Ethylene dibromide.; ..'.''.
Formaldehyde.
Heptachlor [1,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetrahydro-4,7-methano-1 H-indene].
Hexachlorobenzene.
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51276
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
ADDENDUM F—SECTION 313 WATER PRIORITY CHEMICALS—Continued
CAS No.
Common name
319846 alpha-Hexachlorocyclohexane.
87-68-3 Hexachloro-1,3-butadiene.
77-47-4 Hexachlorocyclopentadiene.
67-72-1 Hexachloroethane.
7647-01-0 Hydrochloric acid.
74-90-8 Hydrogen cyanide.
7664-39-3 Hydrogen fluoride.
193395 Indenofl ,2,3-cd]pyrene.
7439-92-1 Lead.
301042 Lead acetate.
7784409 Lead arsenate.
7645252 Do.
10102484 Do.
7758954 Lead chloride.
13814965 Lead fluoborate.
7783462 Lead fluoride.
10101630 Lead iodide.
10099748 Lead nitrate.
7428480 Lead stearate.
1072351 Do.
52652592 Do.
7446142 Lead sulfate.
1314870 Lead sulfide.
592870 Lead thiocyanate.
58-89-9 Lindane [Cyclohexane, 1,2,3,4,5,6-hexachloro-(1 .alpha.,3.beta.,4.alpha.,5.alpha.,6.beta.)-].
14307258 Lithium chromate.
121755 Malathion.
108-31-6 Maleic anhydride.
592041 Mercuric cyanide.
10045940 Mercuric nitrate.
7783359 Mercuric sulfate.
592858 Mercuric thiocyanate.
7782867 Mercurous nitrate.
7439-97-6 Mercury.
72-43-5 Methoxychlor [Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-].
80-62-6 Methyl methacrylate.
75865 2-Methyllactonitrile.
3697243 5-Methylchrysene.
298000 Methyl parathion.
7786347 Mevinphos.
300765 Naled.
91-20-3 Naphthalene.
7440-02-0 Nickel.
15699180 Nickel ammonium sulfate.
37211055 Nickel chloride.
7718549 Do.
12054487 Nickel hydroxide.
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.
5522430 1-Nitropyrene.
62-75-9 N-Nitrosodimethylamine.
86-30-6 AMMitrosodiphenylamine.
621-64-7 W-Nrtrosodi-n-propylamihe.
56-38-2 Parathion [Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester].
87-86-5 Pentachlorophenol (PCP).
85018 Phenanthrene.
108-95-2 Phenol.
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.
2312358 Propargite.
75-56-9 Propylene oxide.
91-22-5 Quinoline.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51277
ADDENDUM F—SECTION 313 WATER PRIORITY CHEMICALS—Continued
CAS No.
Common name
7782-49-2 .....
7448084
7440-22-4
7761888
7631892
7784465
10588019
7775113
143339
7632000
10102188
7782823
7789062
NA
100-42-5
7664-93-9 ....
79-34-5
127-18-4
935-95-5
78002 ...
7440-28-0 ....
10031591
108-88-3
8001-35-2 ....
52-68-6
120-82-1
71-55-6
79-00-5
79-01-6
95-95-4
88-06-2
121448
7440-62-2 ....
108-05-4
75-01-^J
75-35-4
108-38-3
95-47-6
106-42-3
1330-20-7 ....
7440-66-6 ....
557346
14639975
14639986
52628258
1332076
7699458
3486359
7646857
557211
7783495
557415
7779864
7779886
127822
1314847
16871719
7733020
Selenium.
Selenium oxide.
Silver.
Silver nitrate.
Sodium arsenate.
Sodium arsenite.
Sodium bichromate.
Sodium chromate.
Sodium cyanide.
Sodium nitrite.
Sodium selenite.
Do.
Strontium chromate.
Strychnine and salts.
Styrene.
Sulfuric acid.
1,1,2,2-Tetrachloroethane.
Tetrachloroethylene (Perchloroethylene).
2,3,5,6-Tetrachlorophenol.
Tetraethyl lead.
Thallium.
Thallium sulfate.
Toluene.
Toxaphene.
Trichlorfon [Phosphonic acid, (2,2,2-trichloro-1-hydroxyethyl)-dImethylester].
1,2,4-Trichlorobenzene.
1,1,1-Trichloroethane (Methyl chloroform).
1,1,2-Trichloroethane.
Trichloroethylene.
2,4,5-Trichlorophenol.
2,4,6-Trichlorophenol.
Triethylamine.
Vanadium (fume or dust).
Vinyl acetate.
Vinyl chloride.
Vinylidene chloride.
/n-Xylene.
o-Xylene.
p-Xylene.
Xylene (mixed isomers).
Zinc (fume or dust).
Zinc acetate.
Zinc ammonium chloride.
Do.
Do.
Zinc borate.
Zinc bromide.
Zinc carbonate.
Zinc chloride.
Zinc cyanide.
Zinc fluoride.
Zinc formate.
Zinc hydrosulfite.
Zinc nitrate.
Zinc phenolsulfonate.
Zinc phosphide.
Zinc silicofluoride.
Zinc sulfate.
Addendum G—List of Applicable
Pflferences
Tho following guidance manuals
contain valuable information in
assisting permittees in complying with.
tho permit conditions of the multi-sector
general permit and are available from
The Office of Water Resources Center,
USEPA—RC-4100,401M Street, SW.,
Washington, DC 20460, Telephone:
(202) 260-7786.
Storm Water Management for
Industrial Activities, Developing
Pollution Prevention Plans and Best
Management Practices (EPA-832-R-92-
006, September 1992).
Summary: Storm Water Management
for Industrial Activities, Developing
Pollution Prevention Plans and Best
Management Practices (October 1992).
NPDES Storm Water Sampling
Guidance Document (EPA 833-B-92-
001, July 1992).
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51278
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /Notices
Addendum H—Endangered Species
Guidance
/. Instructions
Below is a list of species that EPA has
determined may be affected by the
activities covered by the multi-sector
general permit (MSGP). These species
are listed by county. In order to get
MSGP coverage, applicants must:
• Indicate in box provided on the NOI
whether any species listed in this
Addendum are in proximity to the
facility, and
• Certify pursuant to Section II.B.12
of the MSGP that their storm water
discharges, and BMPs constructed to
control storm water runoff, are not
likely, and will not be likely to
adversely affect species identified in
Addendum H of this permit.
To do this, please follow steps 1
through 4 below.
Step 1: Review the County Species List
to Determine if any Species are Located
in the Discharging Facility County
If no species are listed in a facility's
county or if a facility's county is not
found on the list, an applicant is eligible
for MSGP coverage and may indicate in
the NOI that no species are found in
proximity and provide the necessary
certification. If species are located in the
county, follow step 2 below. Where a
facility is located in more than one
county, the lists for all counties should
be reviewed.
Step 2: Determine if any Species may be
Found "In Proximity" to the Facility
A species is in proximity to a facility's
storm water discharge when the species
is:
• Located in the path or immediate
area through which or over which
contaminated point source storm •water
flows from industrial activities to the
point of discharge into the receiving
water.
• Located in the immediate vicinity
of, or nearby, the point of discharge into
receiving waters.
• Located in the area of a site where
storm water BMPs are planned or are to
be constructed.
The area in proximity to be searched/
surveyed for listed species will vary
with the size of the facility, the nature
and quantity of the storm water
discharges, and the type of receiving
waters. Given the number of facilities
potentially covered by the MSGP, no
specific method to determine whether
species are in proximity is required for
permit coverage under the MSGP.
Instead, applicants should use the
method or methods which best allow
them to determine to the best of their
knowledge whether species are in
proximity to their particular facility.
These methods may include:
• Conducting visual inspections: This
method maybe particularly suitable for
facilities that are smaller in size,
facilities located in non-natural settings
such as highly urbanized areas or
industrial parks where there is little or
no nature habitat; and facilities that
discharge directly into municipal storm
water collection systems. For other
facilities, a visual survey of the facility
site and storm water drainage areas may
be insufficient to determine whether
species are likely to be located in
proximity to the discharge.
• Contacting the nearest State
Wildlife Agency or U.S. Fish and
Wildlife Service (FWS) or National
Marine Fisheries Service (NMFS) offices.
Many endangered and threatened
species are found in well-defined areas
or habitats. That information is
frequently known to state or federal
wildlife agencies. FWS has offices in
every state. NMFS has regional offices
in: Gloucester, Massachusetts; St.
Petersburg, Florida; Long Beach,
California; Portland, Oregon; and
Juneau, Alaska.
• Contacting local/regional
conservation groups. These groups
inventory species and their locations
and maintain lists of sightings and
habitats.
• Conducting a formal biological
survey. Larger facilities with extensive
storm water discharges may choose to
conduct biological surveys as the most
effective way to assess whether species
are located in proximity and whether
there are likely adverse effects.
If no species are in proximity, an
applicant is eligible for MSGP coverage
and may indicate that in the NOI and
provide the necessary certification. If
listed species are found in proximity to
a facility, applicants must follow step 3
below.
Step 3: Determine if Species Could be
Adversely Affected by the Facility's
Storm Water Discharges or by BMPS to
Control Those Discharges
Scope of Adverse Effects: Potential
adverse effects from storm water
include:
• Hydrological. Storm water may
cause siltation, sedimentation or induce
other changes in the receiving waters
such as temperature, salinity or pH.
These effects will vary with the amount
of storm water discharged and the
volume and condition of the receiving
water. Where a storm water discharge
constitutes a minute portion of the total
volume of the receiving water, adverse
hydrological effects are less likely.
• Habitat. Storm water may drain or
inundate listed species habitat.
• Toxicity. In some cases, pollutants
in storm water may have toxic effects on
listed species.
The scope of effects to consider will
vary with each site. Applicants must
also consider the likelihood of adverse
effects on species from any BMPs to
control storm water. Most adverse
impact from BMPs are likely to occur
from the construction activities.
Using earlier ESA authorizations for
MSGP eligibility: hi some cases, a
facility may be eligible for MSGP
coverage because actual or potential
adverse affects were addressed or
discounted through an earlier ESA
authorization. Examples of such
authorization include:
• An earlier ESA section 7
consultation for that facility.
« A section 10(a) permit issued for
the facility.
• An area-wide Habitat Conservation
Plan applicable to that facility.
• A clearance letter from the Services
(which discounts the possibility of an
adverse impact from the facility).
In order for applicants to use an
earlier ESA authorization to meet
eligibility requirements: (1) The
authorization must adequately address ,
impacts for storm water discharges and
BMPs from the facility on endangered
and threatened species, (2) it must be
current because there have been no
subsequent changes in facility
operations or circumstances which
might impact species in ways not
considered in the earlier authorization,
and (3) the applicant must comply with
any requirements from those
authorizations to avoid or mitigate
adverse effects to species. Applicants
who wish to pursue this approach.
should carefully review documentation
for those authorizations ensure that the
above conditions are met.
If adverse effects are not likely, an
applicant is eligible for MSGP coverage
and may indicate in the NOI that
species are found in proximity and
provide the necessary certification. If
adverse effects are likely, follow step 4
below.
Step 4: Determine if Measures can be
Implemented to Avoid any Adverse
Effects
If an applicant determines that ,
adverse effects are likely, it can receive
coverage if appropriate measures are
undertaken to avoid or eliminate any
actual or potential adverse affects prior
to applying for permit coverage. These
measures may involve relatively simple
changes to facility operations such as re-
routing a storm water discharge to
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51279
bypass an area where species are
located.
At this stage, applicants may wish to
contact the FWS and/or NMFS to see
what appropriate measures might be
suitable to avoid or eliminate adverse
impacts to species.
If applicants adopt these measures,
they must continue to abide by them
during the course of permit coverage.
If appropriate measures are not
available, the applicant is not eligible at
that time for coverage under the MSGP.
Applicants should contact the
appropriate EPA regional office about
either:
• Entering into Section 7 consultation
in order to obtain MSGP coverage, or
• Obtaining an individual NPDES
storm water permit.
II. COUNTY/SPECIES LIST
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
ALASKA
ALEUTIAN ISLANDS
ALEUTIANS EAST ....
ALEUTIANS, WEST ..
NORTH SLOPE
ARIZONA
APACHE
COCHISE
COCONINO ,..
QILA
GRAHAM.
GREENLEE,
LAPAZ.
MARICOPA
MOHAVE.
NAVAJO
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
FISHES
PLANTS
BIRDS ...
FISHES
BIRDS ..
FISHES
PLANTS
SNAILS .
BIRDS ...
FISHES .
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS ..
FISHES
PLANTS
SNAILS .
BIRDS ...
FISHES .
GOOSE, ALEUTIAN CANADA
EIDER, STELLER'S
EIDER, STELLER'S
CURLEW, ESKIMO
EAGLE, BALD
MINNOW, LOACH
SPINEDACE, LITTLE COLORADO
TROUT, APACHE
SEDGE, NAVAJO
CRANE, WHOOPING
EAGLE, BALD
CATFISH, YAQUI
CHUB, YAQUI
PUPFISH, DESERT
SHINER, BEAUTIFUL
TOPMINNOW, GILA (YAQUI)
EAGLE. BALD
CHUB, HUMPBACK
SPINEDACE, LITTLE COLORADO
SUCKER, RAZORBACK
SEDGE, NAVAJO
AMBERSNAIL, KANAB
EAGLE, BALD
MINNOW, LOACH
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
TOPMINNOW, GILA (YAQUI)
EAGLE, BALD
MINNOW, LOACH
PUPFISH, DESERT
SPIKEDACE
SUCKER, RAZORBACK
TOPMINNOW, GILA (YAQUI)
TROUT, APACHE
EAGLE, BALD
MINNOW, LOACH
SPIKEDACE
SUCKER, RAZORBACK
TROUT, APACHE
EAGLE, BALD
RAIL, YUMA CLAPPER
CHUB, BONYTAIL
PUPFISH, DESERT
SUCKER, RAZORBACK
EAGLE. BALD
RAIL, YUMA CLAPPER
PUPFISH, DESERT
TOPMINNOW, GILA (YAQUI)
EAGLE, BALD
RAIL, YUMA CLAPPER
CHUB, BONYTAIL
CHUB, HUMPBACK
CHUB, VIRGIN RIVER
SUCKER, RAZORBACK
CYCLADENIA, JONES
AMBERSNAIL, KANAB
EAGLE, BALD
CHUB, HUMPBACK
MINNOW, LOACH
Branta canadensis leucopareia.
POLYSTICTA STELLERI.
POLYSTICTA STELLERI.
Numenius borealis.
Haliaeetus leucocephalus.
Tiaroga cobitls.
Lepidomeda vittata.
Salmo apache.
Carex specuicola.
Grus americana.
Haliaeetus leucocephalus.
Ictalurus prlcei.
Gila purpurea.
Cyprinodon macularius.
Notropls formosus.
Poeciliopsis occidentalls.
Haliaeetus leucocephalus.
Gila cypha.
Lepidomeda vittata.
XYRAUCHEN TEXANUS.
Carex specuicola.
OXYLOMA HAYDENI KANABENSIS.
Haliaeetus leucocephalus.
Tiaroga cobitis.
Ptychocheilus lucius.
XYRAUCHEN TEXANUS.
Poeciliopsis occidentalis.
Haliaeetus leucocephalus.
Tiaroga cobitis.
Cyprinodon macularius.
Meda fulgida.
XYRAUCHEN TEXANUS.
Poeciliopsis occidentalis.
Salmo apache.
Haliaeetus leucocephalus.
Tiaroga cobitis.
Meda fulgida.
XYRAUCHEN TEXANUS.
Salmo apache.
Haliaeetus leucocephalus.
Rallus longirostris yumanensis.
Gila elegans.
Cyprinodon macularius.
XYRAUCHEN TEXANUS.
Haliaeetus leucocephalus.
Rallus longirostris yumanensis.
Cyprinodon macularius.
Poeciliopsis occidentalis.
Haliaeetus leucocephalus.
Rallus longirostris yumanensis.
Gila elegans.
Gila cypha.
Gila robusta seminuda.
XYRAUCHEN TEXANUS.
Cycladenia humilis var. jonesii.
OXYLOMA HAYDENI KANABENSIS.
Haliaeetus leucocephalus.
Gila cypha.
Tiaroga cobitis.
-------
512.80
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
PIMA,
FINAL
SANTA CRUZ
YAVAPAI
YUMA
CALIFORNIA
ALAMEDA
ALPINE
AMADOR,
BUTTE
CALAVERAS
COLUSA
CONTRA COSTA ,
DEL NORTE
PLANTS
BIRDS
CRUSTACEAN
FISHES
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS
FISHES
BIRDS
CRUSTACEAN
FISHES
FISHES
BIRDS
BIRDS
CRUSTACEAN
FISHES
BIRDS .....
CRUSTACEAN
BIRDS
CRUSTACEAN
BIRDS
CRUSTACEAN
FISHES
AMPHIBIANS
BIRDS
SPINEDACE, LITTLE COLORADO
TROUT, APACHE
SEDGE, NAVAJO
EAGLE, BALD
TALUSSNAIL, SAN XAVIER
PUPFISH, DESERT
TOPMINNOW, GILA (YAQUI)
EAGLE, BALD
RAIL, YUMA CLAPPER
MINNOW, LOACH
PUPFISH, DESERT
SPIKEDACE
SUCKER, RAZORBACK
TOPMINNOW, GILA (YAQUI)
EAGLE, BALD
CHUB, SONORA
TOPMINNOW, GILA (YAQUI)
EAGLE, BALD
FALCON, PEREGRINE
PUPFISH, DESERT
SPIKEDACE
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
TOPMINNOW, GILA (YAQUI)
TROUT, GILA
EAGLE, BALD
FALCON, PEREGRINE
PELICAN, BROWN
RAIL, YUMA CLAPPER
SUCKER, RAZORBACK
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, CALIFORNIA CLAPPER
TERN, CALIFORNIA LEAST
LINDERIELLA, CALIFORNIA
SHRIMP, LONGHORN FAIRY
SHRIMP, VERNAL POOL FAIRY
SALMON, CHINOOK (SNAKE RIVER
SPRING.
TROUT, LAHONTAN CUTTHROAT
TROUT, PAIUTE CUTTHROAT
EAGLE, BALD
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
SHRIMP, CONSERVANCY FAIRY
SHRIMP, VERNAL POOL TADPOLE
SALMON, CHINOOK (WINTER-RUN)
EAGLE, BALD
SHRIMP, VERNAL POOL TADPOLE
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
SHRIMP, VERNAL POOL TADPOLE
GOOSE, ALEUTIAN CANADA
PELICAN, BROWN
RAIL, CALIFORNIA CLAPPER
TERN, CALIFORNIA LEAST
LINDERIELLA, CALIFORNIA
SHRIMP, LONGHORN FAIRY
SHRIMP, VERNAL POOL FAIRY
SALMON, CHINOOK (WINTER-RUN)
FROG, CALIFORNIA RED-LEGGED
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
Lepidomeda vittata.
Salmo apache.
Carex specuicola.
Haliaeetus leucocephalus.
SONORELLA EREMITA.
Cyprinodon macularius.
Poeciliopsis occidentalis.
Haliaeetus leucocephalus.
Rallus longirostris yumanensis.
Tiaroga cobitis.
Cyprinodon macularius.
Meda fulgida.
XYRAUCHEN TEXANUS.
Poeciliopsis occidentalis.
Haliaeetus leucocephalus.
Gila ditaenia.
Poeciliopsis occidentalis.
Haliaeetus leucocephalus.
Falco peregrinus.
Cyprinodon macularius.
Meda fulgida.
Ptychocheilus luoius.
XYRAUCHEN TEXANUS.
Poeciliopsis occidentalis.
Salmo gilae.
Haliaeetus leucocephalus.
Falco peregrinus.
Pelicanus occidentalis.
Rallus longirostris yumanensis.
XYRAUCHEN TEXANUS.
ALEXANDRINUS
EL DORADO
BIRDS EAGLE, BALD
Pelicanus occidentalis
CHARADRIUS
NIVOSUS.
Rallus longirostris obsoletus
Sterna antillarum browni
LINDERIELLA OCCIDENTALIS
BRANCHINECTA LONGIANTENNA
BRANCHINECTA LYNCHI
ONCORHYNCHUS TSHAWYTSCHA
Salmo clarki henshawi
Salmo clarki seleniris
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRANCINECTA CONSERVATIO
LEPIDURUS PACKARDI
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
LEPIDURUS PACKARDI
Haliaeetus leucocephalus
Branta canadensis leucopareia
LEPIDURUS PACKARDI
Branta canadensis leucopareia
Pelicanus occidentalis
Rallus longirostris obsoletus
Sterna antillarum browni
LINDERIELLA OCCIDENTALIS
BRANCHINECTA LONGIANTENNA
BRANCHINECTA LYNCHI
ONCORHYNCHUS TSHAWYTSCHA
RANA AURORA DRAYTONII
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Haliaeetus leucocephalus
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51281
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been' updated through March 31,1995.)
State/County
Group name
Inventory name
Scientific name
IR/FF*
FRESNO.
GLENN ...
HUMBOLDT
IMPERIAL,
INYO,
KERN ....
KINGS ...
LAKE
LASSEN
LOS ANGELES
MADERA
MARIN ....
CRUSTACEAN
FISHES
BIRDS
FISHES
BIRDS
CRUSTACEAN
FISHES
BIRDS
REPTILES
AMPHIBIANS
BIRDS
FISHES .
BIRDS ...
FISHES .
PUNTS
BIRDS
BIRDS
BIRDS
FISHES .
PLANTS
BIRDS
FISHES
AMPHIBIANS
BIRDS
FISHES .
PUNTS
BIRDS ..
FISHES
AMPHIBIANS
BIRDS
SHRIMP, VERNAL POOL TADPOLE .
TROUT, UHONTAN CUTTHROAT ...
EAGLE, BALD
TROUT, LITTLE KERN GOLDEN
TROUT, PAIUTE CUTTHROAT
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
MURRELET, MARBLED
SHRIMP, VERNAL POOL TADPOLE .
SALMON, CHINOOK (WINTER-RUN)
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
TURTLE, OLIVE (PACIFIC) RIDLEY SEA
TOAD, ARROYO SOUTHWESTERN
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
PELICAN, BROWN
RAIL, YUMA CUPPER
CHUB, BONYTAIL
PUPFISH, DESERT
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
CHUB, OWENS TUI
PUPFISH, OWENS ....
TROUT, UHONTAN CUTTHROAT ..,
CENTAURY, SPRING-LOVING
GUMPUNT, ASH MEADOWS
IVESIA, ASH MEADOWS
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
EAGLE, BALD
MURRELET, MARBLED
SPLITTAIL, SACRAMENTO
COYOTE-THISTLE, LOCH LOMOND,
GOLDFIELDS, BURKE'S
EAGLE, BALD
SUCKER, MODOC
TOAD, ARROYO SOUTHWESTERN ,
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, LIGHT-FOOTED CUPPER
TERN, CALIFORNIA LEAST
CHUB, MOHAVE TUI
STICKLEBACK, UNARMORED
THREESPINE.
BIRD'S-BEAK, SALT MARSH
BROOM, SAN CLEMENTE ISUND
BUSH-MALLOW, SAN CLEMENTE IS-
UND.
WATERCRESS, GAMBEL'S
EAGLE, BALD
TROUT, UHONTAN CUTTHROAT
TROUT, PAIUTE CUTTHROAT
FROG, CALIFORNIA RED-LEGGED
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, CALIFORNIA CUPPER
LEPIDURUS PACKARDI
Salmo clarki henshawi
Haliaeetus leucocephalus .-.
Salmo aguabonita white!
Salmo clarki seleniris
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
LEPIDURUS PACKARDI
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Lepidochelys olivacea
BUFO MICROSCAPHUS
CALIFORNICUS.
Haliaeetus leucocephalus
Branta canadensis leucopareia
Pelicanus occidentalis
Rallus longirostris yumanensis
Gila elegans
Cyprinodon macularius
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Haliaeetus leucocephalus
Branta canadensis leucopareia
Gila bicolor snyderi
Cyprinodon radiosus
Salmo clarki henshawi
Centauriumnamophilum var. namophi ....
Grindelia frafciqopratensis
Ivesia kingii var>eremica
Haliaeetus leucocephalus
Branta canadensis leucopareia
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
POGONICHTHYS MACROLEPIDOTUS ..
Eryngium Constance!
Lasthenia burkei
Haliaeetus leucocephalus
Catostomus microps
BUFO MICROSCAPHUS
CALIFORNICUS.
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris levipes
Sterna antillarum browni
Gila bicolor mohavensis
Gasterosteus aculeatus Williamson!
Cordylanthus maritimus ssp. mariti
Lotus dendroideus ssp. traskiae
Malacothamnus clementinus
RORIPPA GAMBELLII
Haliaeetus leucocephalus
Salmo clarki henshawi
Salmo clarki seleniris
RANA AURORA DRAYTONII
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris obsoletus
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
MARIPOSA ....
MENDOCINO
MERCED
MODOC
MONO
MONTEREY
NAPA .
NEVADA .
ORANGE
PLACER
PLUMAS
RIVERSIDE
CRUSTACEAN
FISHES
BIRDS
BIRDS
MAMMALS
PLANTS ....
REPTILES .
BIRDS
CRUSTACEAN
BIRDS ..
FISHES
BIRDS ..
FISHES
AMPHIBIANS
BIRDS
CRUSTACEAN
MAMMALS
REPTILES .
BIRDS
CRUSTACEAN
FISHES
BIRDS
FISHES
AMPHIBIANS ...
BIRDS
CRUSTACEAN
PLANTS ,
BIRDS ,
CRUSTACEAN
FISHES
BIRDS
AMPHIBIANS
SHRIMP, CALIFORNIA FRESHWATER
SALMON, CHINOOK (WINTER-RUN) ...
EAGLE, BALD
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
BEAVER, POINT ARENA MOUNTAIN ....
GOLDFIELDS, BURKE'S
TURTLE, OLIVE (PACIFIC) RIDLEY SEA
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
LINDER1ELLA, CALIFORNIA
SHRIMP, CONSERVANCY FAIRY
SHRIMP, VERNAL POOL FAIRY
EAGLE, BALD
SUCKER, LOST RIVER
SUCKER, MODOC
SUCKER, SHORTNOSE
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
CHUB, OWENS TUI
PUPFISH, OWENS
TROUT, LAHONTAN CUTTHROAT
TROUT, PAIUTE CUTTHROAT
SALAMANDER, SANTA CRUZ LONG-
TOED.
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, CALIFORNIA CLAPPER
TERN, CALIFORNIA LEAST
LINDERIELLA, CALIFORNIA
SHRIMP, VERNAL POOL FAIRY
OTTER, SOUTHERN SEA
TURTLE, OLIVE (PACIFIC) RIDLEY SEA
EAGLE, BALD
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, CALIFORNIA CLAPPER
LINDERIELLA, CALIFORNIA
SHRIMP, CALIFORNIA FRESHWATER
SALMON, CHINOOK (WINTER-RUN) ...
EAGLE, BALD
TROUT, LAHONTAN CUTTHROAT
TOAD, ARROYO SOUTHWESTERN ....
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, LIGHT-FOOTED CLAPPER
TERN, CALIFORNIA LEAST
SHRIMP, RIVERSIDE FAIRY
BIRD'S-BEAK, SALT MARSH
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
LINDERIELLA, CALIFORNIA
SHRIMP, VERNAL POOL FAIRY
SHRIMP, VERNAL POOL TADPOLE
TROUT, LAHONTAN CUTTHROAT ..
EAGLE, BALD
SALAMANDER, DESERT SLENDER
TOAD, ARROYO SOUTHWESTERN
Syncaris pacifica
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Aplodontia rufa nigra
Lasthenia burkei
Lepidochelys olivacea
Haliaeetus leucocephalus
Branta canadensis leucopareia
LINDERIELLA OCCIDENTALIS
BRANCINECTA CONSERVATIO
BRANCHINECTA LYNCHI
Haliaeetus leucocephalus ....
Deltistes luxatus
Catostomus microps
Chasmistes brevirostris
Haliaeetus leucocephalus
Branta canadensis leucopareia
Gila bicolor snyderi
Cyprinodon radiosus
Salmo clarki henshawi
Salmo clarki seleniris
Ambystoma macrodactylum croceum
BIRDS EAGLE, BALD
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris obsoletus
Sterna antillarum browni
LINDERIELLA OCCIDENTALIS
BRANCHINECTA LYNCHI
Enhydra lutris nereis
Lepidochelys olivacea
Haliaeetus leucocephalus
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris obsoletus
LINDERIELLA OCCIDENTALIS
Syncaris pacifica
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
Salmo clarki henshawi
BUFO MICROSCAPHUS
CALIFORNICUS.
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris levipes '.....
Sterna antillarum browni
STREPTOCEPHALUS WOOTTONI
Cordylanthus maritimus ssp. mariti
Haliaeetus leucocephalus ..„
Branta canadensis leucopareia
LINDERIELLA OCCIDENTALIS
BRANCHINECTA LYNCHI
LEPIDURUS PACKARD! ,
Salmo clarki henshawi :
Haliaeetus leucocephalus
Batrachoseps aridus
BUFO MICROSCAPHUS
CALIFORNICUS.
Haliaeetus leucocephalus
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51283
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and Bounty. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
CRUSTACEAN
FISHES
PLANTS
SACRAMENTO
BIRDS
CRUSTACEAN
FISHES
SAN BENITO
SAN BERNARDINO ..
BIRDS
AMPHIBIANS
BIRDS
FISHES
PLANTS
SAN DIEGO
AMPHIBIANS
BIRDS
CRUSTACEAN
FISHES
PLANTS
SAN FRANCISCO
REPTILES
BIRDS
PELICAN, BROWN
RAIL, YUMA CLAPPER
LINDERIELLA, CALIFORNIA
SHRIMP, RIVERSIDE FAIRY
SHRIMP, VERNAL POOL FAIRY
CHUB, BONYTAIL
PUPFISH, DESERT
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
BUTTON-CELERY, SAN DIEGO .
GRASS, CALIFORNIA ORCUTT
MILK-VETCH, COACHELLA VALLEY
MINT, OTAY MESA
EAGLE, BALD
GOOSE, ALEUTIAN CANADA .
PLOVER, WESTERN SNOWY
LINDERIELLA, CALIFORNIA
SHRIMP, VERNAL POOL FAIRY
SHRIMP, VERNAL POOL TADPOLE .
SALMON, CHINOOK (WINTER-RUN)
SMELT, DELTA
EAGLE, BALD
TOAD, ARROYO SOUTHWESTERN .
EAGLE, BALD
PLOVER, WESTERN SNOWY
RAIL, YUMA CLAPPER
CHUB, BONYTAIL
CHUB, MOHAVE TUI
PUPFISH, DESERT
SQUAWFISH, COLORADO
STICKLEBACK, UNARMORED
THREESPINE.
SUCKER, RAZORBACK
CHECKER-MALLOW, PEDATE
OXYTHECA, CUSHENBURY
WATERCRESS, GAMBEL'S
TOAD, ARROYO SOUTHWESTERN
EAGLE, BALD
GOOSE, ALEUTIAN CANADA .
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, LIGHT-FOOTED CLAPPER
TERN, CALIFORNIA LEAST
SHRIMP, RIVERSIDE FAIRY
CHUB, MOHAVE TUI
PUPFISH, DESERT
SHRIMP, SAN DIEGO FAIRY
STICKLEBACK, UNARMORED
THREESPINE.
BIRD'S-BEAK, SALT MARSH
BUTTON-CELERY, SAN DIEGO
GRASS, CALIFORNIA ORCUTT
MINT, OTAY MESA
MINT, SAN DIEGO MESA
WATERCRESS, GAMBEL'S
TURTLE, GREEN SEA '.
TURTLE, OLIVE (PACIFIC) RIDLEY SEA
GOOSE, ALEUTIAN CANADA
PELICAN, BROWN
PLOVER, WESTERN SNOWY
Pelicanus occidentalis ,
Rallus longirostris yumanensis
LINDERIELLA OCCIDENTALIS
STREPTOCEPHALUS WOOTTONI
BRANCHINECTA LYNCHI
Gila elegans
Cyprinodon macularius
Ptychocheilus lucius
XYRAUCHEN TEXANUS
ERYNGIUM ARISTULATUM VAR.
PARISHII.
ORCUTTIA CALIFORNIA
ASTRAGALUS LENTIGINOSUS VAR.
COACH.
POGOGYNE NUDIUSCULA
Haliaeetus leucocephalus
Branta canadensis leucopareia
CHARADRIUS ALEXANDRINUS
NIVOSUS.
LINDERIELLA OCCIDENTALIS
BRANCHINECTA LYNCHI
LEPIDURUS PACKARDI
ONCORHYNCHUS TSHAWYTSCHA
HYPOMESUS TRANSPACIFICUS
Haliaeetus leucocephalus
BUFO MICROSCAPHUS
CALIFORNICUS.
Haliaeetus leucocephalus
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris yumanensis
'Gila elegans
Gila bicolor mohavensis
Cyprinodon macularius
Ptychocheilus lucius
Gasterosteus aculeatus Williamson!
VAR.
XYRAUCHEN TEXANUS
Sidalcea pedata
OXYTHECA PARISHII
GOODMANIANA.
RORIPPA GAMBELLII
BUFO MICROSCAPHUS
CALIFORNICUS.
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis :
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris levipes
Sterna antillarum browni
STREPTOCEPHALUS WOOTTONI
Gila bicolor mohavensis
Cyprinodon macularius
BRANCHINECTA SANDIEGOENSIS
Gasterosteus aculeatus Williamson!
Cordylanthus maritimus ssp. maritimus ...
ERYNGIUM ARISTULATUM VAR.
PARISHII.
ORCUTTIA CALIFORNICA
POGOGYNE NUDIUSCULA
Pogogyne abramsii
RORIPPA GAMBELLII
Chelonia mydas
Lepidochelys olivacea
Branta canadensis leucopareia
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
51284
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
SAN JOAQUIN
SAN LUIS OBISPO ...
SAN MATED
SANTA BARBARA
SANTA CLARA
SANTA CRUZ
SHASTA
SIERRA ...,
SISKIYOU
BIRDS ;..,
CRUSTACEAN
FISHES
BIRDS
CRUSTACEAN
MAMMALS
PLANTS ....
BIRDS
CRUSTACEAN
PLANTS
AMPHIBIANS ...
BIRDS
CRUSTACEAN
FISHES
MAMMALS
PLANTS ....
BIRDS
PLANTS
AMPHIBIANS
BIRDS
MAMMALS
AMPHIBIANS ...
BIRDS
CRUSTACEAN
FISHES
BIRDS ..
FISHES
BIRDS ..
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
LINDERIELLA, CALIFORNIA
SHRIMP, VERNAL POOL FAIRY
SHRIMP, VERNAL POOL TADPOLE .
SALMON, CHINOOK (WINTER-RUN)
SMELT, DELTA
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, CALIFORNIA CLAPPER
TERN, CALIFORNIA LEAST
LINDERIELLA, CALIFORNIA
SHRIMP, LONGHORN FAIRY .......
OTTER, SOUTHERN SEA
BIRD'S-BEAK, SALT MARSH
SANDWORT, MARSH
SEA-BLITE, CALIFORNIA
THISTLE, CHORRO CREEK BOG
WATERCRESS, GAMBEL'S ....
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, CALIFORNIA CLAPPER
TERN, CALIFORNIA LEAST
LINDERIELLA, CALIFORNIA
THISTLE, FOUNTAIN
TOAD, ARROYO SOUTHWESTERN
EAGLE, BALD
GOOSE, ALEUTIAN CANADA .
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, LIGHT-FOOTED CLAPPER
TERN, CALIFORNIA LEAST
LINDERIELLA, CALIFORNIA
STICKLEBACK, UNARMORED
THREESPINE.
SEAL, GUADALUPE FUR
BIRD'S-BEAK, SALT MARSH
EAGLE, BALD
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, CALIFORNIA CLAPPER
TERN, CALIFORNIA LEAST
THISTLE, FOUNTAIN
SALAMANDER, SANTA CRUZ LONG-
TOED.
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
OTTER, SOUTHERN SEA
FROG, CALIFORNIA RED-LEGGED
EAGLE, BALD
CRAYFISH, SHASTA
SHRIMP, VERNAL POOL TADPOLE
SALMON, CHINOOK (WINTER-RUN)
EAGLE, BALD
TROUT, LAHONTAN CUTTHROAT
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
Haliaeetus leucocephalus
Branta canadensis leucopareia
LINDERIELLA OCCIDENTALS
BRANCHINECTA LYNCHI
LEPIDURUS PACKARDI
ONCORHYNCHUS TSHAWYTSCHA
HYPOMESUS TRANSPACIFICUS
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris obsoletus
Sterna antillarum browni
LINDERIELLA OCCIDENTALIS
BRANCHINECTA LONGIANTENNA
Enhydra lutris nereis
Cordylanthus maritimus ssp. maritimus ...
ARENARIA PALUDICOLA
SUAEDA CALIFORNIA
CIRSIUM FONTINALE VAR.
OBISPOENSE.
RORIPPA GAMBELLII
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris obsoletus
Sterna antillarum browni
LINDERIELLA OCCIDENTALIS
CIRSIUM FONTINALE VAR. FONTINALE
BUFO MICROSCAPHUS
CALIFORNICUS.
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris levipes
Sterna antillarum browni
LINDERIELLA OCCIDENTALIS
Gasterosteus aculeatus Williamson!
Arctocephalus townsendi
Cordylanthus maritimus ssp. maritimus ...
Haliaeetus leucocephalus
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris obsoletus
Sterna antillarum browni
CIRSIUM FONTINALE VAR. FONTINALE
Ambystoma macrodactylum croceum
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Enhydra lutris nereis
RANA AURORA DRAYTONII
Haliaeetus leucocephalus
Pacifasticus fortis
LEPIDURUS PACKARDI
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus ...
Salmo clarki henshawi „..
Haliaeetus leucocephalus
Branta canadensis leucopareia
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51285
II. COUNTY/SPECIES LIST—Continued
|The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995J
State/County
Group name
Inventory name
Scientific name
IR/FF*
SOLANO
SONOMA
STANISLAUS
SUTTER
TEHAMA.
TRINITY
TULARE
TUOLUMNE ..
VENTURA
YOLO ....
YUBA.
COLORADO
ADAMS
ALAMOSA
ARCHULETA
BACA .„
BENT
FISHES
BIRDS ..
CRUSTACEAN
FISHES .
PUNTS
BIRDS ...
CRUSTACEAN
FISHES .
PLANTS
BIRDS
CRUSTACEAN
BIRDS
CRUSTACEAN
FISHES
BIRDS
CRUSTACEAN
FISHES
BIRDS
BIRDS
FISHES
BIRDS
FISHES
AMPHIBIANS ...
BIRDS
CRUSTACEAN
PLANTS ...:
BIRDS
CRUSTACEAN
FISHES
BIRDS
CRUSTACEAN
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
MURRELET, MARBLED
SUCKER, LOST RIVER
GOOSE, ALEUTIAN CANADA
PELICAN, BROWN
RAIL, CALIFORNIA CLAPPER
LINDERIELLA, CALIFORNIA
SHRIMP, VERNAL POOL FAIRY
SHRIMP, VERNAL POOL TADPOLE .
SALMON, CHINOOK (WINTER-RUN)
SMELT, DELTA
GRASS, SOLANO
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, CALIFORNIA CLAPPER
LINDERIELLA, CALIFORNIA
SHRIMP, CALIFORNIA FRESHWATER
SALMON, CHINOOK (WINTER-RUN) ...
BIRD'S-BEAK, PENNELL'S
GOLDFIELDS, BURKE'S
STICKYSEED, BAKER'S
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
SHRIMP, VERNAL POOL TADPOLE .
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
SHRIMP, VERNAL POOL TADPOLE .
SALMON, CHINOOK (WINTER-RUN)
EAGLE, BALD
SHRIMP, VERNAL POOL TADPOLE .
SALMON, CHINOOK (WINTER-RUN)
EAGLE, BALD
EAGLE, BALD
TROUT, LITTLE KERN GOLDEN
EAGLE, BALD
TROUT, LAHONTAN CUTTHROAT ...
TOAD, ARROYO SOUTHWESTERN .
PELICAN, BROWN
PLOVER, WESTERN SNOWY
RAIL, LIGHT-FOOTED CLAPPER .
TERN, CALIFORNIA LEAST
LINDERIELLA, CALIFORNIA
SHRIMP, CONSERVANCY FAIRY
BIRD'S-BEAK, SALT MARSH
GRASS, CALIFORNIA ORCUTT ...
WATERCRESS, GAMBEL'S
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
PLOVER, WESTERN SNOWY
SHRIMP, VERNAL POOL TADPOLE .
SALMON, CHINOOK (WINTER-RUN)
SMELT, DELTA
EAGLE, BALD
PELICAN, BROWN
LINDERIELLA, CALIFORNIA
SHRIMP. VERNAL POOL FAIRY
SHRIMP, VERNAL POOL TADPOLE .
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
BRACHYRAMPHUS MARMORATUS
Deltistes luxatus
Branta canadensis leucopareia
Pelicanus occidental
Rallus longirostris obsoletus
LINDERIELLA OCCIDENTALS
BRANCHINECTA LYNCHI
LEPIDURUS PACKARD!
ONCORHYNCHUS TSHAWYTSCHA
HYPOMESUS TRANSPACIFICUS
Tuctoria mucronata (=Orcuttia m.)
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris obsoletus
LINDERIELLA OCCIDENTALIS
Syncaris pacifica
ONCORHYNCHUS TSHAWYTSCHA
CORDYLANTHUS TENUS
SSP.CAPILLARI.
Lasthenia burkei
Blennosperma bakeri
Haliaeetus leucocephalus
Branta canadensis leucopareia
LEPIDURUS PACKARDI
Haliaeetus leucocephalus
Branta canadensis leucopareia
LEPIDURUS PACKARDI
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
LEPIDURUS PACKARDI
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Salmo aguabonita white! ,
Haliaeetus leucocephalus
Salmo clarki henshawi
BUFO MICROSCAPHUS
CALIFORNICUS.
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Rallus longirostris levipes
Sterna antillarum browni
LINDERIELLA OCCIDENTALIS
BRANCINECTA CpNSERVATIO
Cordylanthus maritimus ssp. mariti
ORCUTTIA CALIFORNIA
RORIPPA GAMBELLII
Haliaeetus leucocephalus
Branta canadensis leucopareia
CHARADRIUS ALEXANDRINUS
NIVOSUS.
LEPIDURUS PACKARDI
ONCORHYNCHUS TSHAWYTSCHA ....:.
HYPOMESUS TRANSPACIFICUS
Haliaeetus leucocephalus
Pelicanus occidentalis
LINDERIELLA OCCIDENTALIS
BRANCHINECTA LYNCHI
LEPIDURUS PACKARDI
Haliaeetus leucocephalus
Grus americana
Haliaeetus leucocephaius
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
51286
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
BOULDER
CHAFFEE
CHEYENNE
CLEAR CREEK
CONEJOS .
COSTILLA
CUSTER
DELTA
DOLORES
DOUGLAS
EAGLE
EL PASO
FREMONT
GARFIELD
GRAND
GUNNISON
HINSDALE
HUERFANO
JACKSON
JEFFERSON
KIOWA
LA PLATA
LAKE
LARIMER
LAS ANIMAS
LINCOLN
LOGAN
MESA
MOFFAT
MONTEZUMA
MONTROSE
MORGAN
OTERO
OURAY ...
PARK
PROWERS
PUEBLO
Group name
BIRDS
FISHES ..
PLANTS
BIRDS
BIRDS .
FISHES :...
BIRDS
BIRDS
FISHES
BIRDS
FISHES
BIRDS .....
BIRDS
FISHES
BIRDS
BIRDS
FISHES
BIRDS
BIRDS
FISHES
BIRDS
BIRDS
BIRDS
BIRDS
FISHES
BIRDS
BIRDS
PLANTS .
BIRDS
BIRDS
FISHES
BIRDS
FISHES
BIRDS
BIRDS
BIRDS
BIRDS
FISHES
BIRDS . . .
FISHES
BIRDS
FISHES
BIRDS
BIRDS
PLANTS ..
BIRDS
BIRDS
BIRDS
FISHES
PLANTS
BIRDS
BIRDS '. ....
Inventory name
CRANE, WHOOPING
TROUT GREENBACK CUTTHROAT
LADIES'-TRESSES, UTE
EAGLE BALD
EAGLE BALD
TROUT, GREENBACK CUTTHROAT
CRANE WHOOPING
EAGLE BALD
CRANE, WHOOPING
TROUT, GREENBACK CUTTHROAT
CRANE, WHOOPING
EAGLE BALD ........
SQUAWFISH COLORADO
SUCKER, RAZORBACK
EAGLE, BALD ...
EAGLE BALD
TROUT, GREENBACK CUTTHROAT
EAGLE, BALD
EAGLE BALD
TROUT, GREENBACK CUTTHROAT
EAGLE, BALD
CRANE WHOOPING
EAGLE, BALD
SQUAWFISH, COLORADO
SUCKER, RAZORBACK ;.....
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
CRANE WHOOPING
EAGLE, BALD
EAGLE BALD .
TROUT, GREENBACK CUTTHROAT
EAGLE, BALD ;
EAGLE, BALD
LADIES'-TRESSES UTE
EAGLE BALD
EAGLE, BALD '.
TROUT GREENBACK CUTTHROAT
CRANE WHOOPING
EAGLE, BALD
TROUT, GREENBACK CUTTHROAT
EAGLE BALD
EAGLE BALD
EAGLE, BALD !
CRANE, WHOOPING
EAGLE BALD
CHUB, BONYTAIL
CHUB, HUMPBACK :
SQUAWFISH, COLORADO
SUCKER RAZORBACK
CRANE WHOOPING
EAGLE, BALD
CHUB, BONYTAIL I
CHUB, HUMPBACK
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
EAGLE BALD
SQUAWFISH, COLORADO
CRANE WHOOPING
EAGLE, BALD
EAGLE, BALD
LADIES'-TRESSES UTE
EAGLE, BALD
CRANE WHOOPING
EAGLE BALD . .
CRANE, WHOOPING
EAGLE BALD .
TROUT, GREENBACK CUTTHROAT
MUSTARD PENLAND ALPINE FEN
EAGLE, BALD '....'.
EAGLE, BALD '.
Scientific name
Grus americana
Salmo clarki stomias
Spiranthes diluvialis
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Salmo clarki stomias
Grus americana
Haliaeetus leucocephalus
Grus americana
Salmo clarki stomias
Grus americana
Haliaeetus leucocephalus
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Salmo clarki stomias
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Salmo clarki stomias
Haliaeetus leucocephalus
Grus americana *
Haliaeetus leucocephalus
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Haliaeetus leucocephalus
Grus americana
Haliaeetus leucocephalus
Grus americana . .
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Salmo clarki stomias
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Spiranthes diluvialis
Haliaeetus leucocephalus
Salmo clarki stomias
Grus americana
Haliaeetus leucocephalus
Salmo clarki stomias
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Grus americana
Haliaeetus leucocephalus
Gila elegahs
Gila cypha
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Grus americana
Haliaeetus leucocephalus
Gila elegans
Gila cypha
Ptychocheilus lucius I..
XYRAUCHEN TEXANUS
Haliaeetus leucocephalus
Ptychocheilus lucius
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Spiranthes diluvialis
Haliaeetus leucocephalus
Grus americana
Haliaeetus leucocephalus ' '
Grus americana
Haliaeetus leucocephalus
Salmo clarki stomias
Eutrema penlandii
Haliaeetus leucocephalus '
Haliaeetus leucoceohalus •;.
IR/FF*
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR -
IR
IR
IR ' i
IR • ;
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51287
II. COUNTY/SPECIES LIST—Continued
[Tha following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
RIO BLANCO
RIO GRANDE
ROUTT
SAGUACHE
SAN JUAN
SAN MIGUEL .
SEDGWICK
SUMMIT
WASHINGTON
WELD
YUMA
CONNECTICUT
FAIRFIELD
HARTFORD
LITCHFIELD
MIDDLESEX
NEW HAVEN
NEW LONDON . .
WINDHAM
DISTRICT OF
COLUMBIA
DISTRICT OF CO-
LUMBIA.
DELAWARE
KENT
NEW CASTLE . .
SUSSEX
FLORIDA
ALACHUA
BAKER
BAY
Group name
BIRDS
FISHES
BIRDS
BIRDS
BIRDS
BIRDS •
BIRDS
BIRDS
BIRDS
PLANTS
BIRDS
BIRDS
PLANTS
BIRDS
BIRDS
BIRDS
FISHES . ...
BIRDS
BIRDS
FISHES
BIRDS
BIRDS
BIRDS
BIRDS
CRUSTACEAN
BIRDS
FISHES
PLANTS
REPTILES
BIRDS
FISHES
PLANTS
BIRDS
PLANTS
REPTILES
BIRDS
CRUSTACEAN
BIRDS
BIRDS
FISHES
MAMMALS
PLANTS ..
REPTILES
Inventory name
CRANE WHOOPING
EAGLE BALD
SQUAWFISH COLORADO
CRANE WHOOPING
EAGLE BALD
EAGLE BALD
CRANE WHOOPING
EAGLE BALD
EAGLE, BALD
EAGLE BALD
EAGLE BALD
EAGLE, BALD
MUSTARD, PENLAND ALPINE FEN
EAGLE, BALD
CRANE, WHOOPING
EAGLE BALD
LADIES'-TRESSES, UTE
EAGLE, BALD
EAGLE BALD
PLOVER PIPING
EAGLE, BALD
STURGEON SHORTNOSE
EAGLE, BALD
EAGLE BALD
PLOVER, PIPING
STURGEON, SHORTNOSE
EAGLE BALD
PLOVER PIPING
TERN, ROSEATE
PLOVER PIPING
EAGLE, BALD
EAGLE, BALD
AMPHIPOD, HAY'S SPRING
EAGLE BALD
STURGEON, SHORTNOSE
PINK SWAMP
TURTLE, HAWKSBILL SEA
TURTLE KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
EAGLE BALD
STURGEON, SHORTNOSE
PINK, SWAMP
EAGLE, BALD
PLOVER, PIPING
PINK, SWAMP
TURTLE KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
STORK WOOD
SHRIMP, SQUIRREL CHIMNEY CAVE ...
STORK, WOOD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
BUTTERWORT GODFREY'S
TURTLE, GREEN SEA
TURTLE. HAWKSBILL SEA
Scientific name
Grus americana
Haliaeetus leucocephalus
Ptychocheilus lucius
Grus americana
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Grus americana
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Eutrema penlandii
Haliaeetus leucocephalus
Grus americana
Haliaeetus leucocephalus
Spiranthes diluvialis
Haliaeetus leucocephalus
Haliaeetus leucocephalus
+haradrius melodus
Haliaeetus leucocephalus
Acipenser brevirostrum
Haliaeetus leucocephalus
Haliaeetus leucocephalus .
+haradrius melodus
Acipenser brevirostrum
Haliaeetus leucocephalus . ...
+haradrius melodus
Sterna dougalli dougalli
+haradrius melodus
Haliaeetus leucocephalus
Haliaeetus leucocephalus.
Stygobromus hayi.
Haliaeetus leucocephalus
Acipenser brevirostrum
Helonias bullata
Eretmochelys imbricata
Lepidochelys kempii
Caretta caretta
Haliaeetus leucocephalus
Acipenser brevirostrum
Helonias bullata
Haliaeetus leucocephalus
+haradrius melodus
Helonias bullata
Lepidochelys kempii
Caretta caretta
Haliaeetus leucocephalus.
Mycteria americana.
Palaemonetes cummingi.
Mycteria americana.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
PINGUICULA IONANTHA.
Chelonia mydas.
Eretmochelvs imbricata.
IR/FF*
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
FF
FF
FF
FF
FF
FF
FF
FF
FF
FF
FF
FF
FF
FF
-------
51288
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
BRADFORD
BREVARD ...
BIRDS
BIRDS
MAMMALS
PLANTS ....
REPTILES .
BROWARD
BIRDS
MAMMALS
PLANTS ....
REPTILES .
CALHOUN ....
CHARLOTTE
BIRDS .'.
FISHES
BIRDS ..
MAMMALS
REPTILES .
CITRUS
BIRDS
FISHES
MAMMALS
REPTILES .
CLAY
BIRDS
COLLIER
FISHES
MAMMALS
BIRDS
MAMMALS
REPTILES .
COLUMBIA ,
DADE
BIRDS ..
FISHES
BIRDS ..
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
STORK, WOOD
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA)
SEAGRASS, JOHNSON'S
SNAKE, ATLANTIC SALT MARSH
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
SEAGRASS, JOHNSON'S
CROCODILE, AMERICAN
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
STORK, WOOD
STURGEON, GULF
EAGLE, BALD
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
STORK, WOOD
STURGEON, SHORTNOSE
MANATEE, WEST INDIAN (FLORIDA) ...
EAGLE, BALD
KITE, EVERGLADE SNAIL
PLOVER, PIPING :
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
CROCODILE, AMERICAN
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
STORK, WOOD
STURGEON, GULF
EAGLE, BALD '.
KITE, EVERGLADE SNAIL
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Haliaeetus leucocephalus.
-t-haradrius melodus.
Mycteria americana.
Trichechus manatus.
Halophila johnsonii.
Nerodia fasciata taeniata.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Trichechus manatus.
Halophila johnsonii.
Crocodylus acutus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Mycteria americana.'
Acipenser oxyrhynchus desotoi.
Haliaeetus leucocephalus.
Mycteria americana.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Lepidochelys kempii.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser brevirostrum.
Trichechus manatus.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
+haradrius melodus.
Mycteria americana.
Trichechus manatus.
Crocodylus acutus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51289
II. COUNTY/SPECIES LIST—Continued
[The following list Identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
MAMMALS
PLANTS ....
REPTILES .
DE SOTO ....
DIXIE
BIRDS
BIRDS
FISHES
MAMMALS
REPTILES .
DUVAL ....
BIRDS
FISHES
MAMMALS
REPTILES .
ESCAMBIA
BIRDS
FISHES ....
REPTILES
FLAGLER
BIRDS
MAMMALS
REPTILES .
FRANKLIN ,
BIRDS
FISHES
PLANTS ....
REPTILES .
GADSDEN
GILCHRIST
GLADES
BIRDS
FISHES
BIRDS ..
FISHES
BIRDS ..
FISHES
PLOVER, PIPING
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
SEAGRASS, JOHNSON'S
CROCODILE, AMERICAN
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE. LOGGERHEAD SEA
EAGLE, BALD
STORK, WOOD
EAGLE, BALD
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, SHORTNOSE
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
BEAUTY, HARPER'S
BUTTERWORT, GODFREY'S
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD ,
STORK, WOOD
STURGEON, GULF
STORK, WOOD
STURGEON, GULF
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
STURGEON, GULF
+haradrius melodus.
Mycteria americana.
Trichechus manatus.
Halophila johnsonii.
Crocodylus acutus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Lepidochelys kempii.
Caretta caretta.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser brevirostrum.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea. ,
Caretta caretta.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Harperocallis flava.
PINGUICULA IONANTHA.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
-------
51290
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
GULF
HAMILTON
HARDEE ....
HENDRY ...
HERNANDO
HIGHLANDS
HILLSBOROUGH
HOLMES
INDIAN RIVER
JACKSON ....
JEFFERSON
LAFAYETTE
MAMMALS
BIRDS
FISHES
MAMMALS
PLANTS ....
REPTILES .
BIRDS ..
FISHES
BIRDS ..
BIRDS
MAMMALS
BIRDS
MAMMALS
PLANTS ....
REPTILES
BIRDS
BIRDS
FISHES
MAMMALS
REPTILES .
BIRDS
BIRDS
MAMMALS
PLANTS ....
REPTILES .
BIRDS ..
FISHES
BIRDS ..
FISHES .
PLANTS
REPTILES
BIRDS ..
FISHES
MANATEE, WEST INDIAN (FLORIDA)
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA)
BUTTERWORT, GODFREY'S
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
STORK, WOOD
STURGEON, GULF
EAGLE, BALD
STORK, WOOD
EAGLE, BALD
KITE/EVERGLADE SNAIL
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
EAGLE, BALD
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
BELLFLOWER, BROOKSVILLE
WATER-WILLOW, COOLEY'S
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
STORK, WOOD
EAGLE, BALD
KITE, EVERGLADE SNAIL ..'
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
SEAGRASS, JOHNSON'S
SNAKE, ATLANTIC SALT MARSH
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA ...„
STORK, WOOD
STURGEON, GULF
EAGLE, BALD
STORK, WOOD
STURGEON, GULF
GOOSEBERRY, MICCOSUKEE (FLOR-
IDA).
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA '....:....
STORK, WOOD
STURGEON, GULF
Trichechus manatus.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
PINGUICULA IONANTHA.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Caretta caretta.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Haliaeetus leucocephalus.
Mycteria americana.
Haliaeetus leucocephalus.:
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Trichechus manatus.
Haliaeetus leucocephalus.
Mycteria americana.
Trichechus manatus.
Campanula robinsiae.
Justicia cooleyi.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Mycteria americana.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Trichechus manatus.
Halophila johnsonii.
Nerodia fasciata taeniata.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Ribes echinellum.
Chelonia mydas.
Lepidochelys kempii.
Daretta caretta.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51291
II. COUNTY/SPECIES LIST—Continued
[The following list Identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
LAKE
LEE,
LEON
LEW
LIBERTY
MADISON .
MANATEE
MARION
MARTIN ....
BIRDS
MAMMALS
BIRDS
MAMMALS
REPTILES .
BIRDS
BIRDS
FISHES
MAMMALS
REPTILES .
BIRDS
FISHES .
PLANTS
BIRDS ..
FISHES
BIRDS ..
FISHES
MAMMALS
REPTILES .
BIRDS
MAMMALS
BIRDS
MAMMALS
PLANTS ....
REPTILES .
MONROE ....
BIRDS
MAMMALS
REPTILES .
EAGLE,BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
EAGLE, BALD
KITE, EVERGLADE SNAIL
PLOVER, PIPING
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
CROCODILE, AMERICAN
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
STORK, WOOD
EAGLE, BALD
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
STORK, WOOD
STURGEON, GULF
BEAUTY, HARPER'S
BUTTERWORT, GODFREY'S
STORK, WOOD
STURGEON, GULF
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
EAGLE, BALD
KITE, EVERGLADE SNAIL
PLOVER, PIPING :
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
SEAGRASS, JOHNSON'S
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE,BALD
KITE, EVERGLADE SNAIL
PLOVER, PIPING
STORK, WOOD
TERN, ROSEATE
MANATEE, WEST INDIAN (FLORIDA)
CROCODILE, AMERICAN
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
: SEA.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Trichechus manatus.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
+haradrius melodus.
Mycteria americana.
Trichechus manatus.
Crocodylus acutus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Lepidochelys kempii.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Harperocallis flava.
PINGUICULA IONANTHA.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Trichechus manatus.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
•t-haradrius melodus.
Mycteria americana.
Trichechus manatus.
Halophila johnsonii.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
+haradrius melodus.
Mycteria americana.
Sterna dougalli dougalli.
Trichechus manatus.
Crocodylus acutus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
-------
51292
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
NASSAU
BIRDS
MAMMALS
REPTILES .
OKALOOSA
BIRDS
FISHES
REPTILES ,
OKEECHOBEE
ORANGE
OSCEOLA
PALM BEACH ..
BIRDS
MAMMALS
BIRDS
BIRDS
BIRDS
MAMMALS
PLANTS ....
PASCO
REPTILES
BIRDS
FISHES
MAMMALS
REPTILES .
PINELLAS
BIRDS
FISHES
MAMMALS
REPTILES .
POLK
PUTNAM
BIRDS
BIRDS ..
FISHES
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
PLOVER, PIPING
STORK, WOOD
DARTER, OKALOOSA
STURGEON, GULF
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
EAGLE, BALD
KITE, EVERGLADE SNAIL
PLOVER, PIPING
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
GOURD, OKEECHOBEE
SEAGRASS, JOHNSON'S
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
EAGLE, BALD
STORK, WOOD
STURGEON, SHORTNOSE
Dermochelys coriacea.
Caretta caretta.
Mycteria americana.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
-t-haradrius melodus.
Mycteria americana.
Etheostoma okaloosae.
Acipenser oxyrhynchus desotoi.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Trichechus manatus.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
+haradrius melodus.
Mycteria americana.
Trichechus manatus.
CUCURBITA OKEECHEOBEENSIS.
Halophila johnsonii.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser brevirostrum.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51293
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
SANTA ROSA
MAMMALS
BIRDS
FISHES ....
REPTILES
SARASOTA.
BIRDS
MAMMALS
REPTILES .
SEMINOLE .
ST. JOHNS,
BIRDS
MAMMALS
BIRDS
MAMMALS
REPTILES .
ST. LUCIE
BIRDS ....
MAMMALS
PLANTS ....
REPTILES .
SUMTER
SUWANNEE ,
TAYLOR
BIRDS
BIRDS
FISHES
BIRDS ..
FISHES
MAMMALS
REPTILES .
UNtON ....
VOLUSIA
BIRDS
BIRDS
MAMMALS
REPTILES .
MANATEE, WEST INDIAN (FLORIDA) ...
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
STORK. WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA ...
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE. BALD
KITE, EVERGLADE SNAIL
PLOVER, PIPING
STORK, WOOD
MANATEE, WEST INDIAN (FLORIDA) ...
SEAGRASS, JOHNSON'S
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
KITE, EVERGLADE SNAIL
STORK, WOOD
EAGLE, BALD
STORK, WOOD
STURGEON, GULF
EAGLE, BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
STORK, WOOD
EAGLE, BALD
KITE, EVERGLADE SNAIL
PLOVER, PIPING
STORK, WOOD i
MANATEE, WEST INDIAN (FLORIDA) ...
SNAKE, ATLANTIC SALT MARSH .....
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
Trichechus manatus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
•i-haradrius melodus.
Mycteria americana.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Mycteria americana.
Trichechus manatus.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
+haradrius melodus.
Mycteria americana.
Trichechus manatus.
Halophila johnsonii.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Haliaeetus leucocephalus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Lepidochelys kempii.
Caretta caretta.
Mycteria americana.
Haliaeetus leucocephalus.
Rostrhamus sociabilis plumbeus.
•fharadrius melodus.
Mycteria americana.
Trichechus manatus.
Nerodia fasciata taeniata.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
-------
51294
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.J
State/County
Group name
Inventory name
Scientific name
IR/FF*
WAKULLA
WALTON
WASHINGTON
IDAHO
ADA
ADAMS
BANNOCK ...
BEAR LAKE
BENEWAH ..
BINGHAM ....
BLAINE
BOISE ....
BONNER
BONNEVILLE
BOUNDARY ..
BUTTE ....
CAMAS ...
CANYON
CARIBOU
CASSIA ...
CLARK ,
CLEARWATER ,
CUSTER
ELMORE
BIRDS
FISHES
MAMMALS
REPTILES .
BIRDS ..
FISHES
PLANTS ...
REPTILES
BIRDS
FISHES
BIRDS ..
FISHES
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
FISHES
BIRDS
BIRDS
MAMMALS
BIRDS
BIRDS
MAMMALS
BIRDS
BIRDS
BIRDS
FISHES
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
BIRDS ..
FISHES
MAMMALS
BIRDS
FISHES
BIRDS ..
CLAMS .
FISHES
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE,BALD
PLOVER, PIPING
STORK, WOOD
STURGEON, GULF
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
PLOVER, PIPING
STORK, WOOD
DARTER, OKALOOSA
STURGEON, GULF
MEADOWRUE, COOLETS
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
STORK, WOOD
SALMON, CHINOOK (SNAKE RIVER
SPRING.
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING.
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
SALMON, CHINOOK
SALMON, CHINOOK (SNAKE RIVER
SPRING.
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
EAGLE, BALD
BEAR, GRIZZLY
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
BEAR, GRIZZLY
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD .....
SALMON, CHINOOK (SNAKE RIVER
SPRING.
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING.
EAGLE, BALD
EAGLE, BALD
SALMON, CHINOOK
SALMON, CHINOOK (SNAKE RIVER
SPRING.
BEAR, GRIZZLY
EAGLE, BALD
SALMON, CHINOOK
SALMON, CHINOOK (SNAKE RIVER
SPRING.
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD ;
LIMPET, BANBURY SPRINGS
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
+haradrius melodus.
Mycteria americana.
Acipenser oxyrhynchus desotoi.
Trichechus manatus.
Chelonia mydas.
Lepidochelys kempii.
Caretta caretta.
+haradrius melodus.
Mycteria americana.
Etheostoma okaloosae.
Acipenser oxyrhynchus desotoi.
Thalictrum cooleyi.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Mycteria americana.
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWSTSCHA.
ONCORHYNCHUS TSHAWYTSCHA.
ONCORHYNCHUS NERKA.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Ursus arctos (=U.a. horribilis).
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Ursus arctos (=U.a. horribilis).
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Grus americana. ,
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWSTSCHA.
ONCORHYNCHUS TSHAWYTSCHA.
Ursus arctos (=U.a. horribilis).
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWSTSCHA.
ONCORHYNCHUS TSHAWYTSCHA.
ONCORHYNCHUS NERKA.
Haliaeetus leucocephalus.
Lanx n. sp..
ONCORHYNCHUS TSHAWYTSCHA.
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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51295
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
FRANKUN ,
FREMONT,
GEM
GOODING
IDAHO
JEFFERSON
JEROME
KOOTENAI
UTAH
LEMHl
LEWIS
MADISON ,
MINIDOKA ,
NEZ PERCE.
OWYHEE ....
PAYETTE ..
POWER .....
SHOSHONE
TETON
TWIN FALLS
VALLEY
SNAILS
BIRDS
BIRDS
MAMMALS
BIRDS
BIRDS
CLAMS
FISHES
SNAILS
BIRDS ..
FISHES
MAMMALS
BIRDS
BIRDS
FISHES
BIRDS ...
PLANTS
PLANTS
BIRDS ...
FISHES .
BIRDS .....
FISHES ...
BIRDS ....
BIRDS ....
FISHES ..
BIRDS ....
FISHES ..
BIRDS ..
FISHES
SNAILS
BIRDS ..
FISHES
BIRDS
FISHES
SNAILS
BIRDS
MAMMALS .
MAMMALS .
BIRDS
FISHES
SNAILS
BIRDS
FISHES
WASHINGTON
BIRDS
SNAIL, BLISS RAPIDS
SNAIL, SNAKE RIVER PHYSA
SNAIL, UTAH VALVATA
SPRINGSNAIL, IDAHO .'.
EAGLE, BALD
EAGLE, BALD
BEAR, GRIZZLY
EAGLE, BALD I
EAGLE, BALD
LiMPET, BANBURY SPRINGS
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
SNAIL, BLISS RAPIDS
SNAIL, SNAKE RIVER PHYSA
SNAIL, UTAH VALVATA
EAGLE, BALD
SALMON, CHINOOK
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
SALMON, SNAKE RIVER SOCKEYE
BEAR, GRIZZLY
EAGLE, BALD
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
EAGLE, BALD
HOWELLIA, WATER
HOWELLIA, WATER
EAGLE, BALD
SALMON, CHINOOK
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
EAGLE, BALD
SALMON, CHINOOK
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
SALMON, SNAKE RIVER SOCKEYE
EAGLE,BALD
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
EAGLE, BALD
SALMON, CHINOOK
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
SNAIL, BRUNEAU HOT SPRINGS
SNAIL, SNAKE RIVER PHYSA
SPRINGSNAIL, IDAHO
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
SNAIL, UTAH VALVATA
EAGLE, BALD
BEAR, GRIZZLY
BEAR, GRIZZLY
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
SNAIL, SNAKE RIVER PHYSA
EAGLE, BALD
SALMON, CHINOOK
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
EAGLE, BALD
Family Hydrobiidae n. sp..
Physa natricina.
Valvata utahensis.
Fontelicella idahoensis.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Ursus arctos (=U.a. horribilis).
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Lanx n. sp..
ONCORHYNCHUS TSHAWYTSCHA.
Family Hydrobiidae n. sp..
Physa natricina.
Valvata utahensis.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWSTSCHA.
ONCORHYNCHUS TSHAWYTSCHA.
ONCORHYNCHUS NERKA.
Ursus arctos (=U.a. horribilis).
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
HOWELLIA AQUATILIS.
HOWELLIA AQUATILIS.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWSTSCHA.
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWSTSCHA.
ONCORHYNCHUS TSHAWYTSCHA.
ONCORHYNCHUS NERKA.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWSTSCHA.
ONCORHYNCHUS TSHAWYTSCHA.
ONCORHYNCHUS NERKA.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Bruneau Hot Springs snail (Genus/s.
Physa natricina.
Fontelicella idahoensis.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Valvata utahensis.
Haliaeetus leucocephalus.
Ursus arctos (=U.a. horrjbjlis).
Ursus arctos (=U.a. horribilis).
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWYTSCHA.
Physa natricina.
Haliaeetus leucocephalus.
ONCORHYNCHUS TSHAWSTSCHA.
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
-------
51296
Federal Register / Vol. 60. No. 189 / Friday, September 29. 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
LOUISIANA
ASCENSION
ASSUMPTION
AVOYELLES
BIENVILLE
BOSSIER
CADDO
CALDWELL
CAMERON
CATAHOULA
CLAIBORNE
CONCORDIA
DESOTO
EAST BATON
ROUGE.
EAST CARROLL
FRANKLIN
GRANT
IBERIA
IBERVILLE
JEFFERSON
LA SALLE
LAFOURCHE
LIVINGSTON
MADISON
MOREHOUSE
NATCH ITOCHES
ORLEANS
OUACHITA
PLAQUEMINES
Group name
FISHES
BIRDS
CLAMS
FISHES
BIRDS
FISHES
BIRDS
BIRDS
FISHES
BIRDS
FISHES
FISHES
BIRDS
REPTILES
FISHES
BIRDS
FISHES
BIRDS
BIRDS
CLAMS
FISHES
BIRDS
BIRDS
FISHES
FISHES
CLAMS
FISHES
BIRDS
FISHES
FISHES
BIRDS
FISHES
REPTILES
BIRDS
BIRDS
REPTILES
CLAMS
FISHES
BIRDS
FISHES
BIRDS
FISHES
BIRDS
FISHES
BIRDS
FISHES
BIRDS
FISHES
BIRDS
Inventory name
SALMON, CHINOOK (SNAKE RIVER
SPRING, SUMMER).
EAGLE, BALD
HEELSPLITTER INFLATED
STURGEON, GULF
STURGEON, PALLID
EAGLE, BALD
STURGEON PALLID
EAGLE BALD
EAGLE, BALD
STURGEON, PALLID
EAGLE, BALD
STURGEON, PALLID
STURGEON, PALLID
PELICAN BROWN .
PLOVER, PIPING ...
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
STURGEON, PALLID
EAGLE BALD
STURGEON, PALLID
EAGLE, BALD
EAGLE, BALD
HEELSPLITTER, INFLATED
STURGEON, GULF
STURGEON, PALLID
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
STURGEON, PALLID
STURGEON, PALLID
PEARLSHELL, LOUISIANA
STURGEON PALLID
EAGLE BALD
PELICAN BROWN
PLOVER, PIPING
STURGEON, PALLID
STURGEON, PALLID
EAGLE, BALD
PELICAN BROWN
PLOVER PIPING
STURGEON PALLID
TURTLE KEMP'S (ATLANTIC) RIDLEY
SEA.
EAGLE BALD
EAGLE BALD
PELICAN, BROWN
PLOVER PIPING
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
HEELSPLITTER INFLATED
STURGEON GULF
TERN CALIFORNIA LEAST
STURGEON, PALLID
EAGLE, BALD
STURGEON PALLID
EAGLE BALD
STURGEON, PALLID
PELICAN BROWN
STURGEON, GULF
STURGEON, PALLID
EAGLE, BALD
STURGEON, PALLID
EAGLE, BALD
PELICAN. BROWN
Scientific name
ONCORHYNCHUS TSHAWYTSCHA.
Haliaeetus leucocephalus.
POTAMILUS INFLATUS.
Acipenser oxyrhynchus desotoi.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Scaphirhynchus albus.
Pelicanus occidentalis.
+haradrius melodus.
Lepidochelys kempii.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
POTAMILUS INFLATUS.
Acipenser oxyrhynchus desotoi.
Scaphirhynchus albus.
Sterna antillarum.
Sterna antillarum.
Scaphirhynchus albus.
Scaphirhynchus albus.
Margaritifera hembeli.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Scaphirhynchus albus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Scaphirhynchus albus.
Lepidochelys kempii.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Lepidochelys kempii.
POTAMILUS INFLATUS.
Acipenser oxyrhynchus desotoi.
Sterna antillarum browni.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Pelicanus occidentalis.
Acipenser oxyrhynchus desotoi.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
IR/FF*
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51297
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
POINTE COUPEE ,
RAPIDES
RED RIVER
RICHLANO
SABINE
ST. BERNARD
FISHES ....
REPTILES
FISHES
CLAMS
FISHES
FISHES
FISHES
BIRDS
BIRDS
FISHES ....
REPTILES
ST. CHARLES .
ST. JAMES
ST. JOHN THE BAP-
TIST.
ST. LANDRY
ST. MARTIN
ST. MARY
BIRDS ..
FISHES
FISHES
BIRDS ..
FISHES
FISHES
BIRDS
FISHES
BIRDS
ST. TAMMANY
TANGIPAHOA
TENSAS
TERREBONNE
FISHES
REPTILES .
BIRDS
FISHES ....
REPTILES
BIRDS
FISHES ....
BIRDS
FISHES ....
BIRDS
REPTILES ,
UNION
VERMILION ,
BIRDS
BIRDS
REPTILES
WASHINGTON
WEBSTER
WEST BATON
ROUGE.
WEST CARROLL
WEST FEUC1ANA ....
W1NN
MASSACHUSETTS
BARNSTABLE
FISHES ....
REPTILES
BIRDS
FISHES ....
FISHES
FISHES
FISHES
BIRDS
REPTILES
PLOVER, PIPING
STURGEON, PALLID
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
STURGEON, PALLID
PEARLSHELL, LOUISIANA
STURGEON, PALLID
STURGEON, PALLID
STURGEON, PALLID
EAGLE, BALD
EAGLE,BALD
PELICAN, BROWN
PLOVER, PIPING
STURGEON, GULF
STURGEON, PALLID
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
EAGLE,BALD
STURGEON, GULF
STURGEON, PALLID
STURGEON, PALLID
EAGLE, BALD
STURGEON, GULF
STURGEON, PALLID
STURGEON, PALLID
EAGLE, BALD
STURGEON, PALLID
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
STURGEON, PALLID
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
EAGLE, BALD
PELICAN, BROWN
STURGEON, GULF
TURTLE, RINGED SAWBACK
EAGLE, BALD
STURGEON, GULF
EAGLE, BALD
STURGEON, PALLID
EAGLE,BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
STURGEON, GULF
TURTLE, RINGED SAWBACK
EAGLE, BALD
STURGEON, PALLID
STURGEON, PALLID
STURGEON, PALLID
STURGEON, PALLID
EAGLE,BALD
PLOVER, PIPING
TERN, ROSEATE
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
+haradrius melodus.
Scaphirhynchus albus.
Chelonia mydas.
Lepidochelys kempii.
Caretta caretta.
Scaphirhynchus albus.
Margaritifera hembeli.
Scaphirhynchus albus.
Scaphirhynchus albus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Acipenser oxyrhynchus desotoi.
Scaphirhynchus albus.
Chelonia mydas.
Lepidochelys kempii.
Caretta caretta.
Haliaeetus leucocephalus.
Acipenser oxyrhynchus desotoi.
Scaphirhynchus albus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Acipenser oxyrhynchus desotoi.
Scaphirhynchus albus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Scaphirhynchus albus.
Lepidochelys kempii.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
Acipenser oxyrhynchus desotoi.
Graptemys oculifera.
Haliaeetus leucocephalus.
Acipenser oxyrhynchus desotoi.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Lepidochelys kempii.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
•4-haradrius melodus.
Lepidochelys kempii.
Acipenser oxyrhynchus desotoi.
Graptemys oculifera.
Haliaeetus leucocephalus.
Scaphirhynchus albus.
Scaphirhynchus albus.
Scaphirhynchus albus.
Scaphirhynchus albus.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna dougalli dougalli. •
Lepidochelys kempii.
-------
51298
Federal Register / Vol. 60. No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31;1995.]
State/County
BRISTOL
DUKES
ESSEX
FRANKLIN
HAMPDEN
HAMPSHIRE
MIDDLESEX
NANTUCKET
NORFOLK
PLYMOUTH
SUFFOLK
WORCESTER
MAINE
ANDROSCOGGIN
AROOSTOOK
CUMBERLAND
HANCOCK
KENNEBEC
KNOX
LINCOLN
PENOBSCOT
PISCATAQUIS
SAGADAHOC
SOMERSET
WALDO
WASHINGTON
YORK
Group name
BIRDS
FISHES
REPTILES
BIRDS .
REPTILES
BIRDS
FISHES '
REPTILES
BIRDS
FISHES
PLANTS
BIRDS
FISHES
BIRDS
FISHES
BIRDS
BIRDS
REPTILES
REPTILES
BIRDS
REPTILES
REPTILES
BIRDS
REPTILES
BIRDS
BIRDS
PLANTS
BIRDS
FISHES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
FISHES
BIRDS
FISHES
BIRDS
BIRDS
Inventory name
TURTLE LOGGERHEAD SEA
EAGLE, BALD
PLOVER PIPING
STURGEON SHORTNOSE
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE LOGGERHEAD SEA
EAGLE, BALD
PLOVER PIPING
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
PLOVER PIPING .....
STURGEON SHORTNOSE
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE LOGGERHEAD SEA
EAGLE BALD
STURGEON, SHORTNOSE
BULRUSH, NORTHEASTERN
(=BARBED BRISTLE.
EAGLE, BALD
STURGEON SHORTNOSE
EAGLE BALD
STURGEON SHORTNOSE
EAGLE BALD
EAGLE, BALD
PLOVER PIPING
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE LOGGERHEAD SEA ....
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE LOGGERHEAD SEA
CURLEW, ESKIMO '..
EAGLE, BALD
PLOVER PIPING
TERN, ROSEATE
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE LOGGERHEAD SEA
TURTLE, PLYMOUTH RED-BELLIED
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE LOGGERHEAD SEA
EAGLE, BALD
TURTLE GREEN SEA
TURTLE, HAWKSBILL SEA
EAGLE, BALD
EAGLE, BALD
ORCHID, EASTERN PRAIRIE FRINGED
EAGLE BALD
PLOVER, PIPING
STURGEON, SHORTNOSE
EAGLE, BALD
EAGLE BALD
EAGLE BALD
EAGLE, BALD
EAGLE, BALD
EAGLE BALD
EAGLE, BALD
PLOVER, PIPING
STURGEON SHORTNOSE
EAGLE, BALD ...
STURGEON, SHORTNOSE
EAGLE BALD .......
TERN, ROSEATE
EAGLE, BALD
Scientific name
Caretta caretta
Haliaeetus leucocephalus.
+haradrius melodus.
Acipenser brevirostrum.
Lepidochelys kempii.
Caretta caretta.
Haliaeetus leucocephalus.
+haradrius melodus.
Lepidochelys kempii. '
Caretta caretta.
Haliaeetus leucocephalus.
+haradrius melodus.
Acipenser brevirostrum.
Lepidochelys kempii.
Caretta caretta.
Haliaeetus leucocephalus.
Acipenser brevirostrum.
Scirpus ancistrochaetus.
Haliaeetus leucocephalus.
Acipenser brevirostrum.
Haliaeetus leucocephalus.
Acipenser brevirostrum. '
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
+haradrius melodus.
Lepidochelys kempii.
Caretta caretta.
Lepidochelys kempii.
Caretta caretta.
Numenius borealis.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna dougalli dougalli.
Lepidochelys kempii.
Caretta caretta.
Pseudemys (Chrysemys) rubriventris.
Lepidochelys kempii.
Caretta caretta.
Haliaeetus leucocephalus.
Chelonia mydas.
Eretmochelys imbricata.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Platanthera leucophaea.
Haliaeetus leucocephalus.
+haradrius melodus.
Acipenser brevirostrum.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
+haradrius melodus.
Acipenser brevirostrum.
Haliaeetus leucocephalus.
Acipenser brevirostrum. <
Haliaeetus leucocephalus.
Sterna dougalli dougalli.
Haliaeetus leucocephalus.
IR/FF*
•
.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51299
II. COUNTY/SPECIES LIST—Continued
[The following list Identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
NORTHERN
MARIANA ISLANDS
WORCESTER
NEW HAMPSHIRE
BELKNAP
CHESHIRE
COOS
QRAFTON
HILLSBOROUGH
MERRIMACK
ROCKINGHAM
SULLIVAN
NEW MEXICO
BERNALILLO
CATRON
CHAVES.
COLFAX ....
CURRY
DEBACA
DONA ANA,
EDDY
GRANT
GUADALUPE .
HARDING .......
HIDALGO
LEA
LINCOLN
LOS ALAMOS
BIRDS
REPTILES
BIRDS ...
CLAMS ..
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
CLAMS ..
PLANTS
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS
FISHES
BIRDS ..
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
BIRDS
FISHES .
BIRDS ...
FISHES .
BIRDS ..
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
BIRDS ..
BIRDS ..
LUNA
BIRDS
PLOVER, PIPING
MALLARD, MARIANA
MEGAPODE, MICRONESIAN (LA
PEROUSE'S).
CROCODILE, SALTWATER
EAGLE, BALD
MUSSEL, DWARF WEDGE
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
MUSSEL, DWARF WEDGE
MILK-VETCH, JESUP'S
CRANE, WHOOPING
EAGLE, BALD
MINNOW. RIO GRANDE SILVERY
EAGLE, BALD
MINNOW, LOACH
SPIKEDACE
TROUT, GILA
EAGLE, BALD
(POPULATION)
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR
LEAST.
GAMBUSIA, PECOS
SHINER, PECOS BLUNTNOSE
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
SHINER, PECOS BLUNTNOSE
CRANE, WHOOPING
EAGLE, BALD
(POPULATION)
(POPULATION
(POPULATION)
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
GAMBUSIA, PECOS
SHINER, PECOS BLUNTNOSE
EAGLE, BALD
CHUB, CHIHUAHUA
MINNOW, LOACH
SHINER, BEAUTIFUL
SPIKEDACE
TOPMINNOW, GILA (YAQUI) ...
TROUT, GILA
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD ,
SPIKEDACE
EAGLE, BALD
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
-t-haradrius melodus.
Anas oustaleti.
Megapodius laperouse.
CROCODYLUS POROSUS.
Haliaeetus leucocephalus.
Alasmidonta heterodon.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
HaliaeeSus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Alasmidonta heterodon.
Astragalus robbinsii var. jesupi.
Grus americana.
Haliaeetus leucocephalus.
HYBOGNATHUS AMARUS.
Haliaeetus leucocephalus.
Tiaroga cobitis.
Meda fulgida.
Salrno gilae.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Gambusia nobilis.
Notropis simus peconsensis.
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Notropis simus peconsensis.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Gambusia nobilis.
Notropis simus peconsensis.
Haliaeetus leucocephalus.
Gila nigrescens.
Tiaroga cobitis.
Notropis formosus.
Meda fulgida.
Poeciliopsis occidentalis.
Salmo gilae.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Meda fulgida.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
-------
51300
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
MCKINLEY
MORA
OTERO
OTHER-999 ..
QUAY
RIO ARRIBA ..
ROOSEVELT
SAN JUAN ....
SAN MIGUEL
SANDOVAL ...
SANTA FE
SIERRA ....
SOCORRO
TAOS
TORRANCE
UNION
VALENCIA ...
NEVADA
CARSON CITY .
CHURCHILL
CLARK
DOUGLAS
ELKO
EUREKA
HUMBOLDT
LANDER .
LINCOLN
FISHES .
BIRDS ...
BIRDS ...
BIRDS ...
PLANTS
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
CRUSTACEAN
FISHES
SNAILS
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
FISHES
BIRDS
BIRDS
BIRDS
FISHES
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
FISHES
FISHES
FISHES
BIRDS ..
FISHES
EAGLE, BALD
SHINER, BEAUTIFUL
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
THISTLE, SACRAMENTO MOUNTAINS .
EAGLE, BALD
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
MINNOW, RIO GRANDE SILVERY
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
TROUT, GILA
CRANE, WHOOPING
EAGLE, BALD '.
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
ISOPOD, SOCORRO
MINNOW, RIO GRANDE SILVERY
SPRINGSNAIL, ALAMOSA
SPRINGSNAIL, SOCORRO
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
MINNOW, RIO GRANDE SILVERY
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
RAIL, YUMA CLAPPER
CHUB, BONYTAIL
CHUB, VIRGIN RIVER
DACE, MOAPA
KILLIFISH, PAHRUMP
PUPFISH, DEVILS HOLE
SUCKER, RAZORBACK
WOUNDFIN
EAGLE, BALD
EAGLE, BALD
DACE, CLOVER VALLEY SPECKLED ....
DACE, INDEPENDENCE ' VALLEY
SPECKLED.
TROUT, LAHONTAN CUTTHROAT
EAGLE, BALD
TROUT, LAHONTAN CUTTHROAT
DACE, DESERT
TROUT, LAHONTAN CUTTHROAT
TROUT, LAHONTAN CUTTHROAT
EAGLE, BALD
CHUB, PAHRANAGAT ROUNDTAIL
SPINEDACE, BIG SPRING
SPRINGFISH, HIKO WHITE RIVER ........
SPRINGFISH, WHITE RIVER
Haliaeetus leucocephalus.
Notropis formosus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Cirsium vinaceum.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Ptychocheilus lucius.
XYRAUCHEN TEXANUS.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
HYBOGNATHUS AMARUS.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
Salmo gilae.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Thermosphaeroma
thermophilus.
HYBOGNATHUS AMARUS.
Tryonia alamosae.
Pyrgulopsis neomexicana.
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
HYBOGNATHUS AMARUS.
(=Exosphaeroma)
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Branta canadensis leucopareia ..
Rallus longirostris yumanensis ...
Gila elegans
Gila robusta seminuda
Moapa coriacea
EMPETRICHYTHYS LATOS
Cyprinodon diabolis
XYRAUCHEN TEXANUS
Plagopterus argentissimus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Rhinichthys osculus oligoporous
Rhinichthys osculus lethoporous
Salmo clarki henshawi
Haliaeetus leucocephalus
Salmo clarki henshawi
Eremichthys acros
Salmo clarki henshawi
Salmo clarki henshawi
Haliaeetus leucocephalus
Gila robusta jordani
Lepidomeda mollispinis pratensis .
Crenichthys baileyi grandis
Crenichthys baileyi baileyi
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51301
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
LYON
MINERAL
NYE
PERSHING .
STOREY
WASHOE ...
WHITE PINE
OKLAHOMA
ADAIR
ALFALFA
ATOKA ..
BEAVER
BECKHAM
ELAINE
BRYAN
CADDO
CANADIAN
PLANTS
BIRDS ...
BIRDS ...
FISHES .
PUNTS ..
BIRDS
FISHES ...
INSECTS
PLANTS .
BIRDS ..
FISHES
BIRDS ..
FISHES
PLANTS
BIRDS ...
FISHES .
BIRDS
BIRDS
BIRDS ....
BIRDS ....
BIRDS
BIRDS
BIRDS
REPTILES
BIRDS
BIRDS
LADIES'-TRESSES, UTE
EAGLE, BALD
EAGLE, BALD
SPRINGFISH, HIKO WHITE RIVER
SPRINGFISH, RAILROAD VALLEY .
TROUT, LAHONTAN CUTTHROAT
MILK-VETCH, SODAVILLE
EAGLE, BALD
POOLFISH, PAHRUMP
PUPFISH, ASH MEADOWS AMARGOSA
PUPFISH, DEVILS HOLE
PUPFISH, WARM SPRINGS
SPINEDACE, WHITE RIVER
SPRINGFISH, RAILROAD VALLEY
TROUT, LAHONTAN CUTTHROAT
NAUCORID, ASH MEADOWS
CENTAURY, SPRING-LOVING
GUMPLANT, ASH MEADOWS
IVESIA, ASH MEADOWS
EAGLE,BALD
TROUT, LAHONTAN CUTTHROAT
EAGLE, BALD
CUI-UI
SUCKER, WARNER
TROUT, LAHONTAN CUTTHROAT
BUCKWHEAT, STEAMBOAT
EAGLE, BALD
KILLIFISH, PAHRUMP
SPINEDACE, WHITE RIVER
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
CRANE, WHOOPING
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
ALLIGATOR, AMERICAN '.
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
Spiranthes diluvialis
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Crenichthys baileyi grandis
Crenichthys nevadae
Salmo clarki henshawi
ASTRAGALUS LENTIGINOSUS VAR.
SESLQ MIMETRALIS.
Haliaeetus leucocephalus
Empetrichthys latos
Cyprinodon nevadensis mionectes
Cyprinodon diabolis
Cyprinodon nevadensis pectoralis
Lepidomeda albivallis
Crenichthys nevadae
Salmo clarki henshawi
Ambrysus amargosus
Centaurium namophilum var. namophilum
Grjndelia fraxinopratensis
Ivesia kingii var. eremica
Haliaeetus leucocephalus
Salmo clarki henshawi
Haliaeetus leucocephalus
Chasmistes cujus
Catostomus warnerensis
Salmo clarki henshawi
Eriogonum ovalifolium var. williamsiae
Haliaeetus leucocephalus
EMPETRICHYTHYS LATOS
Lepidomeda albivallis
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
+ haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
+ haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Alligator mississippiensis.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
51302
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
CARTER
CHEROKEE
CHOCTAW
CIMARRON
CLEVELAND
COMANCHE
COTTON
CRAIG
CREEK
CUSTER
DELAWARE
DEWEY
ELLIS
GARFIELD . ..
GARVIN
GRADY
Group name
BIRDS
BIRDS
BIRDS
PLANTS
BIRDS
FISHES
BIRDS
BIRDS
BIRDS
FISHES
PLANTS
BIRDS
BIRDS
BIRDS .
FISHES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
Inventory name
EAGLE BALD
EAGLE, BALD
EAGLE, BALD
ORCHID, EASTERN PRAIRIE FRINGED
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
SHINER ARKANSAS RIVER
CRANE WHOOPING
EAGLE BALD
PLOVER PIPING
TERN; INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
EAGLE, BALD
PLOVER PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
EAGLE BALD
PLOVER PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CAVEFISH OZARK
MADTOM NEOSHO
ORCHID, WESTERN PRAIRIE FRINGED
EAGLE BALD
PLOVER PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
EAGLE, BALD
PLOVER PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE BALD .
CAVEFISH OZARK
CRANE, WHOOPING
EAGLE BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
EAGLE BALD
PLOVER PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
- LEAST.
Scientific name
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Platanthera leucophaea.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
NOTROPIS GIRARDI.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Amblyopsis rosae.
Noturus placidus.
Platanthera praeclara.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Amblyopsis rosae.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Sterna antillarum.
Sterna antillarum.
IR/FP
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51303
II. COUNTY/SPECIES LIST—Continued
FJha following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
Stale/County
GRANT
GREER
HARMON
HARPER
HASKELL
HUGHES
JACKSON
JEFFERSON
JOHNSTON
KAY
KINGFISHER
KIOWA
LE FLORE
Group name
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
CLAMS ...
Inventory name
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE BALD
PLOVER; PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
, LEAST.
CRANE, WHOOPING
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
ROCK-POCKETBOOK
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
_ (POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
. OUACHITA
Scientific name
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
•t-haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
•fharadrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
fharadrius melodus.
Sterna antillarum.
Sterna antillarum.
Arkansia (-Arcidensl wheelfirL
IR/FF*
-------
51304 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
LINCOLN
LOGAN
LOVE
MAJOR
MARSHALL
MAYES
MCCLAIN
MCCURTAIN
MCINTOSH
MURRAY
MUSKOGEE
NOBLE
NOWATA
OKLAHOMA
Group name
FISHES
BIRDS
BIRDS .!
BIRDS
BIRDS
BIRDS
BIRDS
FISHES
BIRDS '.
BIRDS
FISHES
REPTILES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
Inventory name
ROCK-POCKETBOOK,
(=WHEELER'S PM).
DARTER, LEOPARD
CRANE WHOOPING
EAGLE BALD .
CRANE, WHOOPING
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
CAVEFISH, OZARK
CRANE, WHOOPING
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
DARTER, LEOPARD
ALLIGATOR, AMERICAN
EAGLE BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST. ;
EAGLE BALD
TERN, INTERIOR
LEAST). .
TERN, INTERIOR
LEAST.
CRANE, WHOOPING ....
EAGLE BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
PLOVER PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
PLOVER PIPING
CRANE, WHOOPING ....
OUACHITA
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULAT4ON)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
Scientific name
Arkansia (=Arcidens) wheeleri.
Percina pantherina.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
-i-haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Amblyopsis rosae.
Grus americana.
•fharadrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Percina pantherina.
Alligator mississippiensis.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
-i-haradrius melodus.
Grus americana.
IR/FF*
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51305
II. COUNTY/SPECIES LIST—Continued
[The following list Identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31, 1995.]
State/County
OSAGE
OTTAWA
PAWNEE
PAYNE
PfTTSBURG
PONTOTOC
POTTAWATOMIE
PUSHMATAHA
ROGER MILLS
ROGERS
SEMINOLE
SEQUOYAH
Group name
BIRDS
BIRDS
FISHES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
CLAMS . .
FISHES
BIRDS
BIRDS
PLANTS
BIRDS
BIRDS
Inventory
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
CURLEW, ESKIMO ...
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE BALD
CAVEFISH, OZARK ..
MADTOM, NEOSHO .
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
PLOVER, PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
EAGLE, BALD
ROCK-POCKETBOOK
ROCK-POCKETBOOK
(=WHEELER'S PM).
DARTER, LEOPARD .
CRANE, WHOOPING
EAGLE, BALD
PLOVER PIPING
TERN, INTERIOR
LEAST).
TERN, INTERIOR
LEAST.
CRANE, WHOOPING
EAGLE BALD
PLOVER PIPING
name
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
'(POPULATION)
(POPULATION
(POPULATION)
(POPULATION
(POPULATION)
OUACHITA
OUACHITA
(POPULATION
(POPULATION)
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
ORCHID, WESTERN PRAIRIE FRINGED
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR
LEAST).
(POPULATION
Scientific name
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Numenius borealis.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Amblyopsis rosae.
Noturus placidus.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Arkansia (=Arcidens) wheeleri.
Arkansia (=Arcidens) wheeleri.
Percina pantherina.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Platanthera praeclara.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
IR/FF*
-------
51306
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
STEPHENS
TEXAS
TILLMAN
TULSA
WAGONER
WASHINGTON
WASHITA
WOODS
WOODWARD
OREGON
BAKER
BENTON
CLACKAMAS
CLATSOP
Group name
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
FISHES
BIRDS
FISHES
PLANTS
BIRDS
FISHES
PLANTS
BIRDS
FISHES
Inventory name
TERN, INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
EAGLE BALD . .
CRANE, WHOOPING
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
EAGLE, BALD
PLOVER PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
EAGLE, BALD
PLOVER, PIPING
CRANE, WHOOPING
CRANE WHOOPING
CURLEW ESKIMO
EAGLE, BALD
PLOVER PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
EAGLE, BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE, BALD
MURRELET, MARBLED
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER.
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
PLOVER, WESTERN SNOWY
CHUB, OREGON
CHECKER-MALLOW NELSON'S
LOMATIUM BRADSHAW'S
EAGLE BALD
CHUB, OREGON
CHECKER-MALLOW NELSON'S
EAGLE BALD
PELICAN BROWN
PLOVER WESTERN SNOWY
SALMON. SNAKE RIVER SOCKEYE
Scientific name
Sterna antillarum.
Grus americana
Haliaeetus leucocephalus
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus. '
Sterna antillarum.
Sterna antillarum.
Grus americana
-t-haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
•4-haradrius melodus
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Grus americana.
Grus americana
Haliaeetus leucocephalus.
+haradrius melodus
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus ,
BRACHYRAMPHUS MARMORATUS
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
Branta canadensis leucopareia
CHARADRIUS ALEXANDRINUS
NIVOSUS.
OREGONICHTHYS CRAMERI
SIDALCEA NELSONIANA
Lomatium bradshawii
Haliaeetus leucocephalus
OREGONICHTHYS CRAMERI
SIDALCEA NELSONIANA
Haliaeetus leucocephalus
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
ONCORHYNCHUS NERKA
IR/FF*
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51307
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FP
COLUMBIA,
COOS
CROOK
CURRY.
DESCHUTES
DOUGLAS
GtLLIAM
GRANT
HARNEY
HOOD RIVER
JACKSON
JEFFERSON ..
JOSEPHINE ...
KLAMATH
LAKE
LANE
LINCOLN
LINN
MALHEUR ..
MARION
MORROW
MULTNOMAH .
POLK
BIRDS
FISHES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
FISHES
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS
FISHES .
PLANTS
BIRDS ...
BIRDS ...
FISHES .
PLANTS
BIRDS ..
FISHES
BIRDS ..
FISHES .
PLANTS
BIRDS ...
FISHES .
BIRDS ...
FISHES .
BIRDS ...
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE .
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
PELICAN, BROWN
PLOVER, WESTERN SNOWY
EAGLE, BALD
EAGLE, BALD
GOOSE, ALEUTIAN CANADA .
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
EAGLE, BALD
EAGLE, BALD
GOOSE, ALEUTIAN CANADA .
MURRELET, MARBLED
PLOVER, WESTERN SNOWY
SALMON, SNAKE RIVER SOCKEYE ,
EAGLE, BALD
EAGLE, BALD
CHUB, BORAX LAKE
TROUT, LAHONTAN CUTTHROAT ..,
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE ,
EAGLE, BALD ,
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
SUCKER, LOST RIVER
SUCKER, SHORTNOSE
EAGLE, BALD
CHUB, HUTTON TUI
DACE, FOSKETT SPECKLED
SUCKER, WARNER
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
CHUB, OREGON
LOMATIUM, BRADSHAW'S
EAGLE, BALD
GOOSE, ALEUTIAN CANADA .
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
EAGLE,BALD
CHUB, OREGON
CHECKER-MALLOW, NELSON'S
LOMATIUM, BRADSHAW'S
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER.
EAGLE, BALD
PLOVER, WESTERN SNOWY
FISHES
CHUB, OREGON
CHECKER-MALLOW, NELSON'S
LOMATIUM, BRADSHAW'S
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE .
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE .
EAGLE, BALD
MURRELET, MARBLED
CHUB, OREGON
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
Branta canadensis leucopareia
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
CHARADRIUS ALEXANDRINUS
NIVOSUS.
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Gila boraxobius
Salmo clarki henshawi
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Deltistes luxatus
Chasmistes brevirostris
Haliaeetus leucocephalus
Gila bicolor ssp
Rhinichthys osculus ssp
Catostomus warnerensis
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
OREGONICHTHYS CRAMERI ,
Lomatium bradshawii
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Haliaeetus leucocephalus
OREGONICHTHYS CRAMERI ...:
SIDALCEA NELSONIANA
Lomatium bradshawii
Haliaeetus leucocephalus
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
CHARADRIUS ALEXANDRINUS
NIVOSUS.
OREGONICHTHYS CRAMERI
SIDALCEA NELSONIANA
Lomatium bradshawii
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
OREGONICHTHYS CRAMERI
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR,
IR
IR
IR
-------
513Q8
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
SHERMAN ..
TILLAMOOK
UMATILLA
UNION
WALLOWA
WASCO
WASHINGTON
WHEELER ,
YAMHILL ..
PUERTO RICO
ADJUNTAS
AGUADA
AGUADILLA
ANASCO
ARECIBO
ARROYA
BARCELONETA
CABO ROJO
CAMUY
CAROLINA
CATANO .
CEIBA
CIALES
COAMO ....
CULEBRA
PLANTS
FISHES .
BIRDS ...
PLANTS
BIRDS ...
FISHES .
BIRDS ...
FISHES .
BIRDS ...
FISHES .
BIRDS" ...
FISHES .
BIRDS ...
PLANTS
BIRDS ...
PLANTS
AMPHIBIANS
BIRDS
REPTILES
BIRDS
REPTILES
BIRDS
REPTILES .
MAMMALS
PLANTS ....
REPTILES .
MAMMALS
REPTILES .
REPTILES .
BIRDS
MAMMALS
PLANTS ....
REPTILES .
PLANTS ....
REPTILES .
BIRDS
MAMMALS
REPTILES .
MAMMALS
REPTILES .
BIRDS
MAMMALS
REPTILES .
PLANTS
AMPHIBIANS
BIRDS
REPTILES
CHECKER-MALLOW, NELSON'S
LOMATIUM, BRADSHAW'S
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
GOOSE, ALEUTIAN CANADA
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
CHECKER-MALLOW, NELSON'S
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD ....
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER.
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER.
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
CHECKER-MALLOW, NELSON'S
EAGLE, BALD
CHECKER-MALLOW, NELSON'S
COQUI, GOLDEN
PELICAN, BROWN
TURTLE, GREEN SEA
PELICAN, BROWN
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
PELICAN, BROWN
TURTLE, GREEN SEA
TURTLE, LEATHERBACK SEA
MANATEE, WEST INDIAN (FLORIDA) ...
PALMA DE MANACA
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, LEATHERBACK SEA
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, GREEN SEA
TURTLE, LEATHERBACK SEA
PELICAN, BROWN
PLOVER, PIPING
MANATEE, WEST INDIAN (FLORIDA) ...
COBANA NEGRA
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, LEATHERBACK SEA
PALMA DE MANACA
TURTLE, GREEN SEA
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
PELICAN, BROWN '.
MANATEE, WEST INDIAN (FLORIDA) ...
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, LOGGERHEAD SEA
FERN, THELYPTERIS INABONENSIS ....
FERN, THELYPTERIS YAUCOENSIS
TOAD, PUERTO RICAN CRESTED ........
PELICAN, BROWN
TERN, ROSEATE :
TURTLE, GREEN SEA :
TURTLE, HAWKSBILL SEA
SIDALCEA NELSONIANA
Lomatium bradshawii
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
SIDALCEA NELSONIANA
Haliaeetus leucocephalus :
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
ONCORHYNCHUS TSHAWYTSCHA
Haliaeetus leucocephalus
ONCORHYNCHUS TSHAWYTSCHA
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
SIDALCEA NELSONIANA
Haliaeetus leucocephalus
SIDALCEA NELSONIANA
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
Eleutherodactylus jasperi.
Pelicanus occidentalis.
Chelonia mydas.
Pelicanus occidentalis.
Chelonia mydas.
Eretmochelys imbricata. .
Pelicanus occidentalis.
Chejonia mydas.
Dermochelys coriacea.
Trichechus manatus.
Calyptronoma rivalis.
Chelonia mydas.
Eretmochelys imbricata.
Dermochelys coriacea.
Trichechus manatus.
Chelonia mydas.
Chelonia mydas.
Dermochelys coriacea.
Pelicanus occidentalis.
+haradrius melodus.
Trichechus manatus.
Stahlia monosperma.
Chelonia mydas.
Eretmochelys imbricata.
Dermochelys coriacea.
Calyptronoma rivalis.
Chelonia mydas.
Pelicanus occidentalis.
Trichechus manatus.
Chelonia mydas.
Trichechus manatus.
Chelonia mydas.
Pelicanus occidentalis.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Caretta caretta.
THELYPTERIS INABONENSIS.
THELYPTERIS YAUCOENSIS.
Peltophryne lemur.
Pelicanus occidentalis.
Sterna dougalli dpugalli.
Chelonia mydas.
Eretmochelys imbricata.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51309
II. COUNTY/SPECIES LIST—Continued
[The following list Identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
DORADO.
FAJARDO
QUANICA
GUAYAMA ....
GUAYANILLA
HATILLO .—
HUMACAO ....
ISABELA
JUANA DIAZ
LAJAS
LOIZA ....
LUQUILLO
MANAT1
MAUNABO ..
MAYAGUEZ
NAGUABO
PATILLAS ...
PENUEUS
PONCE,
QUEBRADILLAS
RIMCON
RIO GRANDE
SALINAS
AMPHIBIANS
BIRDS .....
MAMMALS ....
BIRDS
MAMMALS ....
REPTILES
AMPHIBIANS
BIRDS
MAMMALS ....
REPTILES
BIRDS
MAMMALS
BIRDS
MAMMALS
PUNTS ....
BIRDS
REPTILES ....
AMPHIBIANS
REPTILES
MAMMALS ....
BIRDS
MAMMALS
PLANTS ....
REPTILES .
MAMMALS
REPTILES .
MAMMALS
PLANTS ....
REPTILES .
REPTILES .
MAMMALS
REPTILES .
MAMMALS
REPTILES .
BIRDS
MAMMALS ....
REPTILES
MAMMALS ....
BIRDS
MAMMALS ....
REPTILES
BIRDS
MAMMALS ....
PLANTS ...
REPTILES
AMPHIBIANS
PLANTS
MAMMALS
REPTILES .
PLANTS ...
REPTILES
BIRDS
MAMMALS
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
TOAD, PUERTO RICAN CRESTED
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
TOAD, PUERTO RICAN CRESTED
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, LEATHERBACK SEA
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
FERN, THELYPTERIS VERECUNDA ...
PALMA DE MANACA
PELICAN, BROWN
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
TOAD, PUERTO RICAN CRESTED
TURTLE, HAWKSBILL SEA
MANATEE, WEST INDIAN (FLORIDA)
PELICAN, BROWN
TERN, ROSEATE
MANATEE, WEST INDIAN (FLORIDA)
COBANA NEGRA
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
MANATEE, WEST INDIAN (FLORIDA)
COBANA NEGRA
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, LEATHERBACK SEA
TURTLE, GREEN SEA
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, LEATHERBACK SEA
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
MANATEE, WEST INDIAN (FLORIDA)
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA '.
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
FERN, THELYPTERIS INABONENSIS .
TURTLE, GREEN SEA
TOAD, PUERTO RICAN CRESTED
FERN, THELYPTERIS VERECUNDA ...
PALMA DE MANACA
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
TURTLE, LEATHERBACK SEA
COBANA NEGRA
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, LEATHERBACK SEA
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
Dermochelys coriacea.
Caretta caretta.
Peltophryne lemur.
Pelicanus occidentalis.
Trichechus manatus.
Pelicanus occidentalis.
Trichechus manatus.
Chelonia mydas.
Peltophryne lemur.
Pelicanus occidentalis.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Dermochelys coriacea.
Pelicanus occidentalis.
Trichechus manatus.
Pelicanus occidentalis.
Trichechus manatus.
THELYPTERIS VERECUNDA.
Calyptronoma rivalis.
Pelicanus occidentalis.
Dermochelys coriacea.
Caretta caretta.
Peltophryne lemur.
Eretmochelys imbricata.
Trichechus manatus.
Pelicanus occidentalis.
Sterna dougalii dougalli.
Trichechus manatus.
Stahlia monosperma.
Chelonia mydas.
Eretmochelys imbricata.
Trichechus manatus.
Chelonia mydas.
Dermochelys coriacea.
Caretta caretta.
Trichechus manatus.
Stahlia monosperma.
Chelonia mydas.
Eretmochelys imbricata.
Dermochelys coriacea.
Chelonia mydas.
Trichechus manatus.
Chelonia mydas.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Dermochelys coriacea.
Pelicanus occidentalis.
Trichechus manatus.
Chelonia mydas.
Trichechus manatus.
Pelicanus occidentalis.
Trichechus manatus.
Chelonia mydas.
Pelicanus occidentalis.
Trichechus manatus.
THELYPTERIS INABONENSIS.
Chelonia mydas.
Peltophryne lemur.
THELYPTERIS VERECUNDA.
Calyptronoma rivalis.
Trichechus manatus.
Chelonia mydas.
Dermochelys coriacea.
Stahlia monosperma.
Chelonia mydas.
Eretmochelys imbricata.
Dermochelys coriacea.
Pelicanus occidentalis.
Trichechus manatus.
-------
51310
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
SAN JUAN
SAN SEBASTIAN
SANTA ISABEL ...
TOA BAJA
UTUADO
VEGA ALTA
VEGA BAJA
VIEQUES ....
YABUCOA
YAUCO
RHODE ISLAND
KENT
NEWPORT
WASHINGTON
TEXAS
ANDERSON ....
ANGELINA
ARANSAS
ARCHER
AUSTIN ..
BAILEY
BASTROP
BAYLOR
BEE
BELL
BEXAR ...
BLANCO .
BOSQUE
BOWIE
REPTILES .
BIRDS
MAMMALS
REPTILES .
PLANTS ....
BIRDS
MAMMALS
MAMMALS
REPTILES .
PLANTS ....
MAMMALS
REPTILES .
REPTILES .
BIRDS
MAMMALS
PLANTS ....
REPTILES .
MAMMALS
BIRDS
PLANTS ....
REPTILES .
FISHES
BIRDS ..
FISHES
BIRDS ..
FISHES
BIRDS
BIRDS
BIRDS
REPTILES
BIRDS
AMPHIBIANS
BIRDS
BIRDS
AMPHIBIANS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
FERN, THELYPTERIS VERECUNDA ..,
PALMA DE MANACA
PELICAN, BROWN
MANATEE, WEST INDIAN (FLORIDA)
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
PALMA DE MANACA ,
MANATEE, WEST INDIAN (FLORIDA)
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
PELICAN, BROWN ,
MANATEE, WEST INDIAN (FLORIDA)
COBANA NEGRA
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA ....'.
MANATEE, WEST INDIAN (FLORIDA)
PELICAN, BROWN
FERN, THELYPTERIS YAUCOENSIS ..
TURTLE, HAWKSBILL SEA
TURTLE, LEATHERBACK SEA
STURGEON, SHORTNOSE
PLOVER, PIPING
STURGEON, SHORTNOSE
EAGLE, BALD
PLOVER, PIPING
STURGEON,SHORTNOSE,
EAGLE, BALD
EAGLE, BALD
CRANE, WHOOPING
CURLEW, ESKIMO
EAGLE, BALD
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LOGGERHEAD SEA
CRANE, WHOOPING
TOAD, HOUSTON
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
TOAD, HOUSTON
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
CRANE, WHOOPING
CRANE, WHOOPING
EAGLE, BALD :.
CRANE, WHOOPING
CRANE, WHOOPING
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
Chelonia mydas.
Eretmochelys imbricata.
Pelicanus occidentalis.
Trichechus manatus.
Chelonia mydas.
THELYPTERIS VERECUNDA.
Calyptronoma rivalis.
Pelicanus occidentalis.
Trichechus manatus.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Calyptronoma rivalis.
Trichechus manatus.
Chelonia mydas.
Eretmochelys imbricata.
Chelonia mydas.
Eretmochelys imbricata.
Pelicanus occidentalis.
Trichechus manatus.
Stahlia monosperma.
Chelonia mydas.
Eretmochelys imbricata.
Dermochelys coriacea.
Caretta caretta.
Trichechus manatus.
Pelicanus occidentalis.
THELYPTERIS YAUCOENSIS.
Eretmochelys imbricata.
Dermochelys coriacea.
Acipenser brevirostrum
+haradrius melodus
Acipenser brevirostrum
Haliaeetus leucocephalus
+haradrius melodus
Acipenser brevirostrum
IR
IR
IR
IR
IR
IR
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Grus americana.
Numenius borealis.
Haliaeetus leucocephalus.
+haradrius melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Caretta caretta.
Grus americana.
Bufo houstonensis.
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Bufo houstonensis.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Grus americana.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Grus americana.
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51311
II. COUNTY/SPECIES LIST—Continued
[The following list Identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
Stats/County
Group name
Inventory name
Scientific name
IR/FF*
BRAZORIA ....
BRAZOS.
BREWSTER
BROWN
BURLESON
BURNET
CALDWELL .
CALHOUN ...
CAMERON ....
CASS
CHAMBERS
CHEROKEE
CHILDRESS
GUY
COKE
COLEMAN.
BIRDS
REPTILES
BIRDS
PLANTS
FISHES
BIRDS
REPTILES
AMPHIBIANS
BIRDS
PLANTS
BIRDS ...
BIRDS ..
FISHES
BIRDS ..
REPTILES
BIRDS
FISHES
REPTILES .
BIRDS
BIRDS
REPTILES
BIRDS
BIRDS
BIRDS
COLUNGSWORTH
REPTILES
BIRDS
REPTILES
BIRDS
CRANE, WHOOPING
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
CRANE, WHOOPING
EAGLE, BALD
LADIES'-TRESSES, NAVASOTA
GAMBUSIA, BIG BEND
CRANE, WHOOPING
SNAKE, CONCHO WATER
TOAD, HOUSTON
CRANE, WHOOPING
EAGLE, BALD
LADIES'-TRESSES, NAVASOTA
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
DARTER, FOUNTAIN
CRANE, WHOOPING
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
MINNOW, RIO GRANDE SILVERY
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
CURLEW, ESKIMO
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
EAGLE, BALD
CRANE, WHOOPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
SNAKE, CONCHO WATER
CRANE, WHOOPING
SNAKE, CONCHO WATER ]
CRANE, WHOOPING
Grus americana.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Chelonia mydas.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Grus americana.
Haliaeetus leucocephalus.
Spiranthes parksii.
Gambusia gaigei.
Grus americana.
Nerodia harteri pauclmaculata.
Bufo houstonensls.
Grus americana.
Haliaeetus leucocephalus.
Spiranthes parks!!.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Etheostoma fontlcola.
Grus americana.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradr!us melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
HYBOGNATHUS AMARUS.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Numenius borealis.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Haliaeetus leucocephalus.
Grus americana.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Nerodia harteri paucimaculata.
Grus americana.
Nerodia harteri paucimaculata.
Grus americana.
-------
51312
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
COLORADO
COMAL
COMANCHE
CONCHO
COOKE
CORYELL
DE WITT
EDWARDS
ELLIS
ERATH
FALLS
FANNIN
FAYETTE
FORT BEND
FREESTONE
GALVESTON
G1LLESPIE
GOLIAD
GONZALES
GRAYSON
GREGG
GRIMES
GUADALUPE
HALL
HAMILTON
HARDEMAN
Group name
AMPHIBIANS
BIRDS
AMPHIBIANS
FISHES .....
BIRDS
BIRDS
REPTILES
BIRDS
BIRDS
BIRDS
BIRDS
PLANTS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
AMPHIBIANS
BIRDS
AMPHIBIANS
BIRDS
PLANTS
BIRDS
REPTILES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS . .
BIRDS
PLANTS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
Inventory name
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
TOAD, HOUSTON
CRANE WHOOPING
EAGLE BALD
SALAMANDER SAN MARCOS
DARTER, FOUNTAIN
CRANE, WHOOPING
EAGLE BALD
SNAKE CONCHO WATER .
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
CRANE WHOOPING
EAGLE BALD
SNOWBELLS, TEXAS
CRANE, WHOOPING
CRANE, WHOOPING
CRANE, WHOOPING
EAGLE BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
EAGLE BALD
TOAD HOUSTON ..
CRANE, WHOOPING
EAGLE BALD
TOAD, HOUSTON
EAGLE BALD
LADIES'-TRESSES NAVASOTA
CURLEW, ESKIMO
EAGLE, BALD ,
PELICAN BROWN
PLOVER, PIPING
TURTLE GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
CRANE WHOOPING
CRANE WHOOPING .:
EAGLE, BALD
CRANE WHOOPING
EAGLE BALD
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE, BALD
EAGLE, BALD
LADIES'-TRESSES NAVASOTA
CRANE WHOOPING
TERN INTERIOR (POPULATION
LEAST).
TERN INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
CRANE, WHOOPING
TERN, INTERIOR (POPULATION
LEAST).
Scientific name
Sterna antillarum.
Sterna antillarum.
Bufo houstonensis.
Grus americana.
Haliaeetus leucocephalus
Eurycea nana
Etheostoma fonticola.
Grus americana.
Haliaeetus leucocephalus
Nerodia harteri paucimaculata
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Grus americana
Haliaeetus leucocephalus.
Styrax texana.
Grus americana.
Grus americana.
Grus americana.
Haliaeetus leucocephalus
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus
Bufo houstonensis
Grus americana.
Haliaeetus leucocephalus
Bufo houstonensis.
Haliaeetus leucocephalus
Spiranthes parksii
Numenius borealis.
Haliaeetus leucocephalus.
Pelicanus occidentalis
+haradrius melodus.
Chelonia mydas
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea
Caretta caretta.
Grus americana
Grus americana
Haliaeetus leucocephalus.
Grus americana
Haliaeetus leucocephalus
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus
Haliaeetus leucocephalus.
Spiranthes parksii
Grus americana
Sterna antillarum.
Sterna antillarum
Grus americana •
Grus americana.
Sterna antillarum.
IR/FF*.'
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
51313
II. COUNTY/SPECIES LIST—Continued
{The following list Identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
HARDIN
HARRISON.
HASKELL
HAYS .—
HEMPHILL
HENDERSON.
HILL
HOOD ....
HOUSTON
HUNT
HUTCHINSON.
IRION
JACKSON
JASPER
JEFF DAVIS .
JEFFERSON
JOHNSON
JONES
KARNES
KENEDY
KIMBLE ....
KING
KLEBERG
BIRDS
AMPHIBIANS
BIRDS
BIRDS
AMPHIBIANS
BIRDS ..
FISHES
PLANTS
BIRDS ...
BIRDS
BIRDS
BIRDS
BIRDS ...
BIRDS ...
BIRDS ...
REPTILES
BIRDS
BIRDS ...
PLANTS
BIRDS ...
FISHES .
PLANTS
BIRDS ...
REPTILES
BIRDS
BIRDS
BIRDS
BIRDS
REPTILES
PLANTS
BIRDS ...
BIRDS ...
REPTILES
TERN, INTERIOR (POPULATION)
.LEAST.
EAGLE, BALD
TOAD, HOUSTON
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
SALAMANDER, SAN MARCOS
SALAMANDER, TEXAS BLIND
CRANE, WHOOPING
DARTER, FOUNTAIN
GAMBUSIA, SAN MARCOS
WILD-RICE, TEXAS
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
SNAKE, CONCHO WATER
CRANE, WHOOPING
EAGLE, BALD
PELICAN, BROWN
EAGLE, BALD
LADIES'-TRESSES, NAVASOTA
EAGLE, BALD
GAMBUSIA, PECOS
PUPFISH, COMANCHE SPRINGS
PONDWEED, LITTLE AGUJA CREEK ....
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
CRANE, WHOOPING
CRANE, WHOOPING
CRANE, WHOOPING
CURLEW, ESKIMO
PELICAN, BROWN
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
SNOWBELLS, TEXAS
CRANE, WHOOPING
CURLEW, ESKIMO
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
Sterna antillarum.
Haliaeetus leucocephalus:
Bufo houstpnensis.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Eurycea nana.
Typhlomolge rathbuni.
Grus americana.
Etheostoma fonticola.
Gambusia georgei.
Zizania texana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Nerodia harteri paucimaculata.
Grus americana.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
Haliaeetus leucocephalus.
Spiranthes parksii.
Haliaeetus leucocephalus.
Gambusia hobilis.
Cyprinodon elegans.
Potamogeton clystocarpus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Grus americana.
Grus americana.
Grus americana.
Numenius borealis.
Pelicanus occidentalis.
+haradrius melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Styrax texana.
Grus americana.
Numenius borealis.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
-------
51314 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
KNOX ..
LAMAR
LAMPASAS
LAVACA
LEE
LEON
LIBERTY
LIMESTONE
LIPSCOMB
LLANO
MADISON
MARION
MASON
MATAGORDA
MAVERICK
MENARD .
MIDLAND
MILAM
MILLS
MONTAGUE
MONTGOMERY ..
MOORE
MORRIS
NACOGDOCHES
NEWTON
NUECES
OCHILTREE .
ORANGE
PALO PINTO
PANOLA
PARKER
PECOS ..
BIRDS
BIRDS
BIRDS
REPTILES
AMPHIBIANS
BIRDS
AMPHIBIANS
BIRDS
AMPHIBIANS
BIRDS
PLANTS
BIRDS
BIRDS
BIRDS ...
BIRDS ...
PLANTS
BIRDS ...
BIRDS ...
BIRDS ...
REPTILES ,
BIRDS
REPTILES
FISHES
BIRDS
AMPHIBIANS
BIRDS
REPTILES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
REPTILES
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
BIRDS ..
FISHES
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA .
CRANE, WHOOPING
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
SNAKE, CONCHO WATER
TOAD, HOUSTON
CRANE, WHOOPING
TOAD, HOUSTON
CRANE, WHOOPING
TOAD, HOUSTON
EAGLE, BALD
LADIES'-TRESSES, NAVASOTA
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
CRANE, WHOOPING
LADIES'-TRESSES, NAVASOTA
EAGLE, BALD
CRANE, WHOOPING
CRANE, WHOOPING
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
CRANE, WHOOPING
EAGLE,BALD
SNAKE, CONCHO WATER
GAMBUSIA, CLEAR CREEK
CRANE, WHOOPING
TOAD, HOUSTON
CRANE, WHOOPING
SNAKE, CONCHO WATER
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD '.
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TURTLE, GREEN SEA
TURTLE, HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SEA.
TURTLE, LEATHERBACK SEA
TURTLE, LOGGERHEAD SEA
CRANE, WHOOPING
EAGLE, BALD
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
CRANE, WHOOPING
GAMBUSIA, PECOS
PUPFISH, LEON SPRINGS
Dermocheiys coriacea.
Caretta caretta.
Grus americana.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Nerodia harteri paucimaculata.
Bufo houstonensis.
Grus americana.
Bufo houstonensis.
Grus americana.
Bufo houstonensis.
Haliaeetus leucocephalus.
Spiranthes parksii.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Grus americana.
Spiranthes parksii.
Haliaeetus leucocephalus.
Grus americana.
Grus americana.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermocheiys coriacea.
Caretta caretta.
Grus americana.
Haliaeetus leucocephalus.
Nerodia harteri paucimaculata.
Gambusia heterochir.
Grus americana.
Bufo houstonensis.
Grus americana.
Nerodia harteri paucimaculata.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermocheiys coriacea.
Caretta caretta.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Grus americana.
Gambusia nobilis.
Cyprinodon bovinus.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51315
II. COUNTY/SPECIES LIST—Continued
[The following list Identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
POLK
POTTER
RANDALL ....
REAL
RED RIVER ,
REEVES
REFUGIO .....
ROBERTS
ROBERTSON ,
RUNNELS
RUSK
SAB1NE
SAN AUGUSTINE
SAN JACINTO
SAN PATRICIO ....
SAN SA BA
SHACKELFORD....
SHELBY
SOMERVELL
STARR
STERLING
TARRANT
THROCKMORTON
TOM GREEN.
TRAVIS
TRINITY
TYLER
UPSHUR .....
UVALDE
VALVERDE
VICTORIA
BIRDS ...
BIRDS ...
BIRDS ...
PLANTS
BIRDS ...
FISHES
BIRDS ..
BIRDS ....
AMPHIBIANS
BIRDS
PLANTS ...
REPTILES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
REPTILES
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
REPTILES
AMPHIBIANS
BIRDS
BIRDS
BIRDS
BIRDS
PLANTS
BIRDS
PLANTS
BIRDS ...
WALKER
WALLER .
BIRDS
BIRDS
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
SNOWBELLS, TEXAS
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
GAMBUSIA, PECOS
PUPFISH, COMANCHE SPRINGS
CRANE, WHOOPING
EAGLE, BALD
PELICAN, BROWN
PLOVER, PIPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
TOAD, HOUSTON >
CRANE, WHOOPING
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
LADIES'-TRESSES, NAVASOTA
SNAKE, CONCHO WATER
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
CRANE, WHOOPING
PELICAN, BROWN
PLOVER, PIPING
CRANE, WHOOPING
EAGLE, BALD
SNAKE, CONCHO WATER
EAGLE, BALD
EAGLE, BALD
CRANE, WHOOPING
TERN, INTERIOR (POPULATION
: LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
PLOVER, PIPING
CRANE, WHOOPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE, BALD
SNAKE, CONCHO WATER
SALAMANDER, BARTON SPRINGS
CRANE, WHOOPING
EAGLE,BALD
EAGLE, BALD
EAGLE, BALD
SNOWBELLS, TEXAS
EAGLE, BALD
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
. LEAST.
SNOWBELLS, TEXAS
CRANE, WHOOPING
EAGLE, BALD
PELICAN, BROWN
EAGLE, BALD
EAGLE, BALD s
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Styrax texana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Gambusia nobilis.
Cyprinodon elegans.
Grus americana.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
+haradrius melodus.
Sterna antillarum.
Sterna antillarum.
Bufo houstonensis.
Grus americana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Spiranthes parksii.
Nerodia harteri paucimaculata.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Grus americana.
Pelicanus occidentalis.
+haradrius melodus.
Grus americana.
Haliaeetus leucocephalus.
Nerodia harteri paucimaculata.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Grus americana.
Sterna antillarum.
Sterna antillarum.
Grus americana.
+haradrius melodus.
Grus americana.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus.
Nerodia harteri paucimaculata.
EURYCEA SOSORUM.
Grus americana.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
Styrax texana.
Haliaeetus leucocephalus.
Sterna antillarum.
Sterna antillarum.
Styrax texana.
Grus americana.
Haliaeetus leucocephalus.
Pelicanus occidentalis.
Haliaeetus leucocephalus.
Haliaeetus leucocephalus.
-------
51316
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.)
State/County ,
WASHINGTON
WEBB
WHARTON
WHEELER
WICHITA
WILBARGER
WILLACY
WILLIAMSON
WILSON
WISE
YOUNG
ZAPATA
UTAH
BEAVER
BOX ELDER
CACHE
CARBON
DAGGETT
DAVIS
DUCHESNE
EMERY
GARFIELD
Group name
BIRDS
PLANTS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
REPTILES
BIRDS
BIRDS
BIRDS
BIRDS . . .
BIRDS
BIRDS
PLANTS
BIRDS
FISHES
BIRDS
BIRDS
FISHES
BIRDS
FISHES
PLANTS
BIRDS
BIRDS
PLANTS
BIRDS
FISHES
PLANTS
BIRDS
FISHES
Inventory name
CRANE, WHOOPING
EAGLE BALD
LADIES'-TRESSES NAVASOTA
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE, WHOOPING
EAGLE BALD
""CRANE, WHOOPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CRANE WHOOPING
TERN, INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
CURLEW ESKIMO
PELICAN, BROWN
PLOVER PIPING
TURTLE GREEN SEA
TURTLE HAWKSBILL SEA
TURTLE, KEMP'S (ATLANTIC) RIDLEY
SE.
TURTLE LEATHERBACK SEA
TURTLE LOGGERHEAD SEA
CRANE WHOOPING
CRANE WHOOPING
CRANE, WHOOPING '.
CRANE, WHOOPING
TERN INTERIOR (POPULATION
LEAST).
TERN, INTERIOR (POPULATION)
LEAST.
EAGLE BALD
MILK-VETCH RYDBERG
EAGLE BALD
TROUT LAHONTAN CUTTHROAT
EAGLE BALD
EAGLE BALD -.
CHUB BONYTAIL
CHUB HUMPBACK
SQUAWFISH COLORADO
SUCKER RAZORBACK
CRANE WHOOPING
EAGLE BALD
SQUAWFISH COLORADO
SUCKER RAZORBACK
LADIES'-TRESSES UTE .•
EAGLE BALD
CRANE WHOOPING
EAGLE BALD
LADIES'-TRESSES UTE
EAGLE BALD
CHUB BONYTAIL
CHUB HUMPBACK
SQUAWFISH COLORADO
SUCKER RAZORBACK
CYCLADENIA JONES
EAGLE BALD
CHUB BONYTAIL . .
CHUB. HUMPBACK
Scientific name
Grus americana.
Haliaeetus leucocephalus.
Spiranthes parksii.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Haliaeetus leucocephalus.
Grus americana.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Sterna antillarum.
Sterna antillarum.
Grus americana.
Sterna antillarum.
Sterna antillarum.
Numenius borealis.
Pelicanus occidentalis.
+haradrius melodus.
Chelonia mydas.
Eretmochelys imbricata.
Lepidochelys kempii.
Dermochelys coriacea.
Caretta caretta.
Grus americana.
Grus americana.
Grus americana.
Grus americana.
Sterna antillarum.
Sterna antillarum.
Haliaeetus leucocephalus
ASTRAGALUS PERIANUS
Haliaeetus leucocephalus
Salmo clarki henshawi
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Gila elegans
Gila cypha
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Grus americana
Haliaeetus leucocephalus
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Spiranthes diluvialis
Haliaeetus leucocephalus
Grus americana
Haliaeetus leucocephalus
Spiranthes diluvialis
Haliaeetus leucocephalus
Gila elegans
Gila cypha
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Cycladenia humilis var. jonesii
Haliaeetus leucocephalus
Gila elegans
Gila cvoha
IR/FF*
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51317
II. COUNTY/SPECIES LIST—Continued
[Thfl following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
GRAND
IRON
JUAB
KANE,
MILLARD .
MORGAN
PIUTE
RICH
SALT LAKE
SAN JUAN .
SANPETE ....
SEVIER
SUMMIT
TOOELE
UtNTAH ,
UTAH .....
WASATCH
WASHINGTON ....
WAYNE
WEBER
VERMONT
ADDISON
BENNINGTON ....
CALEDONIA
CHITTENDEN ....
PLANTS
BIRDS ..
FISHES
FISHES
BIRDS ..
FISHES
PLANTS
BIRDS ...
PLANTS
BIRDS ...
BIRDS ...
FISHES .
PLANTS
SNAILS .
BIRDS ...
BIRDS ...
BIRDS ...
PLANTS
BIRDS ...
BIRDS ...
PLANTS
BIRDS ...
FISHES .
PLANTS
BIRDS ...
BIRDS ...
PLANTS
BIRDS ...
BIRDS ...
PLANTS
BIRDS ...
PLANTS
BIRDS ...
FISHES .
PLANTS
BIRDS ...
BIRDS ...
FISHES .
PLANTS
BIRDS ...
PLANTS
BIRDS
BIRDS
BIRDS
BIRDS
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
BUTTERCUP, AUTUMN
CYCLADENIA, JONES
LADIES'-TRESSES, UTE ....
MILK-VETCH, RYDBERG ...
CRANE, WHOOPING
EAGLE, BALD
CHUB, BONYTAIL
CHUB, HUMPBACK
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
CYCLADENIA, JONES
EAGLE, BALD
MILK-VETCH, RYDBERG ...
EAGLE, BALD
EAGLE, BALD
CHUB, BONYTAIL
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
CYCLADENIA, JONES
AMBERSNAIL, KANAB
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
MILK-VETCH, RYDBERG ...
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
LADIES'-TRESSES, UTE ....
EAGLE, BALD
CHUB, BONYTAIL
CHUB, HUMPBACK
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
SEDGE, NAVAJO
EAGLE, BALD
EAGLE, BALD
MILK-VETCH, RYDBERG ...
CRANE, WHOOPING
EAGLE, BALD
EAGLE, BALD
LADIES'-TRESSES, UTE ....
CRANE, WHOOPING
EAGLE, BALD
CHUB, BONYTAIL
CHUB, HUMPBACK
SQUAWFISH, COLORADO
SUCKER, RAZORBACK
LADIES'-TRESSES, UTE ....
EAGLE. BALD
SUCKER, JUNE
LADIES'-TRESSES, UTE ....
EAGLE, BALD
EAGLE, BALD
CHUB, VIRGIN RIVER
WOUNDFIN
EAGLE, BALD
CHUB, BONYTAIL
CHUB, HUMPBACK
SQUAWFISH, COLORADO
SUCKER,RAZORBACK
LADIES'-TRESSES, UTE ....
EAGLE, BALD
LADIES'-TRESSES, UTE ....
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Ranunculus acriformis var. aestiva ...
Cycladenia humilis var. jonesii
Spiranthes diluvialis
ASTRAGALUS PERIANUS
Grus americana
Haliaeetus leucocephalus
Gila elegans
Gila cypha
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Cycladenia humilis var. jonesii
Haliaeetus leucocephalus
ASTRAGALUS PERIANUS
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Gila elegans
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Cycladenia humilis var. jonesii
OXYLOMA HAYDENI KANABENSIS
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
ASTRAGALUS PERIANUS
Grus americana ,
Haliaeetus leucocephalus
Haliaeetus leucocephalus ,
Spiranthes diluvialis ,
Haliaeetus leucocephalus ,
Gila elegans ,
Gila cypha ,
Ptychocheilus lucius ,
XYRAUCHEN TEXANUS ,
Carex specuicola ,
Haliaeetus leucocephalus ,
Haliaeetus leucocephalus ,
ASTRAGALUS PERIANUS
Grus americana ,
Haliaeetus leucocephalus ,
Haliaeetus leucocephalus
Spiranthes diluvialis
Grus americana
Haliaeetus leucocephalus
Gila elegans
Gila cypha
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Spiranthes diluvialis
Haliaeetus leucocephalus
Chasmistes liorus
Spiranthes diluvialis
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Gila robusta seminuda
Plagopterus argentissimus
Haliaeetus leucocephalus
Gila elegans
Gila cypha
Ptychocheilus lucius
XYRAUCHEN TEXANUS
Spiranthes diluvialis
Haliaeetus leucocephalus
Spiranthes diluvialis ..:
Haliaeetus leucocephaius
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR
IR,F
IR,F
IR,F
IR,F
-------
51318
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 I Notices
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FF*
ESSEX
FRANKLIN
GRAND ISLE ...
LAMOILLE
ORANGE
ORLEANS
RUTLAND
WASHINGTON
WINDHAM
WINDSOR
WASHINGTON
ADAMS
ASOTIN
BENTON ..
CHELAN ..
CLALLAM
CLARK
COLUMBIA
COWLITZ
DOUGLAS
FERRY
FRANKLIN
GARFIELD
ISLAND
JEFFERSON
KING .....
KITSAP ....
KITTITAS ,
KLICK1TAT
LEWIS
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
BIRDS ...
PLANTS
BIRDS ...
CLAMS ..
PLANTS
BIRDS ..
BIRDS ..
FISHES
BIRDS
FISHES
BIRDS
MAMMALS
BIRDS
BIRDS ...
FISHES .
PLANTS
FISHES .
BIRDS
FISHES
PLANTS ....
BIRDS
BIRDS
MAMMALS
BIRDS-
FISHES
FISHES
GRANT
GRAYS HARBOR
BIRDS
BIRDS
BIRDS
BIRDS
BIRDS
MAMMALS
BIRDS
BIRDS
MAMMALS
BIRDS
FISHES
BIRDS
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD .......
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
EAGLE, BALD
BULRUSH,
{=BARBED BRIS.
EAGLE, BALD
MUSSEL, DWARF WEDGE
MILK-VETCH, JESUP'S
NORTHEASTERN
EAGLE, BALD
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER).
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
BEAR, GRIZZLY ,
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE
HOWELLIA, WATER
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER.
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
MURRELET, MARBLED
SALMON, SNAKE RIVER SOCKEYE ......
CHECKER-MALLOW, NELSON'S
EAGLE, BALD
EAGLE, BALD
BEAR, GRIZZLY
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER).
SALMON, SNAKE RIVER SOCKEYE
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER).
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
EAGLE, BALD
MURRELET, MARBLED
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN
EAGLE, BALD
MURRELET, MARBLED
BEAR, GRIZZLY
EAGLE, BALD
MURRELET, MARBLED
EAGLE, BALD
MURRELET, MARBLED
BEAR, GRIZZLY
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
MURRELET, MARBLED
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Scirpus ancistrochaetus...
Haliaeetus leucocephalus ,
Alasmidonta heterodon
Astragalus robbinsii var. jesupi.
Haliaeetus leucocephalus
Haliaeetus leucocephalus
ONCORHYNCHUS TSHAWYTSCHA
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidental
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA
HOWELLIA AQUATILIS
ONCORHYNCHUS TSHAWYTSCHA
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
ONCORHYNCHUS NERKA
SIDALCEA NELSONIANA
Haliaeetus leucocephalus
Haliaeetus leucocephalus
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
ONCORHYNCHUS TSHAWYTSCHA
ONCORHYNCHUS NERKA
ONCORHYNCHUS TSHAWYTSCHA
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
CHARADRIUS ALEXANDRINUS
NIVOSUS.
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Ursus arctos (=U.a. horribilis) '.
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA ,..,....,...,>.•.
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS ......
IR.F
IR,F
IR.F
IR,F
IR.F
IR.F
IR.F
IR,F
IR.F
IR,F
IR,F
IR,F
IR,F
IR.FF
IR,FF
IR.FF
IR.FF
IR.FF
IR.FE
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR,FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR,FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF.
-------
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Notices 51319
II. COUNTY/SPECIES LIST—Continued
[The following list identifies federally listed or proposed U.S. species by State and County. It has been updated through March 31,1995.]
State/County
Group name
Inventory name
Scientific name
IR/FP
LINCOLN
MASON
OKANOGAN,
PACIFIC
PEND OREILLE .
PIERCE
SAN JUAN
SKAGIT
SKAMANIA
SNOHOMISH
SPOKANE ...
STEVENS ....
THURSTON.
WAHKIAKUM ...
WALLA WALLA
WHATCOM .
WHITMAN
YAKIMA
MAMMALS
BIRDS
BIRDS
PLANTS ....
BIRDS
MAMMALS
BIRDS
FISHES
BIRDS
MAMMALS
BIRDS
MAMMALS
BIRDS
BIRDS
MAMMALS
BIRDS
FISHES
BIRDS
MAMMALS
BIRDS
PLANTS ....
BIRDS
MAMMALS
BIRDS
PLANTS
BIRDS ...
BIRDS
FISHES
BIRDS
FISHES
MAMMALS
BIRDS
FISHES
BIRDS
MAMMALS
BEAR, GRIZZLY
EAGLE, BALD
EAGLE, BALD
HOWELLIA, WATER
EAGLE, BALD
BEAR, GRIZZLY
EAGLE, BALD
GOOSE, ALEUTIAN CANADA .
MURRELET, MARBLED
PELICAN, BROWN
PLOVER, WESTERN SNOWY
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
BEAR, GRIZZLY
EAGLE, BALD
MURRELET, MARBLED
BEAR, GRIZZLY
EAGLE, BALD .-.
EAGLE, BALD
MURRELET, MARBLED
BEAR, GRIZZLY
EAGLE, BALD
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
MURRELET, MARBLED
BEAR, GRIZZLY
EAGLE, BALD
HOWELLIA, WATER
EAGLE, BALD
BEAR, GRIZZLY
EAGLE, BALD
MURRELET, MARBLED
HOWELLIA, WATER
EAGLE, BALD
MURRELET, MARBLED
PELICAN, BROWN ;
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER.
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
MURRELET, MARBLED
SALMON, SNAKE RIVER SOCKEYE
BEAR, GRIZZLY
EAGLE, BALD
SALMON, CHINOOK (SNAKE RIVER
SPRING/SUMMER).
SALMON, SNAKE RIVER SOCKEYE
EAGLE, BALD
BEAR, GRIZZLY
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
Haliaeetus leucocephalus
HOWELLIA AQUATILIS
Haliaeetus leucocephalus
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
Branta canadensis leucopareia
BRACHYRAMPHUS MARMORATUS
Pelicanus occidental
CHARADRIUS ALEXANDRINUS
NIVOSUS.
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
Ursus arctos (=U.a. horribilis) .....
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
HOWELLIA AQUATILIS
Haliaeetus leucocephalus
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
HOWELLIA AQUATILIS
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
Pelicanus occidentalis
Haliaeetus leucocephalus
ONCORHYNCHUS TSHAWYTSCHA
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
BRACHYRAMPHUS MARMORATUS
ONCORHYNCHUS NERKA
Ursus arctos (=U.a. horribilis)
Haliaeetus leucocephalus
ONCORHYNCHUS TSHAWYTSCHA
ONCORHYNCHUS NERKA
Haliaeetus leucocephalus
Ursus arctos (=U.a. horribilis)
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR,FF
IR.FF
IR.FF
IR,FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FJ?
IR,FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR.FF
IR,FF
IR.FF
IR.FF
IR,FF
IR.FF
* Permit Is being issued for these areas only: IR=Federal Indian Reservations, FF=Federal Facilities.
(FR Doc. 95-23257 Filed 9-28-95; 8:45 am]
B1LUNQ CODE 6S60-50-P
*U.S. GOVERNMENT PRINTING OFFICE: 1995 -401 - 862 / 40429
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