Monday
June 2, 1997
Part II
Environmental
Protection Agency
Proposed Reissuance of NPDES General
Permits for Storm Water Discharges
From Construction Activities; Notice
Agency Information Collection Activities:
Notice
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Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL-5832-6]
Proposed Reissuance of NPDES
General Permits for Storm Water
Discharges From Construction
Activities
AGENCY: Environmental Protection
Agency (EPA). ..
ACTION: Notice of proposed NPDES
general permits.
SUMMARY: The Regional Administrators
of Regions I, II, III, VI, VII, VIII, IX, and
X are today proposing to re-issue
National Pollutant Discharge
Elimination System (NPDES) general
permits for storm water discharges
associated with construction activity.
EPA first issued permits for these
activities in September 1992. Almost all
of these existing permits expire in
September 1997 and today's proposed
permits will be replacements. Today's
permits are similar to the 1992 permits
and will authorize the discharge of
storm water from construction activities
consistent with the terms and
conditions of these permits.
ADDRESSES: The index to the
administrative record for this permit is
available at the appropriate Regional
Office or from the EPA Water Docket in
Washginton, DC. The complete
administrative record is located at die
Water Docket, MC-4101, U.S. EPA, 401
M Street SW, Washington, DC 20460.
Copies of information in the record are
available upon request. A reasonable fee
may be charged for copying. Specific
record information can also be made
available at the appropriate Regional
Office upon request.
FOR FURTHER INFORMATION CONTACT: For
further information on the proposed
NPDES general permit write or
telephone the EPA Regional Storm
Water Coordinators at the addresses
listed in Part IV. J. of this Fact Sheet.
PUBLIC COMMENT PERIOD: The public
comment period for this proposed
permit will be from the date of
publication until August 1, 1997. All
public comments shall be submitted to:
ATTN: CBGP—Comments, W-97-01,
Water Docket MC-4101, U.S. EPA,
Room 2616 Mall, 401 M Street SW.,
Washington, DC 20460
Please submit the original and three
copies of your comments and enclosures
(including references). Comments must
be received or post-marked by midnight
no later than August 1, 1997. To ensure
that EPA can read, understand and
therefore properly respond to
comments, the Agency would prefer
that commenters cite, where possible,
the paragraph(s) or sections in the
notice or supporting documents to
which each comment refers.
Commenters who want EPA to
acknowledge receipt of their comments
should enclose a self-addressed stamped
envelope. No facsimiles (faxes) will be
accepted. Comments may also be
submitted electronically to: ow-
docket@epamail.epa.gov. Electronic
comments must be submitted as an
ASCII file avoiding the use of special
characters and forms of encryption.
Electronic comments must be identified
by the docket number W-97-01. No
Confidential Business Information (CBI)
should be submitted through e-mail.
Comments and data will also be
accepted on disks in WordPerfect 5.1
format or ASCII file format. Electronic
comments on this notice may be filed
online at many Federal Depository
Libraries.
The record for these proposed permits
has been established under docket
number W-97-01, and includes
supporting documentation as well as
printed, paper versions of electronic
comments. It does not include any
information claimed as CBI. The record
is available for inspection from 9 am to
4 pm, Monday through Friday,
excluding legal holidays, at the Water
Docket, Room M2616, Washington, DC
20460. For access to the docket
materials, please call (202) 260-3027 to
schedule an appointment.
Public Hearings
Public hearings will be held at the
times and locations provided below.
EPA Region 1:
Boston, Massachusetts
Date: Thursday, July 24, 1997.
Time: 6:00 pm-9:00 pm.
Place: John A. Volpe National
Transportation Systems Center, 55
Broadway—Kendall Square,
Cambridge, MA 02142.
Portland, Maine
Date: Tuesday, July 22, 1997.
Time: 2:00 pm-5:00 pm.
Place: Portland City Hall, 389
Congress Street, Room 208,
Portland, ME 04101.
Concord, New Hampshire
Date: Tuesday, July 1, 1997.
Time: 6:00 pm-9:00 pm.
Place: Department of Environmental
Services, Auditorium, 6 Hazen
Drive, Concord, NH 03302.
EPA Region 6:
Public Meetings
Houston, TX: June 17,1997, 1:00 pm,
Howard Johnson/Hobby, 7777 Airport
Blvd., Houston, Texas.
Albuquerque, NM: June 20, 1997, 1:00
pm, University of New Mexico,
Student Union Grand Ballroom,
Albuquerque, New Mexico.
Dallas, TX: July 10, 1997, 9:00 am, EPA
Region 6 Offices, 12th Floor, 1445
Ross Ave., Dallas, Texas.
Public Hearing
Dallas, TX: July 10, 1997, 1:00 pm, EPA
Region 6 Offices, 12th Floor, 1445
Ross Ave., Dallas, Texas.
The public meetings will include a
presentation on die draft permits and a
question and answer session. Written,
but not oral, comments for the official
permit record will be accepted at the
public meetings. The public hearing in
Dallas covers all Region 6 draft permits
proposed today, will be conducted in
accordance witfi 40 CFR 124.12, and
provides interested parties with the
opportunity to provide written and/or
oral comments for the official record.
EPA Region 9:
Date: July 24, 1997.
Time: 1-5 p.m.
Place: Arizona Department of
Environmental Quality, Public Meeting
Room, 3033 North Central Ave.,
Phoenix, Arizona.
EPA Region 10:
Boise, Idaho
Date: Thursday, July 24, 1997.
Time: 6:00 pm-10:00 pm.
Place: Idaho Public Television
Building, Telemedia Room (First
Floor), 1455 North Orchard, Boise,
Idaho 83706
Seattle, Washington
Date: Tuesday, July 29, 1997.
Time: 6:00 pm-10:00 pm.
Place: Park Place Building, Denali/
Kenai Room (14th Floor), 1200 6di
Avenue, Seattle, Washington 98101
Anchorage, Alaska
Date: Thursday, July 31, 1997.
Time: 5:00 pm-9:00 pm.
Place: Federal Building/United States
Court House, Room 135, 222 West
7th Avenue, Anchorage, Alaska
99513
SUPPLEMENTARY INFORMATION:
Contents
I. Introduction
n. Coverage of General Permits
HI. Summary of Options for Controlling
Pollutants
IV. Summary of Permit Conditions
A. Eligibility
B. Limitations on Coverage
C. Obtaining Coverage
D. Terminating Coverage
E. Notice of Intent Requirements
1. Deadlines for Submitting NOIs
2. Contents of the NOI
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29787
3, Where to Submit
4, Additional Notification
F. Special Conditions, Management
Practices and Other Non-Numeric
Limitations
1. Prohibitions on Non-storm Water
Discharges
2. Releases of Reportable Quantities of
Hazardous Substances or Oil
3. Compliance with Water Quality
Standards
4. Operator Responsibility
G. Pollution Prevention Plan Requirements
1. Deadline for Plan Preparation
2. Signature and Plan Review
3. Making Plans Available
4. Keeping Plans Current
5. Contents of the Plan
a. Site Description
b. Controls to Reduce Pollutants
c. Maintenance
d. Inspections
e. Non-Storm Water Discharges
6. Additional Requirements
7. Contractors/Subcontractors
H, Retention of Records
I. Notice of Termination Requirements
J. Regional Offices
V. Cost Estimates
VI. Economic Impact (Executive Order
128G6)
VII. Unfunded Mandates Reform Act
VHL Paperwork Reduction Act
IX. Section 401/Coastal Zone Management
Act Certification
X, Regulatory Flexibility Act
XI. Official Signatures
Part I—Introduction
The Regional Administrators of the
United States Environmental Protection
Agency (EPA) are proposing to re-issue
general permits to authorize storm water
discharges associated with construction
activity disturbing five or greater acres.
EPA is expanding coverage in this
proposal to also provide for coverage for
construction sites of under five acres of
disturbed land where designated by the
Director for coverage under 40 CFR
122.26(a)(l)(v) or 122.26(a)(9) and
122,26(g)(l)(i). These proposed permits
will take the place of the existing
construction storm water general
permits, which in almost all cases were
issued for five year terms in September
1992 and expire in September 1997.
These proposed new permits are
similar to the existing permit, with
several changes. The most significant
changes include expanded conditions to
protect endangered and threatened
species; new conditions to protect
historic properties; a new requirement
to post a copy of the permit coverage
confirmation and a brief description of
the project; provide for public access to
copies of a pollution prevention plan on
the site, or in another nearby location
where It can be viewed by the public,
if they request; terms for construction
activities transitloning from the existing
permit; clarification of who must be a
permittee and their requirements; a
streamlined permitting option for utility
companies; the requirement to submit a
notice of permit termination when
construction is completed; the ability to
acquire permit coverage for other
construction dedicated industrial
activities (e.g. concrete batching plant)
under this one permit; and pollution
prevention plan performance objectives.
Point source discharges of storm
water associated with industrial activity
are prohibited unless authorized under
a National Pollutant Discharge
Elimination System (NPDES) permit by
die Clean Water Act. In 1990, EPA
promulgated die storm water permit
application rule (55 FR 47990), as
revised, which defined what types of
industrial activity are subject to this
requirement. EPA defined storm water
discharges associated with industrial
activity to include construction activity
disturbing five or more acres of land.
EPA issued the first general permits to
cover construction activities in
September 1992. These proposed
general permits for storm water
discharges associated with construction
activity will be issued with distinctiy
different permit numbers in the
following areas:
Region 1: The Commonwealth of
Massachusetts, the States of Maine and
New Hampshire, and Indian Country
lands in the Commonwealth of
Massachusetts, the States of Maine, New
Hampshire, Rhode Island, and
Connecticut; and Indian Country lands
and Federal facilities in Vermont.
Region 2: The Commonwealth of
Puerto Rico and Indian Country lands in
the State of New York.
Region 3: District of Columbia;
Federal facilities in the State of
Delaware.
Region 6: The States of New Mexico
and Texas; Indian Country lands in
Louisiana, Oklahoma and Texas; New
Mexico (except Navajo Reservation
lands (see Region 9) and Ute Mountain
Ute Reservation lands (see Region 8)).
Region 7: Indian Country lands in
Iowa, Kansas and Nebraska, (except
Pine Ridge Reservation lands (see
Region 8)).
Region 8: Federal facilities in
Colorado and Indian Country lands in
Colorado (including the portion of the
Ute Mountain Ute Reservation located
in New Mexico); Indian Country lands
in Montana; Indian Country lands in
North Dakota (including that portion of
the Standing Rock Reservation located
in South Dakota—except for the Lake
Traverse Reservation which is covered
under the permit for areas of South
Dakota); Indian Country lands in South
Dakota (including the portion of the
Pine Ridge Reservation located in
Nebraska and the portion of the Lake
Traverse Reservation located in North
Dakota—except for the Standing Rock
Reservation which is covered under the
permit for areas of North Dakota); Indian
County lands in Utah (except Goshute
and Navajo Reservation lands (see
Region 9)) and Indian Country lands in
Wyoming.
Region 9: The Island of American
Samoa, the State of Arizona, the Island
of Guam, Johnston Atoll, Midway Island
and Wake Island, Commonwealth of the
Northern Mariana Islands; and Indian
Country lands in the State of Arizona
(including Navajo Reservation lands in
New Mexico and Utah), the State of
California, and the State of Nevada
(including the Duck Valley Reservation
in Idaho, the Fort McDermitt
Reservation in Oregon and the Goshute
Reservation in Utah).
Region 10: The States of Idaho and
Alaska; Indian Country lands in Idaho
(except Duck Valley Reservation (see
Region 9)), Alaska, Washington, and
Oregon (except see Region 9 for Fort
McDermitt Reservation); and Federal
facilities in Washington.
Part II—Coverage of General Permits
Section 402 (p) of the Clean Water Act
(CWA) states that storm water
discharges associated with industrial
activity to waters of the United States
must be authorized by an NPDES
permit. On November 16, 1990, EPA
published regulations under the NPDES
program which defined the term "storm
water discharge associated with
industrial activity". Included in this
definition are storm water discharges
from construction activities (including
clearing, grading, and excavation
activities) that result in the disturbance
of five or more acres of total land area,
including smaller areas that are part of
a larger common plan of development or
sale (40 CFR 122.26(b)(14)(x)).i These
types of construction activity are
commonly referred to as Phase I
construction activities. The term "storm
water discharge from construction-
activities" will be used in this
document to refer to the variety of storm
water discharges from Phase I
construction sites that are related to
actions commonly occurring on, or in
' On June 4, 1992, the United States Court of
Appeals for the Ninth Circuit remanded the
exemption for construction sites of less than five
acres to the EPA for further rulemaking (Natural
Resources Defense Council v. EPA, Nos. 90-70671
and 91-70200, slip op. at 6217 (9th Cir. June 4,
1992). Until a new rule is promulgated to address
sites of under five acres, EPA will continue to
require NPDES permits for storm water discharges
from construction activities of five or more acres.
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Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
support of, construction, including
those that meet the definition of a storm
water discharge associated with
industrial activity or those that are
designated under the designation
provisions of 40 CFR 122.26.
The previous permit may have created
some confusion as to eligibility for
operators of sites disturbing less than
five acres that are part of a larger
common plan of development or sale.
EPA is clarifying in today's proposed
permit, that all construction activity
regulated under 40 CFR 122.26(b)(14)(x)
is eligible for coverage under this permit
including small construction sites
disturbing less than five acres that are
a part of a larger common plan of
development of which disturbance
cumulatively exceeds five acres. These
are also Phase I construction activities.
EPA further clarifies that singular
construction sites with disturbances of
less than five acres are not eligible for
coverage under this permit unless they
are specifically designated for coverage
under 40 CFR 122.26 (a)(l)(v) or under
122.26(a)(9) and 122.26(g)(l)(i). Under
EPA's existing regulations, these
facilities are required to submit permit
applications not later than August 7,
2001, unless an applicant is specifically
required by the Director to submit an
application before that time. These
small (Phase II) construction sites will
be addressed by EPA in future
rulemaking in response to the Ninth
Circuit decision. EPA is employing the
assistance of a Federal Advisory
Committee to make recommendations
on how best to deal with such sites. EPA
will publish a proposed rule addressing
these Phase II small construction
activities by September 1, 1997 and will
finalize this rule by March 1, 1999. As
a result of this effort, if singular
construction sites of less than five acres
are regulated under the NPDES Phase II
storm water permitting program,
permits for those sites will be issued at
a future date.
EPA issued the first round of Phase I
construction general permits on two
dates; September 9, 1992 for certain
States and territories and on September
25, 1992 for the remaining States and
territories where EPA is the permitting
authority. Today's proposed permit is
the second round permit for use in the
States, Territories and Indian Country
lands where EPA is the NPDES
permitting authority. In this second
round permit, EPA is expanding permit
coverage to certain Indian Country lands
which were not covered under the 1992
permit. These new areas are listed in the
areas of coverage section of the
proposed permit and this fact sheet.
All Phase I construction activity
operators in EPA Region IV should take
note, that different from the 1992
permit, this second round permit no
longer authorizes discharges from
construction activities in Indian
Country lands located in Florida,
Mississippi or North Carolina. EPA
Region IV is preparing a separate second
round permit for use in all Region IV
areas where EPA is the NPDES
permitting authority. This permit was
separately noticed in the Federal
Register on April 16, 1997 (Volume 62,
Number 73, pages 18605-18628) for
storm water discharges in Florida.
EPA intends to issue this second
round construction storm water general
permit prior to expiration of the existing
1992 permit which expires on
September 9, 1997 for most locations
where EPA is the permitting authority
and on September 25,1997 for the other
areas. EPA intends to make every effort
to issue this permit prior to the
expiration date of the existing permits.
However, if this does not occur, under
the Administrative Procedures Act
(APA), when EPA is the permit issuing
authority, the conditions in an expired
permit remain in force until the
effective date of the new permit,
provided the applicant submits a timely
application (40 CFR 122.6, 48 FR 14158
(April 1, 1983)).
EPA is proposing that construction
projects currently authorized to
discharge under the 1992 construction
general permit, submit a new notice of
intent (NOI) for continued coverage
under the APA extended permit, should
they need continuing permit coverage
past the expiration date. If a project is
scheduled to begin near the time of
permit expiration and EPA has yet to '
issue the new permit, EPA recommends
that the operator submit an NOI further
in advance of the start of the project
than the minimum 48 hours and prior
to expiration of the existing permit.
Upon issuance of the new permit,
operators as defined in this proposed
permit, must submit an NOI in
accordance with the requirements of the
permit. The proposed permit proposes
the use of a revised NOI form. This new
general permit would authorize storm
water discharges from existing
construction sites and new construction
sites over the five year term of issuance.
To obtain authorization under today's
permit, a discharger must submit a
complete and accurate NOI and comply
with the terms of the permit. The terms
of the permit, including the
requirements for submitting an NOI, are
discussed in more detail below.
The following discharges are not '
authorized by this proposed general
permit:
• Storm water discharges associated
with industrial activity that originate
from the site after construction activities
have been completed and the site has
undergone final stabilization;
• Non-storm water discharges (except
certain non-storm water discharges
specifically listed in today's general
permit). However, today's permit can
authorize storm water discharges from
construction activities where the
discharges are mixed with non-storm
water discharges that are authorized by
a different NPDES permit;
• Storm water discharges from
construction activities that are covered
by an existing NPDES individual or
general permit. However, storm water
discharges associated with industrial
activity from a construction site that are
authorized by an existing permit may be
authorized by today's general permit
after the existing permit expires,
provided the expired permit did not
establish numeric limitations for the
storm water discharges;
• Storm water discharges from
construction activities that the Director
has determined to be or may reasonably
be expected to be contributing to a
violation of a water quality standard;
• Storm water discharges from
construction activity and the
construction and implementation of
Best Management Practices (BMPs) to
control storm water runoff, if the •""""'
discharges are likely to adversely affect
a listed endangered or threatened
species or its critical habitat (unless in
compliance with specific Endangered
Species Act (ESA) related permit
conditions in this permit); and
• Storm water discharges from
construction activities, and the
construction and implementation of
Best Management Practices (BMPs) to
control storm water runoff, if the
discharges are not in compliance with
the National Historic Preservation Act
(NHPA).
Part III—Summary of Options for
Controlling Pollutants
EPA is providing the following
summary information on controlling
pollutants in storm water discharges in
order to assist permittees in preparing
storm water pollution prevention plans.
Most controls for construction activities
can be categorized into two groups:
• Sediment and erosion controls; and
• Storm water management measures.
Sediment and erosion controls
generally address pollutants in storm
water generated from the site during the
time when construction activities are
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29789
occurring. Storm water management
measures generally are installed during
and before competition of the
construction process, but primarily
result in reductions of pollutants in
storm water discharged from the site
after the construction has been
completed. Additional measures
include housekeeping best management
practices.
A, Sediment and Erosion Controls
Erosion controls provide the first line
of defense in preventing offsite
sediment movement and are designed to
prevent erosion through protection and
preservation of soils. Sediment controls
are designed to remove sediment from
runoff before the runoff is discharged
from the site. Sediment and erosion
controls can be further divided into two
major classes of controls: stabilization
practices and structural practices. Major
types of sediment and erosion practices
are summarized below. A more
complete description of these practices
is given in "Storm Water Management
for Construction Activities: Developing
Pollution Prevention Plans and Best
Management Practices," U.S. EPA, 1992.
1. Sediment and Erosion Controls:
Stabilization Practices
Stabilization, as discussed here, refers
to covering or maintaining an existing
cover over soils. The cover may be
vegetation, such as grass, trees, vines, or
shrubs. Stabilization measures can also
include nonvegetative controls such as
geotextiles, riprap, or gabions (wire
mesh boxes filed with rock). Mulches,
such as straw or bark, are most effective
when used in conjunction with
establishing vegetation, but can be used
without vegetation. Stabilization of
exposed and denuded soils is one of the
most important factors in minimizing
erosion while construction activities
occur, A vegetation cover reduces die
erosion potential of a site by absorbing
the kinetic energy of raindrops that
would otherwise disturb unprotected
soil; intercepting water so diat it
infiltrates into the ground instead of
running off the surface; and slowing the
velocity of runoff, thereby promoting
deposition of sediment in the runoff.
Stabilization measures are often the
most important measures taken to
prevent offsite sediment movement and
can provide large reductions suspended
sediment levels in discharges and
receiving waters.2 Examples of
stabilization measures are summarized
below.
a. Temporary Seeding. Temporary
seeding provides for temporary
stabilization by establishing vegetation
at areas of the site where activities will
temporarily cease until later in the
construction project. Without temporary
stabilization, soils at these areas are
exposed to precipitation for an extended
time period, even though work is not
occurring on these areas. Temporary
seeding practices have been found to be
up to 95 percent effective in reducing
erosion.3
b. Permanent Seeding. Permanent
seeding involves establishing a
sustainable ground cover at a site.
Permanent seeding stabilizes the soil to
reduce sediment in runoff from the site
by controlling erosion and is typically
required at most sites for aesthetic
reasons.
c. Mulching. Mulching is typically
conducted as part of permanent and
temporary seeding practices. Where
temporary and permanent seeding is not
feasible, exposed soils can be stabilized
by applying plant residues or other
suitable materials to the soil surface.
Although generally not as effective as
seeding practices, mulching by itself,
does provide some erosion control.
Mulching in conjunction with seeding
provides erosion protection prior to the
onset of vegetation growth. In addition,
mulching protects seeding activities,
providing a higher likelihood of
successful establishment of vegetation.
To maintain optimum effectiveness,
mulches must be anchored to resist
wind displacement.
d. Sod Stabilization. Sod stabilization
involves establishing long-term stands
of grass with sod on exposed surfaces.
When installed and maintained
properly, sodding can be more than 99
percent effective in reducing erosion,4
making it the most effective vegetation
practice available. The cost of sod
stabilization (relative to other vegetative
controls) typically limits its use to
exposed soils where a quick vegetative
cover is desired and sites which can be
maintained with ground equipment. In
addition, sod is sensitive to climate and
may require intensive watering and
fertilization.
e. Vegetative Buffer Strips. Vegetative
buffer strips are preserved or planted
strips of vegetation at the top and
bottom of a slope, outlining property
boundaries, or adjacent to receiving
J "Performance of Current Sediment Control
Measures Jit Maryland Construction Sites." January
1990, Metropolitan Washington Council of
Governments.
3 "Guides for Erosion and Sediment Control In
California," USDA, Soil Conservation Service,
Davis CA, Revised 1985.
4 "Guides for Erosion and Sediment Control In
California," USDA—Soil Conservation Service,
Davis CA. Revised 1985.
waters such as streams or wetlands.
Vegetative buffer strips can slow runoff
flows at critical areas, decreasing
erosion and allowing sediment
deposition.
r. Protection of Trees. This practice
involves preserving and protecting
selected trees that exist on the site prior
to development. Mature trees provide
extensive canopy and root systems
which help to hold soil in place. Shade
trees also keep soil from drying rapidly
and becoming susceptible to erosion.
Measures taken to protect trees can vary
significandy, from simple measures
such as installing tree fencing around
the drip line and installing tree
armoring, to more complex measures
such as building retaining walls and tree
wells.
2. Sediment and Erosion Controls:
Structural Practices
Structural practices involve the
installation of devices to divert flow,
store flow, or limit runoff. Structural
practices have several objectives. First,
structural practices can be designed to
prevent water from crossing disturbed
areas where sediment may be removed.
This involves diverting runoff from
undisturbed up slope areas through use
of earth dikes, temporary swales,
perimeter dike/swales, or diversions to
stable areas. A second objective of
structural practices can be to remove
sediment from site runoff before the
runoff leaves the site. Approaches to
removing sediment from site runoff
include diverting flows to a trapping or
storage device or filtering diffuse flow
through silt fences before it leaves the
site. All structural practices require
proper maintenance (removal of
sediment) to remain functional.
a. Earth Dike. Earth dikes are
temporary berms or ridges of compacted
soil that channel water to a desired
location. Earth dikes should be
stabilized with vegetation.
b. Silt Fence. Silt fences are a barrier
of geotextile fabric (filter cloth) used to
intercept sediment in diffuse runoff.
They must be carefully maintained to
ensure structural stability and to remove
excess sediment.
c. Drainage Swales. A drainage swale
is a drainage channel lined with grass,
riprap, asphalt, concrete, or other
materials. Drainage swales are installed
to convey runoff without causing
erosion.
d. Sediment Traps. Sediment traps
can be installed in a drainage way, at a
storm drain inlet, or other points of
discharge from a disturbed area.
e. Check Dams. Check dams are small
temporary dams constructed across a
swale or drainage ditch to reduce the
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velocity of runoff flows, thereby
reducing erosion of the swale or ditch.
Check dams should not be used in a live
stream. Check dams reduce the need for
more stringent erosion control practices
in the swale due to the decreased
velocity and energy of runoff.
f. Level Spreader. Level spreaders are
outlets for dikes and diversions
consisting of an excavated depression
constructed at zero grade across a slope.
Level spreaders convert concentrated
runoff into diffuse runoff and release it
onto areas stabilized by existing
vegetation.
g. Subsurface Drain. Subsurface
drains transport water to an area where
the water can be managed effectively.
Drains can be made of tile, pipe, or
tubing.
h. Pipe Slope Drain. A pipe slope
drain is a temporary structure placed
from the top of a slope to the bottom of
a slope to convey surface runoff down
slopes without causing erosion.
i. Temporary Storm Drain Diversion.
Temporary storm drain diversions are
used to re-direct flow in a storm drain
to discharge into a sediment trapping
device.
j. Storm Drain Inlet Protection. Storm
drain inlet protection can be provided
by a sediment filter or an excavated
impounding area around a storm drain
inlet. These devices prevent sediment
from entering storm drainage systems
prior to permanent stabilization of the
disturbed area.
k. Rock Outlet Protection. Rock
protection placed at the outlet end of
culverts or channels can reduce the
depth, velocity, and energy of water so
that the flow will not erode the
receiving downstream reach.
1. Other Controls. Other controls
include temporary sediment basins,
sump pits, entrance stabilization
measures, waterway crossings, and
wind breaks.
B. Storm Water Management Measures
Storm water management measures
are installed during and prior to
completion of the construction process,
but primarily result in reductions of
pollutants in storm water discharged
from the site after the construction has
been completed. Construction activities
often result in significant changes in
land use. Such changes typically
involve an increase in the overall
imperviousness of the site, which can
result in dramatic changes to the runoff
patterns of a site. As the amount within
a drainage area increases, the amount of
pollutants carried by the runoff
increases. In addition, activities such as
automobile travel on roads can result in
higher pollutant concentrations in
runoff compared to preconstruction
levels. Traditional storm water
management controls attempt to limit
the increases in the amount of runoff
and the amount of pollutants discharged
from a site associated with the change
in land use.
Major classes of storm water
management measures include
infiltration of runoff onsite; flow
attenuation by vegetation or natural
depressions; outfall velocity dissipation
devices; storm water retention
structures and artificial wetlands; and
storm water detention structures. For
many sites, a combination of these
controls may be appropriate. A
summary of storm water management
controls is provided below. A more
complete description of storm water
management controls is found in
"Storm Water Management for
Construction Activities: Developing
Pollution Prevention Plans and Best
Management Practices," U.S. EPA, 1992,
and "A Current Assessment of Urban
Best Management Practices,"
Metropolitan Washington Council of
Governments, March 1992.
1. Onsite Infiltration
A variety of infiltration technologies,
including infiltration trenches and
infiltration basins, can reduce the
volume and pollutant loadings of storm
water discharges from a site. Infiltration
devices tend to mitigate changes to
predevelopment hydrologic conditions.
Properly designed and installed
infiltration devices can reduce peak
discharges, provide ground water
recharge, augment low flow conditions
of receiving streams, reduce storm water
discharge volumes and pollutant loads,
and protect downstream channels from
erosion. Infiltration devices are a
feasible option where soils are
permeable and the water table and
bedrock are well below the surface.
Infiltration basins can also be used as
sediment basins during construction5.
Infiltration trenches can be more easily
placed into under-utilized areas of a
development and can be used for small
sites and infill developments. However,
trenches may require regular
maintenance to prevent clogs,
particularly where grass inlets or other
pollutant removing inlets are not used.
In some situations, such as low density
areas of parking lots, porous pavement
can provide for infiltration.
2. Flow Attenuation by Vegetation or
Natural Depressions
Flow attenuation provided by
vegetation or natural depressions can
provide pollutant removal and
infiltration and can lower the erosive
potential of flows6. In addition, these
practices can enhance habitat values
and the appearance of a site. Vegetative
flow attenuation devices include grass
swales and filter strips as well as trees
that are either preserved or planted
during construction.
Typically the costs of vegetative
controls are less than other storm water
practices. The use of check dams
incorporated into flow paths can
provide additional infiltration and flow
attenuation.7 Given the limited capacity
to accept large volumes of runoff, and
potential erosion problems associated
with large concentrated flows,
vegetative controls should usually be
used in combination with other storm
water devices.
Grass swales are typically used in
areas such as low or medium density
residential development and highway
medians,as an alternative to curb and
gutter drainage systems.8.
3. Outfall Velocity Dissipation Devices
Outfall velocity dissipation devices
include riprap and stone or concrete
flow spreaders. Outfall velocity
dissipation devices slow the flow of
water discharged from a site to lessen
erosion caused by the discharge.
4. Retention Structures/Artificial
Wetlands
Retention structures include ponds
and artificial wetlands that are designed
to maintain a permanent pool of water.
Properly installed and maintained
retention structures (also known as wet
ponds) and artificial wetlands 9 can
achieve a high removal rate of sediment,
BOD, organic nutrients and metals, and
are most cost-effective when used to
control runoff from larger, intensively
developed sites.10 These devices rely on
settling and biological processes to
5 "Controlling Urban Runoff: A Practical Manual
for Planning and Designing Urban BMPs," July,
1987, Metropolitan Washington Council of
Governments.
6 "Urban Targeting and BMP Selection," United
States EPA, Region V, November 1990.
7 "Standards and Specifications for Infiltration
Practices," 1984, Maryland Water Resources
Administration.
8 "Controlling Urban Runoff: A Practical Manual
for Planning and Designing Urban BMPs,"
Metropolitan Washington Council of Governments,
July 1987.
9 See' 'Wetland basins for Storm Water Treatment:
Discussion and Background," Maryland Sediment
and Storm Water Division, 1987 and "The Use of
Wetlands for Controlling Stormwater Pollution,"
Strecker, E., et. al., 1990.
10 "Controlling Urban Runoff, A Practical Manual
for Planning and Designing Urban BMPs,"
Metropolitan Washington Council of Governments,
1987.
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29791
remove pollutants. Retention ponds and
artificial wetlands can also create
wildlife habitat, recreation, and
landscape amenities, as well as
corresponding higher property values.
5. Water Quality Detention Structures
Storm water detention structures
Include extended detention ponds,
which control the rate at which the
pond drains after a storm event.
Extended detention ponds are usually
designed to completely drain in about
24 to 40 hours, and will remain dry at
other times. They can provide pollutant
removal efficiencies that are similar to
those of retention ponds.11 Extended
detention systems are typically designed
to provide both water quality and water
quantity (flood control) benefits.
C. Housekeeping BMPs
Pollutants that may enter storm water
from construction sites because of poor
housekeeping include oils, grease,
paints, gasoline, concrete truck wash
down, raw materials used in the
manufacture of concrete (e.g., sand,
aggregate, and cement), solvents, litter,
debris, and sanitary wastes.
Construction site management plans can
address the following to prevent the
discharge of these pollutants:
* Designate areas for equipment
maintenance and repair;
• Provide waste receptacles at
convenient locations and provide
regular collection of wastes;
• Locate equipment wash down areas
on site, and provide appropriate control
ofwashwaters;
• Provide protected storage areas for
chemicals, paints, solvents, fertilizers,
and other potentially toxic materials;
and
• Provide adequately maintained
sanitary facilities.
Part IV—Summary of Permit
Conditions
A. Eligibility
These proposed permits would
authorize all discharges of storm water
from construction activities, except
those discussed under the Limitations
on Coverage section. Any discharge
authorized by a different NPDES permit
may be commingled with discharges
authorized by this permit. The proposed
permit would also authorize discharges
from support activities which are
related to the construction project (e.g.,
concrete or asphalt batch plants,
equipment staging yards, material
storage areas, etc.) provided that the
support activities meet the following
conditions:
• The support activity is not a
commercial operation serving multiple
unrelated construction projects and
does not operate beyond the completion
of the construction project; and
• Appropriate controls and measures
are identified in the storm water
pollution prevention plan for the
discharges from the support activity
areas.
B. Limitations on Coverage
The following storm water discharges
from construction sites are not
authorized by this permit:
1. Storm water discharges which
originate from the site after the
construction activities have been
completed and the site has undergone
• final stabilization
2. Storm water discharges which are
mixed with non storm water sources
other than those identified and in
compliance with the permit. Non storm
water discharges which are authorized
under a different NPDES permit may be
commingled with discharges authorized
under this permit.
3. Storm water discharges associated
with construction activity that have
been issued an individual permit or
required to obtain coverage under an
alternative general permit are not
covered under this permit.
4. Storm water discharges which the
Director (EPA) has determined to be or
may reasonable be expect to be
contributing to a violation of water
quality standards are not covered by this
permit.
5. Discharges which are not in
compliance with the Endangered
Species Act (ESA). In order to obtain
coverage, the applicant must certify to
meeting one of the criteria detailed in
the permit. The criteria are as follows:
(a) The storm water discharge(s), and
the construction and implementation of
Best Management Practices (BMPs) to
control storm water runoff, are not
likely to adversely affect species
identified in Addendum Al2 of this
permit or critical habitat for a listed
species; or (b) the applicant's activity
has received previous authorization
M "Urban Targeting and BMP Selection." United
Sutcs EPA, Region V, November 1990.
" Proposed Addendum A is a State/County
listing of endangered species that applicants can
refer to to ensure compliance with the eligibility
terms and conditions of the proposed permit.
Addendum A is not included in this notice, but can
be found as Addendum H to the Multi-Sector Storm
Water General Permit Issued on September 29, 1995
(60 FR 50804). EPA will prepare a final Addendum
A to accompany the issuance of the final permit
after the public comment period. Reviewers
wishing to make comment on Addendum A for
today's proposed permit may do so by reviewing
Addendum H in the Multi-Sector Permit.
under section 7 or section 10 of the
Endangered Species Act and that
authorization addressed storm water
discharges and/or BMPs to control
storm water runoff (e.g., developer
included impact of entire project in
consultation over a wetlands dredge and
fill permit under Section 7 of the
Endangered Species Act); or (c) the
applicant's activity was considered as
part of a larger, more comprehensive
assessment of impacts on endangered
and threatened species under section 7
or section 10 of the Endangered Species
Act that which accounts for storm water
discharges and BMPs to control storm
water runoff (e.g., where an area-wide
habitat conservation plan and section 10
permit is issued which addresses
impacts from construction activities
including those from storm water, or a
National Environmental Policy Act
(NEPA) review is conducted which
incorporates ESA section 7 procedures);
or (d) consultation under section 7 of
the Endangered Species Act is
conducted for the applicant's activity
which results in either a no jeopardy
opinion or a written concurrence on a
finding of no likelihood of adverse
effects; or (e) the applicant's activity
was considered as part of a larger, more
comprehensive site-specific assessment
of impacts on endangered and
threatened species by the owner or other
operator of the site and that permittee
certified eligibility under item (a), (b),
(c), or (d) above (e.g., owner was able to
certify no adverse impacts for the
project as a whole under item (a), so the
contractor can then certify under item
(e)). Utility companies applying for
permit coverage for the entire permit
area of coverage as defined under Part
LA. may certify under item (e) since
authorization to discharge is contingent
on a principal operator of a construction
project having been granted coverage
under this, or an alternative NPDES
permit for the areas of the site where
utilities installation activities will
occur.
EPA notes that it is requiring all
applicants to follow directions provided
in Addendum A to ensure protection of
listed species and critical habitat when
applying for permit coverage. Those
directions require that applicants assess
the impacts of their "storm water
discharges" and "BMPs to control storm
water run off on listed species and
critical habitat that are located "in
proximity" to the those discharges and
BMPs. In proximity is defined at
Addendum A to include species:
located in the path or immediate area
through which or over which
contaminated point source storm water
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Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
flows from construction 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; or located in the area
of a site where storm water BMPs are
planned or are to be constructed. This
definition reflects the purpose of this
permit which regulates storm water
discharges and measures (i.e., BMPs) to
control those discharges. However, EPA
also solicits comment on whether the
area or scope of impacts to be
considered by applicants should be
broadened to encompass listed species
found on the entire construction site
and not just those species found "in
proximity" as currendy defined in
Addendum A.
6. Storm water discharges adversely
affecting properties eligible for
protection under die National Historic
Preservation Act. To be eligible for
coverage under this permit, all
applicants must determine whether
their storm water discharges or BMPs to
control storm water runoff would affect
a property that is listed or is eligible for
listing in the National Historic Register
maintained by the Secretary of Interior
(also known as "historic properties" in
the NHPA regulations at 36 CFR 800.2).
Applicants must comply with all
requirements in this permit (including
those pertaining to the development of
storm water pollution prevention plans
and submission of NOIs) to protect
historic properties. Coverage under this
permit is available only if (a) the storm
water discharges or BMPs to control
storm water run off do not affect a
property that is listed or is eligible for.
listing in the National Historic Register
maintained be the Secretary of Interior;
or, (b) the applicant consults with the
State Historic Preservation Officer
(SHPO) or the Tribal Historic
Preservation Officer (THPO) on the
potential for adverse effects which
results in a no effect finding; or (c) the
applicant has obtained and is in
compliance with a written agreement
between the applicant and the SHPO/
THPO that outlines all measures to be
undertaken by die applicant to mitigate
or prevent adverse effects to the historic
property; or (d) the applicant agrees to
implement and comply with the terms
of a written agreement between another
owner/operator (e.g., subdivision
developer, property owner, etc.) and the
SHPO/THPO diat outlines all measures
to be undertaken by operators on the
site to mitigate or prevent adverse
effects to the historic property; or (e) the
applicant's activity was considered as
part of a larger, more comprehensive
site-specific assessment of effects on
historic properties by the owner or other
operator of the site and that permittee
certified eligibility under items (a), (b),
(c), or (d) above. Utility companies
applying for permit coverage for the
entire construction site may certify
under item (d) since authorization to
discharge is contingent on a principal
operator of a construction project having
been granted coverage under this, or an
alternative NPDES permit for the areas
of the site where utilities installation
activities will occur.
This permit does not authorize any
storm water discharges or BMPs to
control storm water runoff which are
not in compliance with any applicable
State or local historic preservation laws.
C. Obtaining Coverage
Dischargers who submit a complete
and accurate NOI in accordance with
the requirements of this permit are
authorized to discharge storm water
from construction sites under the terms
and conditions of diis permit. As
proposed, audiorization to discharge
occurs two days after the date that the
NOI is postmarked, unless otherwise
notified by EPA. Dischargers must have
developed and be ready to implement a
Storm Water Pollution Prevention Plan
(SWPPP) for die areas of the
construction project for which they are
responsible prior to submission of the
NOI. A new NOI must be filed by the
new operator when an operator changes
or when a new operator is added.
The Agency requests comment on an
alternative time frame for NOI
submittal. EPA solicits comments on
requiring a 30-day advance time frame
in which to submit a notice of intent.
EPA believes this additional time would
allow for a more timely administrative
processing of each NOI and allow EPA
time to acknowledge coverage and
assign a permit number to the permittee
prior to work actually commencing on
the site. In addition, the 30-day advance
notice period may allow EPA more time
to review potential impacts of
construction activities on endangered
species and historic properties.
Comments on this option should be
submitted during the public review and
comment period described above.
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., water quality
information, compliance history, etc.).
Where EPA requires a discharger
authorized under the 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 is required.
Coverage under this general permit will
automatically terminate if die discharger
fails to submit die required individual
or alternative permit application in a
timely manner. Where the discharger
does submit a requested permit
application, coverage under this general
permit will automatically terminate oh
the effective date of the issuance or
denial of die individual NPDES permit
or the alternative general permit as it
applies to the individual permittee.
D. Terminating Coverage
Operators needing to terminate
coverage must submit a Notice of
Termination (NOT). Permittees must *
submit die NOT within 30 days after
completion of their construction
activities and final stabilization of their
portion of the site. An NOT must also
be submitted by the first operator when
another operator takes over the
responsibilities of a previous -operator.
Notice of Termination requirements are
discussed later in this fact sheet. When.
a utility company is covered by an area
wide permit for installation of services,
it is not required to. submit NOTs for
each project.
E. Notice of Intent Requirements
NPDES general permits for storm
water discharges associated with'
industrial activity require that
dischargers submit a Notice of Intent
(NOI) to be covered by the permit prior
to the authorization of their discharges
under such permit (see, 40 CFR
122.28(b)(2), (April 2,1992, (57 FR
11394)). Consistent with diese
regulatory requirements, today's permit
establishes NOI requirements. '..'..
Dischargers that submit a complete and
accurate NOI are not required to submit
an individual permit application for
such discharge, unless die Director
specifically notifies the discharger that
an individual permit application must
be submitted.
Dischargers who want to obtain
coverage under this permit must submit
an NOI using the form provided by EPA
(or a photocopy thereof). Proposed NOI
forms are in Addendum C of the
proposed permit. Each entity which
meets either of the two criteria in Part
IX (Definitions) of die permit for an
"operator" must submit an NOI. An
"operator" is any party associated with
a construction project which has
operational control over project
specifications (including the ability to
make modifications in specifications) or
has day-to-day operational control of
those activities at a project site which
are necessary to ensure compliance with
the permit. The criteria for an operator
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29793
in the permit are the same as EPA
intended for the existing permits.
However, a definition for the term
operator has been added to the permit
for clarification.
The rationale for the criteria for an
operator was discussed in Appendix
A—Summary of Responses to Public
Comment which accompanied the
issuance of the expiring permit
(September 9.1992. (57 FR 41190)). To
ensure effective implementation of the
requirements of the permit, the permit
must directly regulate each entity with
control over the critical functions
Identified above in die definition of an
operator. Control over project
specifications Is necessary to ensure that
a project design includes appropriate
sediment and erosion control measures
and post construction storm water
management measures. Day to day
operational control is necessary to
ensure effective Implementation of
permit requirements at a project site.
The entitles who are considered
operators will commonly consist of the
owner or developer of a project (the
party with control of project
specifications) and the general
contractor (the party with day to day
operational control of the activities at
project site which are necessary to
ensure compliance with the permit).
Contractors and subcontractors who are
under the general supervision of the
general contractor are not considered
operators and would not need to submit
NOIs. However, they must certify that
they understand the terms and
conditions of the proposed permit in
accordance with Part IV. E of the permit.
Utility companies (e.g., telephone,
electric, gas, cable TV, etc.) are a special
class of operator. They typically disturb
only a very small portion of the
construction site during installation of
above ground or underground utility
lines, Main service lines are typically
installed before construction of
buildings, with stubs left for later
connections to Individual houses or
buildings as they are completed. All this
utility Installation is typically done by
utility company personnel or
contractors hired directly by the utility ,
company. All installation is typically
completed long before final site
stabilization is even possible, so utility
companies will seldom, if ever, have
responsibility for final stabilization
(except for areas disturbed by utility
companies only during the construction
process). While the owner of the project
specifies what level of service is desired
and safety codes dictate minimum
specifications (e.g., size and type of
electric wire, depth of trenches, etc.),
the utility company retains the ultimate
decision on specifications (e.g., could
choose to install bigger lines to serve
future demand in adjacent areas) and
retains ownership of the utility lines
after they are installed in the utility
easements. The utility company's long
term ownership of utility lines is
significant, in that developers and
construction companies typically
transfer the completed project to the
ultimate owner and have no future
interest in the site. Utility contractors
hired by a utility company or other site
operators and not meeting the definition
of "operator" are considered
subcontractors for the purpose of the
permit and are covered by the
subcontractor certification requirements
ofPartlV.E.
In some ways utility companies
operate akin to subcontractors, but often
without a contract since State/Tribal
laws typically require the utility
company to provide service to anyone
who pays the appropriate installation
charges. At times, only one utility
company may exist for a particular
service within a service area. A site
owner often has no choice about which
utility company to use and even where
there is a choice it is usually between
a limited number of "authorized" utility
companies. Once a utility company is
selected, the site operator typically must
allow the utility company to do the
installation and cannot choose to install
the lines itself. This adds up to a very
limited, if any, direct control a site
operator actually has over utility
company operations on a site other than
identifying where easements and
structures will be located and
coordination on timing of installation.
In addition, during enforcement actions
there have been complaints from the
construction industry that there have
been instances where lack of
coordination and clear definition of
responsibilities have led to damage to
storm water control measures without
the operator of such measures even
being aware that another party was on
site.
Recognizing the special case utility
companies present, today's permit
proposes to establish special NOI and
permit requirements for the limited
construction activities by utility
companies and to allow coverage for the
entire permit area with the submittal of
a single NOI. Area-wide coverage would
only be available provided the site
owner/operator has previously obtained
coverage for the more comprehensive
construction activities at the site and the
pollution prevention plan addresses
utilities installation and assigns
responsibilities for control measures.
As envisioned, the site owner/
operator could develop measures
specifically for the utility and include
them in a "master" pollution prevention
plan, or the utility company could
provide appropriate control measures
for its activities on site to the site
owner/operator for attachment to the
"master" pollution prevention plan.
Given the limited activities of utility
companies, the site inspection and other
permit conditions of a more
comprehensive nature would default to
the site owner/operator for
implementation. This conditional
permit coverage reduces the
administrative and financial burden of
requiring separate NOIs for each utility
company operating at every
construction site.
Some of the other options considered
for addressing utilities installation
included: requiring a full NOI and
pollution prevention plan for each
utility company project or allowing the
utility company to submit a single NOI
for area wide permit coverage, but
requiring a pollution prevention plan
for each project (or providing an
addendum for the site operator's plan).
While either alternative could satisfy
the requirements of the Clean Water
Act, the Agency prefers to implement a
process with fewer administrative
burdens and economic impacts. A
requirement for a separate NOI from
each utility company at a site would
add two to six additional NOIs per
project. This would increase the
administrative burden on the regulated
community, the States, Tribes and EPA.
A requirement for NOIs and full
pollution prevention plans from each
utility company at a site would add
unnecessary cost to the relatively
routine process of installing utilities (as
opposed to the more complicated
aspects of managing runoff from an
entire construction project). This added
cost would eventually be passed on to
the owner/buyer of the completed
project. While utility companies do
have a role in preventing pollution of
storm water at construction sites, the
Agency has attempted to include utility
company accountability in the permit in
the most practicable manner possible.
The Agency requests comments on these
and any alternative methods to insure
accountability and equity for all
operators at construction sites.
Dischargers operating under approved
State, Tribal or local sediment and
erosion plans, grading plans, or storm
water management plans, must, in
addition to filing copies of the NOI with
EPA, submit signed copies of the NOI to
the State or local agency approving such
plans by the deadlines stated below.
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1. Deadlines for Submitting NOIs
Deadlines for submittal of NOIs to be
authorized to discharge under this
permit are as follows:
* Parties with operational control
over project specifications, (the owners
and/or developers), must submit an NOI
at least two days prior to
commencement of the construction
activity.
• Other parties with day to day
operational control of activities at a
project site must submit an NOI two
days prior to their commencing work at
the site.
• For storm water discharges from
construction sites where the operator
changes, (including projects where an
operator is added after an NOI has been
submitted), an NOI shall be submitted at
least two days prior to when the
operator commences work at the site.
• Utility companies (telephone, gas,
electric, water, sewer and cable etc.)
whose involvement in an individual
construction project is limited to
installation of underground or above
ground service lines and associated
equipment to provide connections from
a main transmission line to individual
customers, may file a single NOI to
obtain coverage for all such activities in
the defined areas of permit coverage. A
utility company should file for coverage
at least two days prior to beginning
work. Coverage obtained by utility
companies in this manner is limited to
the utility company's activities on sites
where an operator of the individual
construction project has obtained
coverage under this permit; an alternate
general permit or an individual permit.
The pollution prevention plan for the
construction site must identify control
measures for the installation of the
utilities and the parties responsible for
those measures.
When a Utility company is
constructing a project for itself, it must
obtain permit coverage on a case by case
basis in the manner described for
operators with control over project
specifications (i.e.; two days prior to
beginning work). Permittees with
construction projects authorized to
discharge under the previous general
permit issued in 1992 must:
• Submit a new NOI within thirty
(30) days of the effective date of this
permit in order to continue
authorization to discharge after July 2,
1997. If the permittee will be eligible to
submit a Notice of Termination (NOT)
(e.g., construction finished and final
stabilization complete) before the 30th
day, no NOI is required.
• During the time between the
effective date of this permit and July 2, .
1997, comply with the terms and
conditions of the 1992 baseline general
permit they were previously authorized
under and submitted an NOI for
extended coverage as described under
the Administrative Procedures Act
before termination of the 1992 baseline
general permit.
• Update their current pollution
prevention plan to comply with the
requirements of Part IV no later than
July 2, 1997.
EPA will accept an NOI at a later date
for any unpermitted activities that may
have occurred between the time
construction commenced and the time
authorization is received. Late NOIs can
only provide coverage for future
discharges and do not retro-actively
apply to any unpermitted discharges
that may have occurred in the past.
Options Considered: Several options
for NOI deadlines were considered. As
described above, the Agency requests
comment on an alternative NOI
submittal time frame of 30-days.
Commenters should give consideration
to the criteria that could be used to
establish the final permit's NOI
deadlines, such as: recognizing the time
lapse between submission of the NOI
and receipt of actual discharge
authorization and minimizing the
impact this time lapse could have on the
construction industry, providing a
mechanism for considering each
project's potential impacts on the
environment, endangered species or •
historic properties and thus their
eligibility for general permit coverage,
providing a realistic time for at least one
operator (typically the owner) at a
construction project to receive
confirmation of permit coverage,
providing a common link between the
various permittees at a construction site,
and minimizing, where possible, the
total number of NOIs that would be
necessary at each construction project.
The proposed option contained in this
proposed permit is to retain the two day
NOI deadline used in the 1992 permits.
The advantage of this approach is the
short turn-around in obtaining permit
coverage. While there are certain
problems regarding coverage that have
arisen with a short time frame,
including inadvertentiy granted
coverage and incomplete NOIs, EPA
believes that such deficiencies have
been resolved without adverse impacts
on the environment. EPA is continuing
this option as the preferred option due
to the flexibility to provide permit
coverage for these activities in a timely
fashion without adverse impact on the
environment.
The option EPA is requesting
comment on would require a longer lead
time for NOI submittal by the owner or
developer of the site that would allow
enough time for that permittee to
receive confirmation of permit
authorization, including an assigned
permit number. This initial NOI would
include an assessment of the permit
eligibility of the site as a whole,
including addressing any endangered
species or historic preservation
concerns early on in the process.
Subsequent applicants, such as the
contractors hired by the owner/
developer, could then rely on this initial
assessment and be eligible to file an NOI
only two days prior to commencing
work. This option could possibly reduce
the cost to implement a pollution
prevention plan, in that subsequent
contractors would be able to identify
any owner/develop applicants that may
have already developed a pollution
prevention plan that covers all
construction activities on the site.
Subsequent applicants could thereby
avoid duplicate cost to complete their
own plan specific to their portion of the
site activity.
A third option was to require all
operators to submit NOIs 14 days in
advance of commencing construction.
While this approach allowed additional
time for review of NOIs, experience in
processing of NOIs suggests that two
weeks is not enough time for
determining completeness of the NOI
and returning a response to the
applicant. While electronic filing of
NOIs could help, the Agency currently
does not have the capability to accept
electronic applications and some
operators may not have the ability to file
NOIs electronically.
A fourth option was to require an NOI
for each construction project from the
operators) with control over site
specifications (e.g., developer or owner).
Operators with day to day control over
implementation of storm water controls
(e.g. general contractor) would be
allowed to submit a Single NOI for all
their company's activities within the
permit area. This option had the
obvious advantage of reducing the total
number of NOIs that would heed to be
submitted. However, the operators
implementing a more complex pollution
prevention plan covering all of the site-
dependent activities at a wide range of
different construction sites (as opposed
to the relatively small and consistent
activities of a utility company) would
require a higher level of permit controls
to provide environmental
accountability. Uncertainty over the
time needed to develop the appropriate
permit conditions for such ah approach
lead to abandoning this approach in
favor of concentrating on ensuring that
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29795
a replacement construction general
permit was available for new
construction projects before the current
permit expires.
The Agency requests comments on
the 30-day advance notice option and
welcomes any suggestions on
streamlining obtaining permit coverage
while still ensuring compliance with the
Agency's responsibilities under the
Clean Water Act, the Endangered
Species Act, and the National Historic
Preservation Act. The Agency notes that
it is currently undergoing consultation
under section 7 of the Endangered
Species Act and plans to initiate
consultation under sections 106 and 110
of the National Historic Preservation Act
on the issuance of this permit. These
consultations may result in additional
permit conditions to protect endangered
and threatened species, critical habitat,
and historic properties.
2. Contents of the NOI.
An NOI (a draft copy of a proposed
new form is found in Addendum C of
today's notice (or a photocopy)) must be
completed and submitted to EPA's NOI
Center address to obtain authorization
to discharge under today's permit. The
NOI contained in this proposed permit
is a revised NOI. EPA is requesting
much of the same Information as in the
previous form, but has also added
additional questions concerning
endangered species, historic
preservation, and pollution prevention
plan status. EPA is concurrently
providing this NOI to the Office of
Management and Budget for review
under the Paperwork Reduction Act.
The NOI form requires the following
information:
• The street address (description of
location if no street address is
available), county, and the latitude and
longitude of the approximated center of
the construction site/project for which
the notification is submitted;
• The name, address, and telephone
number of the operators) filing the NOI
for permit coverage and operator status
as-a Federal, State, Tribal, private, or
public entity;
• Whether or not the construction
project is located on an Indian lands;
• 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);
• The permit number of other
operator at the site, to the extent
available;
• An estimate of project start date and
completion date, estimate of the number
of acres of the site on which soil will be
disturbed,
Acreage may be determined by
dividing square footage by 43,560, as
demonstrated in the following example.
Convert 54,450 ft2 to acres
Divide 54,450 ft2 by 43,560 square
feet per acre: 54,450 ft 2-5-43,560 ft2/
acre=1.25 acres;
• An estimation of the frequency of
discharge;
• The location of where the pollution
prevention plan can be viewed if
different from the project address.
• A certification that a storm water
pollution prevention plan, including
both construction and post construction
controls, has been prepared for the site
in accordance with the permit and that
such plan complies with approved
State, Tribal and/or local sediment and
erosion plans or permits and/or storm
water management plans or permits. A
copy of the plans or permits should not
be included with the NOI submission,
and should not be submitted unless
requested by EPA;
• Whether any species identified in
Addendum A of the permit are in
proximity to the storm water discharges
to be covered by this permit or to the
BMPs to be used to comply with this
permit. Addendum A of the permit
contains instructions for making this
determination;
• That there will be no effect on any
properties listed or eligible for listing on
the National Register of Historic Places
under the National Historic Preservation
Act that are located on the construction
site; and
• The applicant must also sign a
certification statement indicating an
understanding of the terms and
conditions of the permit.
Notice of Intent Requirements for
Utility Companies seeking Area Wide
Coverage (these requirements apply
only when the utility companies are
installing service):
• The name, address and telephone
number of the utility company filing the
NOI for permit coverage and operator
status as a Federal, State, Tribal, private,
public or public entity;
• The State, Tribal or other area of
which coverage is being requested, and
whether or not any construction projects
will be located on Indian Reservation
lands;
• The name, address, and telephone
number of the utility company's point of
contact for die utility company's
compliance with the area wider
coverage;
• A certification that a storm water
pollution prevention plan with standard
operating procedures of the limited
utility company construction activities .
related to installation of service
connections has been prepared in
accordance with the requirements of
this permit and that the plan provides
compliance with approved state and/or
local sediment and erosion plans or
permits and storm water management
plans or permits; and
• Certification of eligibility and
compliance with the Endangered
Species Act and The National Historic
Preservation Act.
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
Standard Permits Section of the general
permit.
3. Where To Submit
Completed NOI forms are to be
submitted to the address indicated on
the NOI form. The following items
should be posted at the construction site
in a prominent place for public viewing:
a copy of the Director's
acknowledgment of coverage and die
assigned permit number; a local contact
telephone number and address for
public access to view the pollution
prevention plan at reasonable times
during regular business hours (advance
notice by the public of the desire to
view the plan may be required, not to
exceed two working days). The permit
does not require that free copies of the
plan be provided to interested members
of the public, only that they have
reasonable access to view the document
and copy it at their own expense; and
a brief description of the project.
F. Special Conditions Management
Practices, and Other Non-Numeric
Limitations
1. Prohibition on Non-Storm Water
Discharges
Today's proposed permits would not
authorize non-storm water discharges
that are mixed with storm water
discharges except for the specific classes
of non-storm water discharges described
in die permit. Non-storm water
discharges that would be authorized
under today's proposed permits would
include discharges from firefighting
activities; fire hydrant flushings; waters
used to wash vehicles or control dust in
accordance with permit requirements;
potable water sources including
waterline flushings; routine external
building wash down that does not use
detergents; pavement washwaters where
spills or leaks of toxic or hazardous
materials have not occurred (unless all
spilled material has been removed) and
where detergents are not used; air
conditioning condensate; springs;
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Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
uncontaminated ground water; and
foundation or footing drains where
flows are not contaminated with process
materials such as solvents.13 Discharges
of material other than storm water
which are in compliance with another
NPDES permit issued for that discharge
may be mixed with the storm water
discharges authorized by this permit.
To be authorized under today's
proposed permits, these sources of non-
storm water (except flows from
firefighting activities) must be
specifically identified in the storm
water pollution prevention plan
prepared for the facility. (Plan
requirements are discussed in more
detail below).
Today's proposed permits would not
require pollution prevention measures
to be identified and implemented for
non-storm water flows from firefighting
activities since these flows will usually
occur as unplanned emergency
situations where it is necessary to take
immediate action to protect the public.
The general prohibition on non-storm
water discharges in today's permit
ensures that non-storm water discharges
(except for those classes of non-storm
water discharges that are authorized
subject to compliance with certain
conditions) are not inadvertently
authorized by this permit. Where a
storm water discharge is mixed with
process wastewaters or other sources of
non-storm water prior to discharge, and
the discharge is currently not authorized
by an NPDES permit, the discharge
cannot be covered by today's permit and
the discharger should submit the
appropriate application forms (Forms 1
and 2C) to obtain permit coverage or
discontinue the discharge.
2. Releases of Reportable Quantities of
Hazardous Substances or Oil
Today's proposed permits would
provide that the discharge of hazardous
substances or oil from a facility must be
prevented 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 110, 40 CFR 117, or 40 CFR 302,
during a 24-hour period, today's permits
would require the following actions:
• The permittee must notify the
National Response Center (NRC) (800-
424-8802; in the Washington, D.C.
13 These discharges are consistent with the
allowable classes of non-storm water discharges to
municipal separate storm sewer systems (40 CFR
122.26(d)(iv)(D)). This permit would authorize such
discharges consistent with the terms and conditions
of the permit.
metropolitan area 202-426-2675) in
accordance with the requirements of 40
CFR 110, 40 CFR 117, and 40 CFR 302,
as soon as they have knowledge of the
discharge;
• The permittee must modify the
storm water pollution prevention plan
for the facility within 14 calendar days
of knowledge of the release to provide
a description of the release, the date of
the release and the circumstances
leading to the release. In addition, the
permittee must modify the plan, as
appropriate, to identify measures to
prevent the reoccurrence of such
releases and to respond to such releases.
• Within 14 calendar days of the
knowledge of the release, the permittee
must submit to EPA a written
description of the release (including the
type and estimated amount of material
released), the date that such release
occurred, the circumstances leading to
the release, arid (4) any steps to be taken
to minimize the chance of future
occurrences.
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), the spill would
not be authorized by this proposed
permit. The discharger must report the
spill as required under 40 CFR 110. In
the event of a spill, the requirements of
Section 311 of the CWA and otherwise
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-
requirements 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
40CFR117.12(d)(2)(i)).
3. Compliance With Water Quality
Standards
The previous permit did not
specifically address water quality
standards. Today's proposed permit
would require as an eligibility condition
that dischargers seeking coverage under
this permit not be causing or have the
reasonable potential to cause or
contribute to a violation of a water
quality standard. If a discharge is known
to be doing such, prior to or at the time
of application, then the operator may
not seek coverage under this general
permit but must seek coverage under an
alternative permit. Where a discharge is
already authorized under this permit
and is later discovered to cause or have
the reasonable potential to cause or
contribute to the violation of an
applicable State, Tribal or Federal Water
Quality Standard, the permitting
authority will notify the operator of
such violation^) and the permittee shall
take all necessary actions to ensure
future discharges do not cause or
contribute to the violation of a water
quality standard and document these
actions in the pollution prevention plan.
If violations remain or reoccur, then
coverage under this permit will be
terminated by the permitting authority
and an alternative permit may be issued.
Compliance with this requirement does
not preclude any enforcement activity
as provided by the Clean Water Act for
the underlying violation.
4. Operator Responsibility
The proposed permits outline the
expected responsibilities of the various
operators which may be working at the
constructions site. Permittees with
operational control of the project
specifications must ensure that these
specifications meet the minimum
requirements of the pollution
prevention plan; the pollution
prevention plan indicates which area of
the projects they have operational
control over; and ensure that the plan
indicates who has day to day
operational control including names
and permit numbers. If a person with
day to day operational control is not
identified at the time the pollution
prevention plan is developed, the
permittee with operational control of
the project specifications will be
responsible.
Permittees with day to day
operational control of a construction site
must ensure the pollution prevention
plan meets minimum requirements;
ensure that the plan clearly identifies
which areas of die project they have
control over; and ensure that the
pollution prevention plan indicates the
name and permit number of the person
with operational control of the project
specifications.
The permit also identifies partial site
operators. These are operators with
operational control over only a portion
of a larger construction site. These
operators are only responsible for
permit compliance and pollution
prevention plan compliance .as it relates
to their activities on site. They must also
ensure that their activity does not cause
another party's pollution controls to be
less effective. Partial site operators must
either implement their portions of a
common pollution prevention plan or
develop and implement their own
pollution prevention plan.
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29797
G. Pollution Prevention Plan
Requirements
The pollution prevention plans
required by today's permit focus on two
major tasks: (1) Providing a site
description that identifies sources of
pollution to storm water discharges
associated with industrial activity from
the facility; and (2) identifying and
implementing appropriate measures to"
reduce pollutants in storm water
discharges to ensure compliance with
the terms and conditions of this permit.
AH storm water pollution prevention
plans shall be developed in accordance
with good engineering practices.
In developing this permit, the Agency
reviewed a significant number of
existing State and local sediment and
erosion control and storm water
management requirements. State and
local data were reviewed for a wide
range of climates and varying types of
construction activities.
1. Deadlines for Plan Preparation
Today's proposed permits would
require that the storm water pollution
prevention plan must be completed
prior to the submittal of an NOI to be
covered under this permit and updated
as appropriate, including certifications;
2. Signature and Plan Review
Signature and plan review
requirements are as follows:
• The plan must be signed by all
permittees for a site in accordance with
the signatory requirements in the
Standard Permit Conditions section of
the permit, and must be retained on site
at the facility that generates the storm
water discharge. If the site is inactive or
does not have an onsite location
adequate to store the pollution
prevention plan, the location of the
plan, and the phone number of a contact
person shall be posted on site indicating
where the plan can be viewed at
reasonable times during regular
business hours (advance notice by the
public of the desire to view the plan
may be required, not to exceed two
working days). The permit does not
require that free copies of the plan be
provided to Interested members of the
public, only that they have reasonable
access to view the document and copy
it at their own expense. A brief
description of the project shall also be
posted at the construction site in a
prominent and safe place for public
viewing during regular business hours
(alongside the building permit if the
building permit is required to be
displayed).
• EPA may notify the permittee at any
time that the plan does not meet one or
more of the minimum requirements.
The notification shall identify those
provisions of the permit which are not
being met by the plan , and identify
which provisions of the plan require
modification in order to meet the
requirements of the permit. Within
seven calendar days of receipt of such
notification from EPA (or as otherwise
requested by EPA), the permittee must
make the required changes to the plan
and submit to EPA a written
certification that the requested changes
have been made.
3. Making Plans Available
The permittee must make plans
available, upon request, to EPA, State,
Tribal or local agencies approving
sediment and erosion plans, grading
plans, or storm water management
plans; interested members of the public;
local government officials; or to the
operator of the municipal separate storm
sewer which receives the discharge.
4. Keeping Plans Current
The permittee must 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 waters of the United States or to
municipal separate storm sewer
systems. The plan must also be
amended if inspections or investigations
by site operators, local, State, Tribal, or
Federal officials indicate the storm
water pollution prevention plan is
proving to be ineffective in eliminating
or significantly minimizing pollutants
in the storm water discharges from the
construction activity. In addition, the
plan shall be amended to identify any
new contractor and/or subcontractor
that will implement a measure of the
storm water pollution prevention plan.
5. Contents of the Plan
Storm water pollution prevention
plans must include a site description; a
description of controls that will be used
at the site (e.g., erosion and sediment
controls, storm water management
measures); a description of maintenance
and inspection procedures; and a
description of pollution prevention
measures for any non-storm water
discharges that exist.
a. Site Description: Storm water
pollution prevention plans must be
based on an accurate understanding of
the pollution potential of the site. The
first part of the plan requires an
evaluation of the sources of pollution at
a specific construction site. The plan
must identify potential sources of
pollution that may reasonably be
expected to affect the quality of storm
water discharges from the construction
site. In addition, the source
identification components for pollution
prevention plans must provide a
description of the site and the
construction activities. This information
is intended to provide a better
understanding of site runoff and major
pollutant sources. At a minimum, plans
must include the following:
• A description of the nature of the
construction activity. This would
typically include a description of the
ultimate use of the project (e.g., low-
density residential, shopping mall,
highway);
• A description of the intended
sequence of major activities that disturb
soils for major portions of the site (e.g.,
grubbing, excavation, grading);
• Estimates of the total area of the site
and the total area of the site that is
expected to be disturbed by excavation,
grading, or other activities. Where the
construction activity is to be staged, it
may be appropriate to describe areas of
the site that will be disturbed at
different stages of the construction
process;
• Estimates of the runoff coefficient of
the site after construction activities are
completed as well as existing data
describing the quality of any discharge
from the site or the soil. The runoff
coefficient is defined as the fraction of
total rainfall that will appear at the
conveyance as runoff. Runoff
coefficients can be estimated from site
plan maps, which provide estimates of
the area of impervious structures
planned for the site and estimates of
areas where vegetation will be
precluded or incorporated. Runoff
coefficients are one tool for evaluating
the volume of runoff that will occur
from a site when construction is
completed. These coefficients assist in
evaluating pollutant loadings, potential
hydraulic impacts to receiving waters,
and flooding impacts. They are also
used for sizing of post-construction
storm water management measures;
• A site map indicating drainage
patterns and approximate slopes
anticipated after major grading
activities, areas of soil disturbance; an
outline of areas that will not be
disturbed; the location of major
structural and nonstructural controls
identified in the plan; the location of
areas where stabilization practices are
expected to occur; the location of
surface waters (including wetlands); and
locations where storm water is
discharged to a surface water. Site maps
should also include other major features
and potential pollutant sources, such as
the location of impervious structures
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and the location of soil piles during the
construction process;
• A description of any discharge
associated with industrial activity other
than construction (including storm
water discharges from dedicated asphalt
plants and dedicated concrete plants)
and the location of that activity on the
construction site;
• The name of the receiving water(s),
and areal extent of wetland acreage at
the site;
• Information on endangered and
threatened species including whether
any endangered species are in proximity
to the storm water discharges and BMPs
to be constructed to control storm water
runoff; and
• Information on any properties listed
or eligible for listing on the National
Register of Historic Places under the
National Historic Preservation Act that
are located on the construction site.
b. Controls to Reduce Pollutants: The
storm water pollution prevention plan
must describe and ensure the
implementation of practices that will be
used to reduce the pollutants in storm
water discharges from the site and
assure compliance with the terms and
conditions of the permit. Permittees are
required to develop a description of four
classes of controls appropriate for
inclusion in the facility's plan, and
implement controls identified in the
plan in accordance with the plan. The
description of controls must address
erosion and sediment controls, storm
water management, a specified set of
other controls, and any applicable
procedures and requirements of State,
Tribal and local sediment and erosion
plans or storm water management plans.
The pollution prevention plan must
clearly describe the intended sequence
of major activities and when, in relation
to the construction process, the control
will be implemented. Good site
planning and preservation of mature
vegetation are primary control
techniques for controlling sediment in
storm water discharges during
construction activities as well as for
developing a strategy for storm water
management that controls pollutants in
storm water discharges after the
completion of construction activities.
Properly staging major earth disturbing
activities can also dramatically decrease
the costs of.sediment and erosion
controls. The description of the
intended sequence of major activities
will typically describe the intended
staging of activities on different parts of
the site.
Permittees must develop and
implement four classes of controls in
the pollution prevention plan, each of
which is discussed below.
i. Erosion and Sediment Controls: The
requirements for erosion and sediment
controls for construction activities in
this permit have long and short term
goals and criteria. This includes the
following:
• Construction phase erosion and
sediment controls should be designed
with the objective to retain sediment on
site;
• All control measures must be
properly selected and installed in
accordance with good engineering
practices and manufacturers
specifications;
• Off site accumulations of sediment
must be removed at a frequency to
minimize impacts;
• Sediment should be removed from
sediment traps when the design
capacity has been reduced by 50
percent;
• Litter shall be picked up prior to
storm events or otherwise prevented
from entering a receiving water; and
• Offsite material storage areas must
be addressed in the pollution
prevention plan. Erosion and sediment
controls include both stabilization
practices and structural practices.
ii. Stabilization Practices. Pollution
prevention plans must include a
description of interim and permanent
stabilization practices, including site-
specific scheduling of the
implementation of the practices. The
plans should ensure that existing
vegetation is preserved where attainable
and that disturbed portions of the site
are stabilized as quickly as possible.
Stabilization practices are the first line
of defense for preventing erosion; they
include temporary seeding, permanent
seeding, mulching, geotextiles, sod
stabilization, vegetative buffer strips,
protection of trees, preservation of
mature vegetative buffer strips, and
other appropriate measures. Temporary
stabilization practices can be the single
most important factor in reducing
erosion at construction sites.
Stabilization also involves preserving
and protecting selected trees that were
on the site prior to development. Mature
trees have extensive canopy and root
systems, which help to hold soil in
place. Shade trees also keep soil from
drying rapidly and becoming
susceptible to erosion. Measures taken
to protect trees can vary significantiy,
from simple measures such as installing
tree fencing around the drip line and
installing tree armoring, to more
complex measures such as building
retaining walls and tree wells.
Since stabilization practices play such
an important role in preventing erosion,
it is critical that they are rapidly
employed in appropriate areas. This
permit provides that, except in tirree
situations, stabilization measures be
initiated on disturbed areas as soon as
practicable, but no more than 14 days
after construction activity on a
particular portion of the site has
temporarily or permanently ceased. The
three exceptions to this requirement are
the following:
• Where construction activities will
resume on a portion of the site within
21 days from when the construction
activities ceased;
• Where the initiation of stabilization
measures is precluded by snow cover or
frozen ground, in which case,
stabilization measures must be initiated
as soon as practicable; and
• In arid areas (areas with an average
annual rainfall of 0 to 10 inches), semi-
arid area (areas with an average annual
rainfall of 10 to 20 inches), and areas
experiencing droughts, where the
initiation of stabilization measures is
precluded by seasonal arid conditions,
in which case, stabilization measures
must be initiated as soon as practicable.
iii. Structural Practices. The pollution
prevention plan must include a
description of structural practices to the
degree economically attainable, to divert
flows from exposed soils, store flows, or
otherwise limit runoff and the discharge
of pollutants from exposed areas of the
site. Structural controls are necessary
because vegetative controls cannot be
employed at areas of the site that are
continually disturbed and because a
finite time period is required before
vegetative practices are fully effective.
Options for such controls include silt
fences, earth dikes, drainage swales,
check dams, subsurface drains, pipe
slope drains, level spreaders, storm
drain inlet protection, rock oudet
protection, sediment traps, reinforced
soil retaining systems, gabions, and
temporary or permanent sediment
basins. Structural measures should be
placed on upland soils to the degree
possible. Placement of structural
controls in flood plains should be
avoided.
For sites with more than 10 disturbed
acres at one time that are served by a
common drainage location, a temporary
or permanent sediment basin providing
3,600 cubic feet of storage per acre
drained, or equivalent control measures
(such as suitably sized dry wells or
infiltration structures), must be
provided where attainable until final
stabilization of the site has been
accomplished. Flows from offsite areas
and flows from onsite areas that are
either undisturbed or have undergone
final stabilization may be diverted
around both the sediment basin and the
disturbed area. The requirement to
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29799
provide 3,600 cubic feet of storage area
per acre drained does not apply to such
diverted flows.
For the drainage locations which
serve more than 10 disturbed acres at
one time and where a sediment basin
providing storage or equivalent controls
for 3,600 cubic feet per acre drained is
not attainable, smaller sediment basins
or sediment traps should be used. At a
minimum, silt fences, or equivalent
sediment controls are required for all
downslope and appropriate sideslope
boundaries of the construction area.
Diversion structures should be used on
upland boundaries of disturbed areas to
prevent runon from entering disturbed
areas.
For drainage locations serving 10 or
less acres, smaller sediment basins or
sediment traps should be used and at a
minimum, silt fences, or equivalent
sediment controls are required for all
downslope and appropriate sideslope
boundaries of the construction area.
Alternatively, the permittee may
provide a sediment basin providing
storage for 3,600 cubic feet of storage
per acre drained. Diversion structures
should be used on upland boundaries of
disturbed areas to prevent runon from
entering disturbed areas.
iv. Storm Water Management. The
plan must include a description of
"storm water management" measures.14
This permit addresses only the
Installation of storm water management
measures and not the ultimate operation
and maintenance of such structures after
the construction activities have been
completed and the site has undergone
final stabilization. Permittees are
responsible only for the Installation and
maintenance of storm water
management measures prior to final
stabilization of the site and are not
responsible for maintenance after storm
water discharges associated with
construction activities have been
eliminated from the site. However,
discharges of pollutants from storm
water management structures after
construction ceases may in themselves,
need to be authorized under an NPDES
permit. The owner/operator of such
discharges after construction may
Inquire with EPA if this requirement
applies.
Land development can significantly
increase storm water discharge volumes
and peak velocities where appropriate
storm water management measures are
not implemented. In addition, storm
water discharges will typically contain
higher levels of pollutants, including
total suspended solids (TSS), heavy
metals, nutrients, and oxygen
demanding constituents.15
Storm water management measures
that are installed during the
construction process can control the
volume of storm water discharged and
peak discharge velocities, as well as
reduce the amount of pollutants
discharged after the construction
operations have been completed.
Reductions in peak discharge velocities
and volumes can also reduce pollutant
loads, as well as reduce physical
impacts such as stream bank erosion
and stream bed scour. Storm water
management measures that mitigate
changes to predevelopment runoff
characteristics assist in protecting and
maintaining the physical and biological
characteristics of receiving streams and
wetlands.
Structural measures should be placed
on upland soils to the degree attainable.
The installation of such devices may be
subject to section 404 of the CWA if the
devices are placed in wetlands (or other
waters of the United States).
Options for storm water management
measures that are to be evaluated in the
development of plans include
infiltration of runoff on site; flow
attenuation by use of open vegetated
swales and natural depressions; storm
water retention structures and storm
water detention structures (including
wet ponds); and sequential systems that
combine several practices.
The pollution prevention plan must
include an explanation of the technical
basis used to select the practices to
control pollution where flows exceed
predevelopment levels. The explanation
of the technical basis for selecting
practices should address how a number
of factors were evaluated, including the
pollutant removal efficiencies of the
measures, the costs of the measure, site
specific factors that will affect the
application of the measures, whether
the measure is economically achievable
at a particular site, and other relevant
factors.
Although not a limitation or
performance standard in the permit,
EPA anticipates that storm water
management measures at many sites
will be able to provide for the removal
of at least 80 percent of total suspended
solids fTSS).16 A number of storm water
««For the purpose of the special requirements for
construction activities, the terra "storm water
management" measures refers to controls that will
primarily reduce the discharge of pollutants In
storm water from sites after completion of
construction activities.
15 See "Nationwide Urban Runoff Program," EPA,
1984.
16 TSS can be used as an Indicator parameter to
characterize the control of other pollutants,
Including heavy metals, oxygen demanding
pollutants, and nutrients, commonly found In storm
water discharges.
management measures can be used to
achieve this level of control, including
properly designed and installed wet
ponds, infiltration trenches, infiltration
basins, sand filter system, manmade
storm water wetlands, and multiple
pond systems. The pollutant removal
efficiencies of various storm water
management measures can be estimated
from a number of sources, including
"Storm Water Management for
Construction Activities: Developing
Pollution Prevention Plans and Best
Management Practices," U.S. EPA, 1992,
and "A Current Assessment of Urban
Best Management Practice," prepared
for U.S. EPA by Metropolitan
Washington Council of Governments,
March 1992. Proper selection of a
technology depends on site factors and
other conditions.
In selecting storm water management
measures, the permittee should consider
the impacts of each method on other
water resources, such as ground water.
Although storm water pollution
prevention plans primarily focus on
storm water management, EPA
encourages facilities to avoid creating
ground water pollution problems. For
example, if the water table is unusually
high in an area or soils are especially
sandy and porous, 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/
Tribal ground water objectives as
reflected in CSGWPPs.
The evaluation of whether the
pollutant loadings and the hydrologic
conditions (the volume of discharge) of
flows exceed predevelopment levels can
be based on hydrologic models which
consider conditions such as the natural
vegetation which is typical for the area.
Increased discharge velocities can
greatly accelerate erosion near the outlet
of onsite structural measures. To
mitigate these effects, these permits
would require that velocity dissipation
devices be placed at discharge locations
and along the length of any outfall
channel as necessary to provide a non-
erosive velocity flow from the structure
to a water course. Velocity dissipation
devices maintain and protect the natural
physical and biological characteristics
and functions of the watercourse, e.g.,
hydrologic conditions, such as the
hydroperiod and hydrodynamics, that
were present prior to the initiation of
construction activities.
v. Other Controls. Other controls to be
addressed in storm water pollution
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Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
prevention plans for construction
activities require that nonsolid
materials, including building material
wastes shall not be discharged at the
site, except as authorized by a Section
404 permit.
This proposed permit requires that
offsite vehicle tracking of sediments and
the generation of dust be minimized.
For example, this may be accomplished
by measures such as providing gravel or
paving at access entrance and exit
drives, parking areas, and unpaved
roads on die site carrying significant
amounts of traffic (e.g., more than 25
vehicles per day); providing entrance
wash racks or stations for trucks; and/
or providing street sweeping.
In addition, this permit requires that
the plan shall ensure and demonstrate
compliance with applicable State/Tribal
and/or local sanitary sewer, septic
system, and waste disposal regulations
to the extent they apply to the permitted
activity.17 The plan must also include a
narrative description of practices to
reduce pollutants from construction
related materials which are stored
onsite. Including an inventory of
construction materials, storage
practices, and spill prevention and
response. The plan should include a
description of pollutant sources from
areas other than construction and a
description of controls arid measures
which will be implemented in those
areas.
The plan must also include measures
to protect listed endangered and
threatened species and/or critical
habitat (if applicable) including any
terms or conditions that are imposed
under the eligibility requirements of
Part I.B.S.e and Addendum A of this
permit to protect such species and/or
critical habitat from storm water
discharges or BMPs to control storm
water runoff.'failure to include these
measures will result in the storm water
discharges from the construction
activities being ineligible for coverage
under this permit.
17 In rural and suburban areas that are served by
septic systems, malfunctioning septic systems can
contribute pollutants to storm water discharges.
Malfunctioning septic tanks may be a more
significant surface runoff pollution problem than a
ground water problem. This is because a
malfunctioning septic system Is less likely to cause
ground water contamination where a bacterial mat
in the soil retards the downward movement of
wastewater. Surface malfunctions are caused by
clogged or impermeable soils, or when stopped up
or collapsed pipes force untreated wastewater to the
surface. Surface malfunctions can vary in degree
from occasional damp patches on the surface to
constant pooling or runoff of wastewater. These
discharges have high bacteria, nitrate, and nutrient
levels and can contain a variety of household
chemicals. This permit does not establish new
criteria for septic systems, but rather addresses
existing State or local criteria.
The plan must also include measures
to protect properties that are listed or
eligible for listing under the National
Historic Register including any
measures agreed to through written
agreements with the SHPO or THPO.
Failure to include these measures will
result in the storm water discharges
from the construction activities being
ineligible for coverage under this
permit.
vi. State/Tribal and Local Controls.
Many municipalities, States and Tribes
have developed sediment and erosion
control requirements for construction
activities. A significant number of
municipalities and States/Tribes have
also developed storm water
management controls. This general
permit requires that storm water
pollution prevention plans for facilities
that discharge storm water associated
with industrial activity from
construction activities include
procedures and requirements of State/
Tribal and local sediment and erosion
control plans or storm water
management plans. Permittees are
required to provide a certification that
their storm water pollution prevention
plan reflects requirements related to
protecting water resources that are
specified in State/Tribal or local
sediment and erosion plans or storm
water management plans.18 In addition,
permittees are required to amend their
storm water pollution prevention plans
to reflect any change in a sediment and
erosion site plan or site permit or storm
water management site plan or site
permit approved by State/Tribal or local
officials for which the permittee
receives written notice. Where such
amendments are made, the permittee
must provide a recertification that the
storm water pollution prevention plan
has been modified. This provision does
not apply to provisions of master plans,
comprehensive plans, nonenforceable
guidelines, or technical guidance
documents, but rather to site-specific
State/Tribal or local permits or plans.
c. Maintenance: Erosion and sediment
controls can become ineffective if they
are damaged or not properly
maintained. Maintenance of controls
has been identified as a major part of
effective erosion and sediment
programs. Plans must contain a
is Operators of storm water discharges from
construction activities which, based on an
evaluation of site specific conditions, believe that
State/Tribal and local plans do not adequately
represent BAT and BCT requirements for the
facility may request to be excluded from the
coverage of the general permit by submitting to the
Director an individual application with a detailed
explanation of the reasons supporting the request,
including any supporting documentation showing
that certain permit conditions are not appropriate.
description of prompt and timely
maintenance and repair procedures
addressing all erosion and sediment
control measures (e.g., sediment basins,
traps, silt fences), vegetation, and other
measures identified in the site plan to
ensure that such measures are kept in
good and effective operating condition.
d. Inspections: Procedures in a plan
must provide that specified areas on the
site are inspected by qualified personnel
provided by the discharger a minimum
of once every fourteen calendar days,
before anticipated storm events (or
series of storm events such as
intermittent showers over one or more
days) expected to cause a significant
amount of runoff and within 24 hours
after any storm event of greater than 0.5
inches. Areas of the site that must be
observed during such inspections
include disturbed areas, areas used for
storage of materials that are exposed to
precipitation, structural control
measures, and locations where vehicles
enter or exit the site. Where sites have
been temporarily or finally stabilized, or
during seasonal arid periods in arid
areas (areas with an average annual
rainfall of 0 to 10 inches) and semi-arid
areas (with an average annual rainfall of
10 to 20 inches) the inspection must be
conducted at least once every month.
Disturbed areas and areas used for
storage of materials that are exposed to
precipitation must be inspected for
evidence of, or the potential for,
pollutants entering the runoff from the
site. Erosion and sediment control
measures identified in the plan must be
observed to ensure that they are
operating correctly. Observations can be
made during w;et or dry weather
conditions. Where discharge locations
or points are accessible, they must be
inspected to ascertain whether erosion
control measures are effective in
preventing significant impacts to
receiving waters. This can be done by
inspecting receiving waters to see
whether any signs of erosion or
sediment are associated with the
discharge location. Locations where
vehicles enter or exit the site must be
inspected for evidence of offsite
sediment tracking.
Based on the results of the inspection,
the site description and the pollution
prevention measures identified in the
plan must be revised as soon as possible
after an inspection that reveals
inadequacies. The inspection and plan
review process must provide for timely
implementation of any changes to the
plan within seven calendar days
following the inspection.
An inspection report that summarizes
the scope of the inspection, name(s) and
qualifications of personnel conducting
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29801
the inspection, the dates of the
inspection, major observations relating
to the implementation of the storm
water pollution prevention plan, and
actions taken must be retained as part of
the storm water pollution prevention
plan for at least three years after the date
that the site is finally stabilized. The
report shall identify incidents of non-
compliance. When the report does not
contain an incident of non-compliance,
the report shall contain a certification
that the facility is in compliance with
the pollution prevention plan and this
permit. The report must be signed in
accordance with the signatory
requirements in the Standard
Conditions section of this permit.
Diligent inspections are necessary to
ensure adequate implementation of
onsite sediment and erosion controls,
particularly in the later stages of
construction when the volume of runoff
is greatest and the storage capacity of
the sediment basins has been reduced."
e. Non-Storm Water Discharges: The
plan must identify and ensure the
implementation of appropriate pollution
prevention measures for each of the
non-storm water component(s) of the
discharge.20 Such discharges include
discharges from firefighting activities,
fire hydrant flushings, waters used to
wash vehicles or control dust in
accordance with efforts to minimize
offsite sediment tracking, potable water
sources including waterline flushings,
irrigation drainage from watering
vegetation, routine exterior building
wash down that does not use detergents,
pavement washwaters where spills or
leaks of toxic or hazardous materials
have not occurred (unless all spilled
material has been removed) and where
detergents are not used, air conditioning
condensate, springs, uncontaminated
ground water (including dewatering
ground water infiltration), and
foundation or footing drains where
flows are not contaminated with process
materials such as solvents, provided die
non-storm water component of die
discharge is specifically identified in
the pollution prevention plan.
EPA believes that where these classes
of non-storm water discharges are
identified in a pollution prevention plan
and where appropriate pollution
prevention measures are evaluated,
identified, and implemented, diey
" 'Terformance of Current Sediment Control
Measures at Maryland Construction Sites," January
1990, Metropolitan Washington Council of
Governments,
» ThU Is consistent with the allowable types of
non storm water discharges to municipal separate
storm scwcr systems (40 CFR 122.26Cd)(2)(lv)(A)}.
These discharges are still subject to NPDES
requirements.
generally pose low risks to the
environment. The Agency also notes
that it can request individual permit
applications for such discharges where
appropriate. The Agency is not
requiring tiiat flows from fire-fighting
activities be identified in plans because
of the emergency nature of such
discharges coupled with their low
probability and the unpredictability of
dieir occurrence.
6. Additional Requirements
These proposed permits would
authorize a storm water discharge
associated with industrial activity from
a construction site that is mixed with a
storm water discharge from an
industrial source other than
construction, only under the following
conditions:
• The industrial source otiier than
construction is located on the same site
as the construction activity; and
• Storm water discharges from where
die construction activities are occurring
are in compliance with the terms of this
permit.
7. Contractors/Subcontractors
The storm water pollution prevention
plan must clearly identify for each
measure identified in the plan, the
contractor® and/or subcontractors)
that will implement the measure. All
contractors and subcontractors
identified in the plan must sign a copy
of the certification statement contained
in the proposed permit (Part IV.F) before
conducting any professional service at
the site identified in the pollution
prevention plan:
All certifications must be included in
the storm water pollution prevention
plan. The certification must also include
the name and tide of the person
providing the signature, the name
address and telephone number of the
contracting firm; die name and address
of the site; and the date of certification.
The permittee must insure that
contractors and subcontractors who do
not meet die definition of "operator,"
but will be conducting activities which
may impact the effectiveness of any
control measure identified in the plan
sign a certification statement before
conducting any professional service on
site. The certification must include the
name and tide of the person providing
the signature; the name, address and
telephone number of the contracting
firm; die address identifying die site,
and the date die certification is made.
H. Retention of Records
The permittee is required to retain
records or copies of all reports required
by diis permit, including storm water
pollution prevention plans and records
of all data used to complete the NOI to
be covered by die permit, for a period
of at least diree years from die date of
final stabilization. This period may be
extended by request of the Director.
The permittee shall retain a copy of
die storm water pollution prevention
plan required by the permit at the
construction site from the date of project
initiation to the date of final
stabilization. All permittees with day to
day operational control of the plan's
implementation shall have a copy of the
plan available for their use when they
are on the construction site. The copy of
the plan may be a single plan kept at a
central location for all of the operators
on site. Where no location is available
at the construction site to store die plan
when no personnel are on site, notice of
the location of die plan must be posted
at die construction site. A copy of die
plan must be readily available to
inspectors during normal business
hours.
I. Notice of Termination Requirements
A discharger must submit a Notice of
Termination (NOT) to,EPA in two sets
of circumstances: after a site has
undergone final stabilization and the
facility no longer discharges storm water
associated with industrial activity from
a construction site or when die
permittee has transferred operational
control to another permittee and is no
longer an operator for die site. A
permittee cannot submit an NOT
wiuiout final stabilization unless
anotiier party has agreed to assume
responsibility for final stabilization of
the site. NOTs must be submitted using
the form provided by die Director (or a
photocopy thereof); A copy of the NOT
form is in Addendum C and can be
photocopied for use. NOTs will assist
EPA in tracking the status of die
discharger.
Today's proposed permits would
define final stabilization for die purpose
of submitting an NOT as occurring
when all soil disturbing activities are
completed and a uniform perennial
vegetative cover with a density of 70
percent for the unpaved areas and areas
not covered by permanent structures has
been established or equivalent
stabilization measures have been
employed. Equivalent stabilization
measures include permanent measures
odier than establishing vegetation, such
as the use of rip-rap, gabions, and/or
geotextiles. In some parts of die country,
background native vegetation will cover
less than 100% of die ground (e.g. arid
areas). Establishing at least 70% of the
natural cover of native vegetation meets
die vegetative cover criteria for final
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Federal Register / Vol. 62. No. 105 / Monday, June 2, 1997 / Notices
stabilization. For example, if the native
vegetation covers 50% of the ground,
70% of 50% would require 35% total
cover for final stabilization.
A copy of the NOT, and instructions
for completing the NOT, are provided in
Addendum C of today's notice. The
NOT form requires the following
information:
• The street (description of location if
not street address is available) address
of the construction site for which the
notification is submitted;
• The name, address, and telephone
number of the permittee submitting the
NOT.
• The NPDES permit for the storm
water discharge identified by the NOT.
• An indication of whether the storm
water discharges associated with
construction activity have been
eliminated or the operator of the
discharge has changed;
• For changes in operators, the name,
address, and phone number of the new
operator; and
• The following certification: "I
certify under penalty of law that either
(a) all storm water discharges associated
with construction activity from the
portion of the identified facility where
I was an operator have ceased or have
been eliminated or (b) I am no longer an
operator at the construction site and a
new operator has assumed operational
control for those portions of the
construction site where I previously had
operational control. I understand that by
submitting this notice of termination, I
am no longer authorized to discharge
storm water associated with
construction activity under this general
permit, and that discharging pollutants
in storm water associated with
construction activity to waters of the
United States is unlawful under the
Clean Water Act where the discharge is
not authorized by a NPDES permit. I
also understand that the submittal of
this notice of termination does not
release an operator from liability for any
violations of this permit form the Clean
Water Act."
Notices of Termination are to be sent
to the address specified on the form.
The NOT must be signed by the
appropriate individual in accordance
with the signatory requirements of the
permit. A description of these signatory
requirements is provided in the
instructions accompanying the NOT,
and this permit.
Submittal of a NOT, by itself, does not
relieve permittees from the obligations
of the permit, such as the requirement
to stabilize the site. Appropriate
enforcement actions may still be taken
for permit violations where a permittee
submits a NOT but the permittee has not
transferred operational control to
another permittee or the site has not
undergone final stabilization.
/. Regional Offices
For questions or further information
regarding this proposed permit, please
contact the EPA Storm Water'
Coordinator at the locations below.
Other submittals of information
required under these permits or
individual permit applications or other
written correspondence concerning
discharges in any State, Indian land, or
from any Federal Facility covered,
should also be sent to the appropriate
EPA Regional Office listed below:
CT, MA, ME, NH, RI, VT
United States EPA, Region I, Office of
Ecosystem Protection, John F.
Kennedy Federal Building, CMU,
Boston, MA 02203, Storm water
coordinator—Thelma Hamilton
(617) 565-3569, or Beverly Guertin
(617) 565-3600
NJ. NY, PR, VI
United States EPA, Region II, Division
of Environmental Planning and
Protection, (2DEPP-WPB), Water
Programs Branch, 290 Broadway,
New York, NY 10007-1866, Storm
Water Coordinator—Sergio Bosques
(212) 637-3717, or Jose Rivera (809)
729-6951
DE, DC, MD, PA, VA, WV
United States EPA, Region III, Water
Protection Division, (3WP13),
Storm Water Staff, 841 Chestnut
Building, Philadelphia, PA 19107,
Storm Water Coordinator—Elaine
Harbold (215) 566-5744
AR, LA, NM (except see Region Kfor
Navajo lands and see Region VIII
for Ute Mountain Ute Reservation
land), OK, TX
United States EPA, Region VI, Storm
Water Staff, Enforcement and
Compliance Assurance Division
(GEN-WC), EPA SW Construction
GP, P.O. Box 50625, Dallas, TX
75205, Storm Water Coordinator-
Brent Larsen (214) 665-7523
IA, KS, MO, NE
United States EPA, Region VII, Water,
Wetlands, and Pesticides Division,
NPDES and Facilities Management
Branch, Storm Water Staff, 726
Minnesota Avenue, Kansas City, KS
66101, Storm Water Coordinator-
Ralph Summers (913) 551-7418
CO, MT, ND, SD, WY, UT (except see
Region IX for Goshute Reservation
and Navajo Reservation lands)
United States EPA, Region VIII, Office
of Ecosystems Protection and
Remediation (8EPR-EP), Storm
Water Staff, 999 18th Street,'
Denver, CO 80202-2466, Storm
Water Coordinator—Vern Berry
(303) 312-6234
Note—For Montana Indian Lands, please
use the following address:
United States EPA, Region VIII,
Montana Operations Office, Federal
Office Building, Drawer 10096, 301
South Park, Helena, MT 59626-
0096, Storm Water Coordinator—
Vern Berry (303) 312-6234
AZ, CA, HI, NV, American Samoa, '
Guam, Commonwealth of the
Northern Mariana Islands, the
Goshute Reservation in UTandNV,
the Navajo Reservation in UT, NM,
andAZ, the Duck Valley
Reservation in ID, Fort McDermitt
Reservation in OR, Johnston Atoll,
Midway and Wake Island
United States EPA, Region IX, Water
Management Division, (WTR-5),
Storm Water Staff, 75 Hawthorne
Street, San Francisco, CA 94105,
Storm Water Coordinator—Eugene
Bromley (415) 744-1906,
AK, ID (except see Region IX for Duck
Valley Reservation lands), OR, WA
United States EPA, Region X, Office of
Water OW-130, Storm Water Staff,
1200 6th Avenue, Seattle, WA
90101, Storm Water Coordinator-
Joe Wallace (206) 553-8399.
Part V—Cost Estimates
The two major costs associated with
pollution prevention plans for
construction activities include the costs
of sediment and erosion controls (see
Table 1) and the costs of storm water
management measures (see Table 2).
Today's permits would provide
flexibility in developing controls for
construction activities. Typically, most
construction sites will employ several
types of sediment and erosion controls
and storm water management controls,
but not all die controls listed in Tables
1 and 2. In general, sites that disturb a
large area will incur higher pollution
prevention costs.
TABLE 1.—SEDIMENT AND EROSION
CONTROL COSTS
Temporary seeding
Permanent seeding
Mulching
Sod stabilization
Vegetative buffer
strips.
Protection of trees ..
Earth dikes
Silt fences
Ddralnage swales-
grass.
Drainage swales-sod
Ddrainage swales-
riprap.
$1.00 per square foot.
$1.00 per square foot.
$1.25 per square foot.
$4.00 per square foot.
$1.00 per square foot.
$30.00 to $200.00 per
tree set.
$5.50 per linear foot.
$6.00 per linear foot.
$3.00 per square
yard.
$4.00 per square
yard.
$45.00 per square
yard.
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29803
TABLE 1.—SEDIMENT AND EROSION
CONTROL COSTS—Continued
Drainage swales-as-
phalt.
Drainage swales-con-
crete.
Check dams-rock
Check dams-covered
straw bates.
Level spreader-earth-
en.
Level spreader-con-
crete,
Subsurface drain
Pipe slope drain
Temporary storm
drain diversion.
Storm drain Inlet pro-
tection.
Rock outtet protection
Sediment traps
Temporary sediment
basins,
Sump pit ....
Entrance stabilization
Entrance wash rack ..
Temporary waterway
crossing,
Wind breaks
535.00 per square
yard.
$65.00 per square
yard.
$100 per dam.
$50 per dam.
$4.00 per square
yard.
$65.00 per square
yard.
$2.25 per linear foot.
$5.00 per linear foot.
Variable.
$300 per Inlet.
$45 per square yard.
$500 to $7,000 per
trap.
$5,000 to $50,000 per
basin.
$500 to $7,000.
$1,500 to $5,000 per
entrance.
$2,000 per rack.
$500 to $1,500.
$2.50 per linear foot.
Practices such as sod stabilization and tree
protection Increase property values and satisfy
consumer aesthetic needs.
Sources: "Means Site Work Cost Data," 9th
edition. 1930, R.S. Means Company. "Sedi-
ment and Erosion Control, An Inventory of
Current Practices." prepared by Kamber Engi-
neering for U.S. EPA, April 1990.
TABLE 2.—ANNUALIZED COSTS OF
SEVERAL STORM WATER MANAGE-
MENT OPTIONS FOR CONSTRUCTION
SITES
Wet Ponds
Dry Poods
Dry Ponds with Ex-
tended Detention
InfTHratkm Trenches
Annualized
cost for 9-
acre de-
veloped
area
$5,872
3,240
3,110
4,134
Annualized
cost for
20-acre
developed
area
$9,820
5,907
5,413
6,359
Estimates based on methodology presented
In "Cost of Urban Runoff Quality Controls,"
Wiegand, C.. Schueler, T., Chittenden, W.,
and Jefltek, D.. Urban Runoff Quality-Impact
and Quality Enhancement Technology, Pro-
ceedings of an Engineering Foundation Con-
ference, ASCE. 1986, edited by B. Urbonas
and LA. Roesner.
Costs are presented in 1992 dollars.
Annualized costs are based on a 10 year pe-
riod and 10 percent discount rate. Estimates
Include a contingency cost of 25 percent of
the construction cost and operation and main-
tenance costs of 5 percent of the construction
cost. Land costs are not included.
Part VI—Economic Impact (Executive
Order 12866)
Under Executive Order 12866, [58 FR
51735 (October 4, 1993)] the Agency
must determine whether the regulatory
action is "significant" and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines "significant
regulatory action" as one that is likely
to result in a rule that may have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; materially
alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or raise novel legal or
policy issues arising out of legal
mandates, the President's priorities, or
the principles set forth in the Executive
Order.
EPA has determined that this re-
issued general permit is not a
"significant regulatory action" under
the terms of Executive Order 12866 and
is therefore not subject to formal OMB
review prior to proposal.
Part VII—Unfunded Mandates Reform
Act
Section 201 of the Unfunded
Mandates Reform Act (UMRA), Public
Law 104-4, generally requires Federal
agencies to assess the effects of their
"regulatory actions" on State, local, and
tribal governments and the private
sector. UMRA uses the term "regulatory
actions" to refer to regulations. (See,
e.g., UMRA section 201, "Each agency
shall * * * assess the effects of Federal
regulatory actions * * * (other than to
the extent that such regulations
incorporate requirements specifically
set forth in law)" (emphasis added)).
UMRA section 102 defines "regulation"
by reference to section 658 of Title 2 of
the U.S. Code, which in turn defines
"regulation" and "rule" by reference to
section 601(2) of the Regulatory
Flexibility Act (RFA). That section of
the RFA defines "rule" as "any rule for
which the agency publishes a notice of
proposed rulemaking pursuant to
section 553(b) of [the Administrative
Procedure Act (APA)], or any other law
* * *••
As discussed in the RFA section of
this notice, NPDES general permits are
not "rules" under the APA and thus not
subject to the APA requirement to
publish a notice of proposed
rulemaking. NPDES general permits are
also not subject to such a requirement
under the CWA. While EPA publishes a
notice to solicit public comment on
draft general permits, it does so
pursuant to the CWA section 402 (a)
requirement to provide "an opportunity
for a hearing." Thus, NPDES general
permits are not "rules" for RFA or
UMRA purposes.
Nevertheless, EPA has considered the
draft general permit in light of UMRA's
requirements. As noted elsewhere in
today's notice, the draft general permit
is virtually the same as the NPDES
general permits for construction that
many construction operators have used
over the past five years. EPA has
determined that the draft permit would
not contain a Federal requirement that
may result in expenditures of $100
million or more for State, local and
tribal governments, in the aggregate, or
the private sector in any one year.
The Agency also believes that the
draft general permit would not
significandy nor uniquely affect small
governments. For UMRA purposes,
"small governments" is defined by
reference to the definition of "small
governmental jurisdiction" under the
RFA. (See UMRA section 102(1),
referencing 2 U.S.C. section 658, which
references section 601(5) of the RFA.)
"Small governmental jurisdiction"
means governments of cities, counties,
towns, etc., with a population of less
than 50,000, unless the agency
establishes an alternative definition.
Under existing regulations, a permit
application is not required until August
7, 2001, for a storm water discharge
associated with construction activity
where the construction site is owned or
operated by a municipality with a
population of less than 100,000. 40 CFR
122.26(e)(l)(ii)&(g). In any event, the
requirements of the draft general permit
would not significantly affect small
governments because most State laws
already provide for the control of
sedimentation and erosion in a similar
manner as today's proposed general
permit. The draft permit's requirements
also would not uniquely affect small
governments because compliance with
the proposed permit conditions affects
small governments in the same manner
as any other entities seeking coverage
under the permit.
Part VIII—Paperwork Reduction Act
EPA has reviewed the requirements
imposed on regulated facilities in this
proposed general permit under the
Paperwork Reduction Act of 1980, 44
U.S.C. 3501 ecseq. In a separate Federal
Register notice, EPA is proposing a
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revision to the current Information
Collection Request 0CR) document for
today's permit (Approved by the Office
of Management and Budget (OMB) OMB
No. 2040-0086, expiration date of
August 31, 1998) to account for the
increased information requirements
proposed in the new Notice of Intent
(NOI) for the construction general
permit. EPA will publish the proposed
ICR revisions in a separate Federal
Register notice EPA and will submit the
revision to OMB for approval prior to
issuance of the final permit. EPA
estimates a slight increase in the burden
associated with filling out the Notice of
Intent (NOI) form for coverage under
this permit due to the added
requirements under the Endangered
Species Act and the National Historic
Preservation Act. EPA also anticipates a
small increase in the time due to the
requirement to submit a notice of
termination (NOT) upon completion of
construction activities.
Part IX—Section 401 and Coastal Zone
Management Act Certifications
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/Tribal 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
initiated for all States, Indian lands and
Federal facilities covered by today's
general permits. Any additional State/
Tribal permit conditions will be
contained in the final permit.
The Coastal Zone Management Act
(CZMA) requires that all Federal
licensing and permitting actions be
reviewed for consistency with each
approved State coastal zone
management plan. EPA has also
initiated this review.
Part X—Regulatory Flexibility Act
Section 603 (a) of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 603(a),
provides that "[w]henever an agency is
required by section 553 [of the
Administrative Procedures Act (APA)],
or any other law, to publish general
notice of proposed rulemaking for any
proposed rule," the agency must
conduct an initial regulatory flexibility
analysis for the proposed rule. Section
605 (b) of die RFA provides an
exemption from this requirement for a
proposed rule that the agency head
certifies "will not, if promulgated, have
a significant economic impact on a
substantial number of small entities."
The Agency takes the position that
NPDES general permits are not subject
to rulemaking requirements under APA
section 553 or any other law. The
requirements of APA section 553 apply
only to the issuance of "rules," which
the APA defines in a manner that
excludes permits. See APA section 551
(4), (6) and (8). The CWA also does not
require publication of a general notice of
proposed rulemaking for general
permits. EPA issues draft NPDES
general permits for public comment in
the Federal Register in order to meet the
applicable CWA procedural requirement
to provide "an opportunity for a
hearing." See CWA section 402(a), 33
U.S.C. 1342(a).
Nevertheless, the Agency has
considered and addressed the potential
impact of the draft general permit on
small entities in a manner that meets the
requirements of the RFA. EPA took such
action based on the likelihood that a
large number of small entities may seek
coverage under the general permit if
finalized as proposed. Specifically, EPA
has analyzed the potential impact of the
draft general permit on small entities
and determined that the permit will not
have a significant economic impact on
a substantial number of small entities.
Like the existing general permit it will
replace, the draft general permit would
make available to many small entities,
particularly operators of construction
sites, a streamlined process for
obtaining authorization to discharge. Of
the possible permitting mechanisms
available to dischargers subject to the
CWA, NPDES general permits are
designed to reduce the reporting and
monitoring burden associated with
NPDES permit authorization, especially
for small entities with discharges having
comparatively less potential for
environmental degradation than
discharges regulated under individual
NPDES permits. Thus, general permits
like the existing and draft permit at
issue here provide small entities with a
permitting application option that is
much less burdensome than NPDES
individual permit applications.
Beyond that, the draft general permit
is virtually identical to the existing
general permit for construction that
under which many construction
operators have operated over the past
five years. Moreover, there are other,
new provisions of the proposed permit
were designed to minimize burdens on
small entities, including provisions in
the proposal related to subcontractor
obligations related to pollution
prevention plans required by the permit.
Under the prior general permit for
construction site discharges, affected
subcontractors expressed concern to
EPA about the need to prepare their
own pollution prevention plan to
address discharges related to
subcontractor activities at a construction
site. The subcontractors perceived tills
obligation to be redundant, particularly
if a general contractor had prepared a
pollution prevention plan that
addressed the activities of
subcontractors. Today's proposed
permit would address this by allowing
subcontractors to certify that they have
reviewed and comply with the pollution
prevention plan prepared by die general
contractor (where the general
contractor's pollution prevention plan
.addresses activities of subcontractors).
EPA believes this modification from the
prior permit should reduce adverse
economic impacts on subcontractors
who, in many instances, are small
entities. In view of die foregoing, the
Regional Administrators find that the
proposed general permit will not have a
significant economic impact on a
substantial number of small entities.
Part XI—Official Signatures
Accordingly, I hereby certify pursuant
to the provisions of die Regulatory
Flexibility Act, that this proposed
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.
Dated: May 22, 1997.
JohnDeVillars,
Regional Administrator. Region I.
Part XI—Official Signatures
Accordingly, I hereby certify pursuant
to the provisions of die Regulatory
Flexibility Act, that this proposed
permit will not have a significant
impact on a substantial number of small
entities.
Authority: Clean Water Act, 33 U.S.C. 1251
etseq.
Dated: May 21, 1997.
Jeanne M. Fox,
Regional Administrator, Region 2.
Part XI—Official Signatures
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, tiiat tiiis proposed
permit will not have a significant
impact on a substantial number of small
entities.
Authority: Clean Water Act, 33 U.S.C, 1251
etseq.
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29805
Dated; May 22.1997.
Stanley L. Laskowskl,
Acting Regional Administrator, ReglonlH.
Part XI—Official Signatures
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that this proposed
permit will not have a significant
Impact on a substantial number of small
entities.
Authority: Clean Water Act. 33 U.S.C. 1251
etseq,
Dated; May 21,1997.
Myron O. Knudsen, P.E.,
Acting Regional Administrator, Region 6.
Part XI—Official Signatures
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act. that this proposed
pentiit will not have a significant
impact on a substantial number of small
entities,
Authority: Clean Water Act, 33 U.S.C. 1251
etseq.
Dated: May 21.1997.
U. Gale Hutton,
Acting Regional Administrator. Region 7.
Part XI—Official Signatures
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that this proposed
permit will not have a significant
impact on a substantial number of small
entities.
Authority: Clean Water Act, 33 U.S.C. 1251
etseq,
Dated; May 20,1997.
Patricia D.Hull,
Acting Regional Administrator. Region Vffl.
Part XI—Official Signatures
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that this proposed
permit will not have a significant
impact on a substantial number of small
entitles.
Authority: Clean Water Act. 33 U.S.C. 1251
etseq.
Dated; May 20,1997.
Alexis Strauss,
Acting Regional Administrator. Region 9.
Part XI—Official Signatures
Accordingly, I hereby certify pursuant
to the provisions of the Regulatory
Flexibility Act, that this proposed
permit will not have a significant
impact on a substantial number of small
entitles.
Authority: Clean Water Act. 33 U.S.C. 1251
etseq.
Dated: May 20. 1997.
Jane S. Moore,
Acting Regional Administrator, Region X.
Storm Water General Permit for
Construction Activities
Cover Page
Permit No. [See Part I. A.]
Authorization to Discharge Under the
National Pollutant Discharge
Elimination System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq. the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities, located in
an area specified in Part I.A., are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Only those operators of storm water
discharges from construction activities
in the general permit area who submit
a Notice of Intent in accordance with
Part II of this permit are authorized
under this general permit.
This permit shall become effective on
[insert the date of publication of the
final permit in the Federal Register].
This permit and the authorization to
discharge shall expire at midnight,
[insert the date five years after the date
of publication of the final permit in the
Federal Register].
Signed and issued this day of . 1997.
(Signature of Water Management Director or
Regional Administrator)
This signature is for the permit
conditions in Parts I through IX and for
any additional conditions in Part X
which apply to facilities located in the
corresponding State, Reservation, or
other area.
NPDES General Permits for Storm
Water Discharges From Construction
Activities
Table of Contents
Part I. Coverage Under this Permit
A. Permit Area
B. Eligibility
C. Obtaining Authorization
D. Terminating Coverage
Part n. Notice of Intent Requirements
A. Deadlines for Notification
B. Contents of Notice of Intent
C. Where to Submit
Part HI. Special Conditions, Management
Practices, and Other Non-Numeric
Limitations
A. Prohibition on Non-Storm Water
Discharges
B. Releases in Excess of Reportable
Quantities
C. Spills
D. Discharge Compliance with Water
Quality Standards
E. Responsibilities of Operators
Part IV. Storm Water Pollution Prevention
Plans
A. Deadlines for Plan Preparation and
Compliance
B. Signature, Plan Review and Making
Plans Available
C. Keeping Plans Current
D. Contents of Plan
E. Contractor and Subcontractor
Certifications
Part V. Retention of Records
A. Documents
B. Accessibility
E. Addresses
Part VI. Standard Permit Conditions
A. Duty to Comply
B. Continuation of the Expired General
Permit
C. Need to Halt or Reduce Activity not a
Defense
D. Duty to Mitigate
E. Duty to Provide Information.
F. Other Information
G. Signatory Requirements
H. Penalties for Falsification of Reports
I. Oil and Hazardous Substance Liability
J. Property Rights
K. Severability
L. Requiring an Individual Permit or an
Alternative General Permit
M. State/Tribal Environmental Laws
N. Proper Operation and Maintenance
O. Inspection and Entry
P. Permit Actions
Part VII. Reopener Clause
Part VIII. Termination of Coverage
A. Notice of Termination
B. Addresses
Part IX. Definitions
Part X. State/Tribal Specific Conditions
Addenda
A. Endangered Species Guidance
B. Notice of Intent (NOI) Form
C. Notice of Termination (NOT) Form
Part I. Coverage Under This Permit
A. Permit Area
The permit language is structured as
if it were a single permit, with area-
specific conditions specified in Part XI.
Permit coverage is actually provided by
legally separate and distinctly
numbered permits covering each of the
following areas:
Region 1:
CTR10*#I: Indian Country Lands in the
State of Connecticut
MAR10*###I: Commonwealth of
Massachusetts, except Indian
Country Lands
MAR10*##I: Indian Country Lands in
the Commonwealth of
Massachusetts
MER10*###I: State of Maine, except
Indian Country Lands
MER10*##I: Indian Country Lands in
the State of Maine
NHR10*###I: State of New Hampshire,
except Indian Country Lands
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NHR10*##I: Indian Country Lands in
the State of New Hampshire
RIR10*##I: Indian Country Lands in the
State of Rhode Island
VTR10*##I: Indian Country Lands in the
State Of Vermont
VTR10*##F: Federal Facilities in the
State of Vermont
Region 2:
NYR10*##I: Indian Country Lands in
the State of New York
PRR10*###I: The Commonwealth of
Puerto Rico
Region 3:
DCR10*###I: The District of Columbia
DER10*##F: Federal Facilities in the
State of Delaware
Region 4:
Coverage Not Available. Construction
activities in Region 4 must obtain
permit coverage under an alternative
permit.
Region 5:
Coverage Not Available.
Region 6:
LAR10*##I: Indian Country Lands in the
State of Louisiana
NMR10*###: The State of New Mexico,
except Indian Country Lands
NMR10*##I: Indian Country Lands in
the State of New Mexico, except
Navajo Reservation lands (see
Region 9) and Ute Mountain Ute
Reservation lands (see Region 8)
OKR10*##I: Indian Country Lands in
the State of Oklahoma
TXR10*###: The State of Texas, except
Indian Country Lands
TXR10*##I: Indian Country Lands in the
State of Texas
Region 7:
IAR10*##I: Indian Country Lands in the
State of Iowa
KSR10*##I: Indian Country Lands in the
State of Kansas
NER10*##I: Indian Country Lands in the
State of Nebraska, except Pine
Ridge Reservation lands (see Region
8)
Region 8:
COR10*##F: Federal Facilities in the
State of Colorado
COR10*##I: Indian Country Lands in the
State of Colorado, including the
portion of the Ute Mountain Ute
Reservation located in New Mexico
MTR10*##I: Indian Country Lands in
the State of Montana
NDR10*##I: Indian Country Lands in
the State of North Dakota, including
that portion of the Standing Rock
Reservation located in South Dakota
(except for the Lake Traverse
Reservation which is covered under
the permit areas for South Dakota).
SDR10*##I: Indian Country Lands in the
State of South Dakota, including the
portion of the Pine Ridge
Reservation located in Nebraska
and the portion of the Lake Traverse
Reservation located in North Dakota
(except for the Standing Rock
Reservation which is covered under
the permit areas for North Dakota).
UTR10*«H: Indian Country Lands in the
State of Utah, except Goshute and
Navajo reservation lands (see
Region 9)
WYR10*##I: Indian Country Lands in
the State of Wyoming
Region 9:
ASR10*###: The Island of American
Samoa
AZR10*###: The State of Arizona,
except Indian Country Lands
AZR10*##I: Indian Country Lands in the
State of Arizona, including Navajo
Reservation lands in New Mexico
and Utah
CAR10*##I: Indian Country Lands in the
State of California
GUR10*###: The Island of Guam
JAR10*###: Johnston Atoll
MWR10*###: Midway Island and Wake
Island
NIR10*###: Commonwealth of the
Northern Mariana Islands
NVR10*##I: Indian Country Lands in
the State of Nevada, including the
Duck Valley Reservation in Idaho,
the Fort McDermitt Reservation in
Oregon and the Goshute
Reservation in Utah
Region 10
AKR10*###: The State of Alaska,
except Indian Country Lands
AKR10*##I: .Indian Country Lands in
Alaska
IDR10*###: The State of Idaho, except
Indian Country Lands
IDR10*##I: Indian Country Lands in
the State of Idaho, except Duck Valley
Reservation lands (see Region 9)
ORR10*##I: Indian Country Lands in the
State of Oregon except Fort
McDermitt Reservation lands (see
Region 9)
WAR10*##F: Federal Facilities in the
State of Washington
WAR10*##I: Indian Country Lands in
the State of Washington
B. Eligibility
1. This permit authorizes discharges
of storm water from construction
activities as defined in 40 CFR
122.26(b)(14)(x) and those construction
site discharges designated by the
Director as needing a storm water
permit under 122.26(a)(l)(v) or under
122.26(a)(9) and 122.26(g)(l)(i), except
for discharges identified under
paragraph I.B.3. Any discharge
authorized by a different NPDES permit
may be commingled with discharges
authorized by this permit.
2. This permit also authorizes storm
water discharges from support activities
related to a construction site (e.g.
concrete or asphalt batch plants,
equipment staging yards, material
storage areas, etc.) from which there
otherwise is a storm water discharge
from a construction activity provided:
a. The support activity is not a
commercial operation serving multiple
unrelated construction projects, and
does not operate beyond the completion
of the construction activity; and
b. Appropriate controls and measures
are identified in the storm water
pollution prevention plan for die
discharges from the support activity
areas.
3. Limitations on Coverage
The following storm water discharges
from construction sites are not
authorized by this permit:
a. Post Construction Discharges.
Storm water discharges that originate
from the site after construction activities
have been completed and the site has
undergone final stabilization.
b. Discharges Mixed with Non-storm
Water. Discharges that are mixed with
sources of non-storm water other than
discharges which are identified in Part
III.A.2. of this permit and which are in
compliance with Part IV.D.5 (non-storm
water discharges) of this permit. Any
discharge authorized by a different
NPDES permit may be commingled with
discharges authorized by this permit.
c. Discharges Covered by Another
Permit. Storm water discharges
associated with construction activity
that have been issued an individual
permit or required to obtain coverage
under an alternative general permit in
accordance with paragraph VI.L;
d. Discharges Threatening Water
Quality. Storm water discharges from
construction sites that the Director
(EPA) determines will cause, or have the
reasonable potential to cause,
excursions above water quality
standards. (Where such determinations
have been made, the discharger will be
notified by the Director that an
individual permit application is
necessary.);
e. Discharges that are not Protective of
Endangered and Threatened Species.
(1) A discharge of storm water
associated with construction activity is
covered under this permit only if the -
applicant certifies that it meets at least
one of the following criteria. Failure to
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29807
continue to meet one of these criteria
during the term of the permit will result
in the storm water discharges associated
with construction being ineligible for
coverage under this permit.
(a) The storm water discharge®, and
the construction and implementation of
Best Management Practices (BMPs) to
control storm water runoff, are not
likely to adversely affect species
identified in Addendum A of this
permit or.critical habitat for a listed
species; or
(b) The applicant's activity has
received previous authorization under
section 7 or section 10 of the
Endangered Species Act (ESA) and that
authorization addressed storm water
discharges and/or BMPS to control
storm water runoff (e.g., developer
Included impact of entire project in
consultation over a wetlands dredge and
fill permit under Section 7 of the
Endangered Species Act); or
(c) The applicant's activity was
considered as part of a larger, more
comprehensive assessment of impacts
on endangered and threatened species
under section 7 or section 10 of the
Endangered Species Act that which
accounts for storm water discharges and
BMPs to control storm water runoff (e.g.,
where an area-wide habitat conservation
plan and section 10 permit is issued
which addresses impacts from
construction activities including those
from storm water, or a National
Environmental Policy Act (NEPA)
review is conducted which incorporates
ESA section 7 procedures); or
(d) Consultation under section 7 of
the Endangered Species Act is
conducted for the applicant's activity
which results in either a no jeopardy
opinion or a written concurrence on a
finding of no likelihood of adverse
effects; or
(e) The applicant's activity was
considered as part of a larger, more
comprehensive site-specific assessment
of impacts on endangered and
threatened species by the owner or other
operator of the site and that permittee
certified eligibility under item (a), (b).
(c), or (d) above (e.g. owner was able to
certify no adverse impacts for the
project as a whole under item (a), so the
contractor can then certify under item
(e)). Utility companies applying for
permit coverage for the entire permit
area of coverage as defined under Part
LA. may certify under item (e) since
authorization to discharge is contingent
on a principal operator of a construction
project having been granted coverage
under this, or an alternative NPDES
permit for the areas of the site where
utilities Installation activities will
occur.
(2) All applicants must follow the
procedures provided at Addendum A of
this permit when applying for permit
coverage.
(3) The applicant must comply with
any terms and conditions imposed
under the eligibility requirements of
paragraphs (l)(a), (b), (c), (d), or (e)
above to ensure that storm water
discharges or BMPs to control storm
water runoff are protective of listed
endangered and threatened species and/
or critical habitat. Such terms and
conditions must be incorporated in the
applicant's storm water pollution
prevention plan.
(4) For the purposes of conducting
consultation to meet the eligibility
requirements of paragraph (l)(d) above,
applicants are designated as non-
Federal representatives. See 50 CFR
402.08. However, applicants who
choose to conduct consultation as a
non-Federal representative must notify
EPA and the appropriate Service office
in writing of that decision.
(5) This permit does not authorize any
"take" (as defined under section 9 of the
Endangered Species Act) of endangered
or threatened species unless such takes
are authorized under sections 7 or 10
the Endangered Species Act.
(6) This permit does not authorize any
storm water discharges nor require any
BMPs to control storm water runoff that
are likely to jeopardize the continued
existence of any species that are listed
as endangered or threatened under the
Endangered Species Act or result in the
adverse modification or destruction of
habitat that is designated as critical
under the Endangered Species Act.
f. Discharges Adversely Affecting
Properties Eligible for Protection Under
the National Historic Preservation Act.
(1) To be eligible for coverage under
tiiis permit, all applicants must
determine whether their storm water
discharges or BMPs to control storm
water runoff would affect a property
that is listed or is eligible for listing in
the National Historic Register
maintained by the Secretary of Interior
(also known as "historic properties" in
the NHPA regulations at 36 CFR 800.2).
Applicants must comply with all
requirements in this permit (including
those pertaining to the development of
storm water pollution prevention plans
and submission of NOIs) to protect
historic properties. Coverage under this
permit is available only if:
(a) The storm water discharges or
BMPs to control storm water run off do
not affect a property that is listed or is
eligible for listing in the National
Historic Register maintained be the
Secretary of Interior; or,
(b) The applicant consults with the
State Historic Preservation Officer
(SHPO) or the Tribal Historic
Preservation Officer (THPO) on the
potential for adverse effects which
results in a no effect finding; or
(c) The applicant has obtained and is
in compliance with a written agreement
between the applicant and the SHPO/
THPO that outlines all measures to be
undertaken by the applicant to mitigate
or prevent adverse effects to die historic
property; or
(d) The applicant agrees to implement
and comply with the terms of a written
agreement between another owner/
operator (e.g., subdivision developer,
property owner, etc.) and the SHPO/
THPO that outlines all measures to be
undertaken by operators on the site to
mitigate or prevent adverse effects to die
historic property; or
(e) The applicant's activity was
considered as part of a larger, more
comprehensive site-specific assessment
of effects on historic properties by the
owner or other operator of the site and
diat permittee certified eligibility under
items (a), (b), (c), or (d) above. Utility
companies applying for permit coverage
for the entire construction site may
certify under item (d) since
authorization to discharge is contingent
on a principal operator of a construction
project having been granted coverage
under this, or an alternative NPDES
permit for the areas of the site where
utilities installation activities will
occur.
(2) This permit does not authorize any
storm water discharges or BMPs to
control storm water runoff which are
not in compliance with any applicable
State or local historic preservation laws.
C. Obtaining Authorization
1. In order for storm water discharges
from construction activities to be
authorized to discharge under this
general permit, a discharger must:
(a) First develop a Pollution
Prevention Plan (covering either the
entire site or all portions of the site for
which they are operators—see definition
in Part IX) according to the
requirements in Part IV (preparation and
implementation of the Plan may be a
cooperative effort where there is more
than one operator at a site), and then
(b) Submit a Notice of Intent (NOI) in
accordance with the requirements of
Part II, using an NOI form provided by
the Director (or a photocopy thereof).
The Pollution Prevention Plan must be
implemented upon commencement of
construction activities.
2. For construction sites where the
operator changes, or where a new
operator is added after the submittal of
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an NOI under Part II, a new NOI must
be submitted in accordance with Part II.
3. Unless notified by the Director to
the contrary, dischargers who submit an
NOI in accordance with the
requirements of this permit are
authorized to discharge storm water
from construction activities under the
terms and conditions of this permit two
(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
(see Part VI.L of this permit).
D. Terminating Coverage
1. Operators wishing to terminate
coverage under this permit must submit
a notice of termination (NOT) in
accordance with Part VIII of this permit.
2. All permittees must submit a NOT
within thirty (30) days after completion
of their construction activities and final
stabilization of their portion of the site,
or another operator taking over all of
their responsibilities at the site. A
permittee cannot submit an NOT
without final stabilization unless
another party has agreed to assume
responsibility for final stabilization of
the site. Appropriate enforcement
actions may be taken for permit
violations where a permittee submits a
NOT but the permittee has not
transferred operational control to
another permittee or the site has not
undergone final stabilization. Project-
by-project NOTs are not required to be
submitted by utility company operators
for installation of utilities at
construction sites if the utility company
operator has been authorized to
discharge in the full area of coverage for
a given permit as defined in Part LA. of
this permit.
Part II. Notice of Intent Requirements
A. Deadlines for Notification
1. Except as provided in Parts II. A. 3,
II.A.4, II.A.5, or II.A.6, parties with
operational control over project
specifications, (e.g., owner or
developer), must submit an initial
Notice of Intent (NOI) in accordance
with the requirements of this Part at
least two (2) days prior to the
commencement of construction
activities (i.e., the initial disturbance of
soils associated with clearing, grading,
excavation activities, or other
construction activities);
2. Except as provided in Parts II.A.3,
H.A.4., or Part II.A.5, parties defined as
operators solely due to their day-to-day
operational control over those activities
at a project site which are necessary to
ensure compliance with the storm water
pollution prevention plan or other
permit conditions (e.g., general
contractor, erosion control contractor,
etc.) must submit an NOI at least two (2)
days prior to commencing work at the
site.
3. For storm water discharges from
construction sites where the operator
changes, (including projects where an
operator is added after an NOI has been
submitted under Parts II.A.I or II.A.2)
an NOI in accordance with the
requirements of this Part shall be
submitted at least 2 days prior to when
the new operator assumes operational
control over site specifications or
commences -work at the site.
4. Utility Companies (i.e., telephone,
electric, gas, water, sewer, cable TV, etc.
companies that provide service to the
public) whose involvement in an
individual construction project is
limited to installation of underground or
above-ground service lines and
associated equipment to provide
connections from a main transmission
line to individual customers (e.g.,
homes, apartments, businesses, etc.) or
a location where the site operator's
utility subcontractor will tap in (e.g.,
public water utility installs a stub with
a tap into the main trunk line and
developer's utility contractors run the
distribution lines), may file a single NOI
to obtain coverage for all such activities
in the permit areas defined in Part LA.
Permit coverage obtained in this manner
is limited to the utility company's
activities on sites where:
a. An operator of the individual
construction project has obtained permit
coverage under this or an alternative
general permit or under an individual
permit;
b. The pollution prevention plan for
the site identifies control measures for
utilities installation activities; and
c. The party responsible for
implementation of each control measure
for utilities installation is clearly
identified.
Where a utility company is
constructing a main transmission line,
or other project for themselves, the
utility company must obtain permit
coverage on a site-by-site basis.
Note: Utility contractors hired by a utility
company or other site operator and not
meeting the definition of "operator" are
considered subcontractors and are covered by
the subcontractor certification requirements
ofPartlV.F.
5. Dischargers are not prohibited from
submitting late NOIs. When a late NOI
is submitted, authorization is only for
future discharges. The Agency reserves
the right to bring appropriate
enforcement actions for any
unpermitted activities that may have
occurred between the time construction
commenced and authorization of future
discharges.
6. Permittees with construction
projects authorized to discharge under
the previous general permit issued in
1992 and now replaced by this permit
must:
a. Submit a new NOI within thirty
(30) days of the effective date of this
permit in order to continue
authorization to discharge after [insert
date 30 days after effective date of
permit]. If the permittee will be eligible
to submit a Notice of Termination
(NOT) (e.g., construction finished and
final stabilization complete) before the
30th day, no NOI is required.
b. During the time between the
effective date of this permit and [insert
date 30 days from the effective date of
the permit], comply with the terms and
conditions of the 1992 baseline general
permit they were previously authorized
under and submitted an NOI for
extended coverage as described under
the Administrative Procedures Act
before termination of the 1992 baseline
general permit.
c. Update their current pollution
prevention plan to comply with the
requirements of Part IV no later than
[insert date 30 days from the effective
date of the permit].
B. Contents of Notice of Intent
1. Notice of Intent for Individual
Construction Projects
The Notice(s) of Intent shall be signed
in accordance with Part VI.G of this
permit and shall include the following
information:
a. The street address (description of
location if no street address is
available), county, and the latitude and
longitude of the approximate center of
the construction site/project for which
the notification is submitted;
b. The name, address, and telephone
number of the operators) filing the NOI
for permit coverage and operator status
as a Federal, State, Tribal, private, or
other public entity;
c. Whether or not the construction
project is located on Indian Lands;
d. The name, address, and telephone
number of the construction site owner
and owner's status as a Federal, State,
Tribal, private, or other public entity;
e. 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);
f. The permit number of any NPDES
permit (s) for any discharge (s) (including
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29809
any storm water discharges or any non-
storm water discharges) from the site, to
the extent available.
g. An estimate of project start date and
completion dates, estimates of the
number of acres of the site on which soil
will be disturbed, and
h, A certification dial a storm water
pollution prevention plan, including
both construction and post-construction
controls, has been prepared for the site
in accordance with Part IV of this
permit, and such plan provides
compliance with approved State/Tribal
and/or local sediment and erosion plans
or permits and/or storm water
management plans or permits in
accordance with Part IV.D.Z.d of this
permit, (A copy of the plans or permits
should not be included with the NOI
submission).
i. Whether, based on die instruction
in Addendum A, any species identified
in Addendum A are in proximity to the
storm water discharges covered by this
permit or the BMPs to be used to
comply with permit conditions.
J. Under which section(s) of Part
I,B.3,e,(l)CEndangered Species) and Part
I.B.3,f, (Historical Preservation) die
applicant is certifying eligibility.
k. The following certifications shall be
signed in accordance witfi Part VI.G.
I certify under penalty of law that I have
read and understand the Part I.B. eligibility
requirements for coverage under the general
permit for storm water discharges from
construction activities, Including those
requirements relating to the protection of
endangered species identified In Addendum
A.
I further certify that I have followed the
procedures found In Addendum A to protect
listed endangered and threatened species and
designated critical habitat and that the
discharges covered under this permit and
BMPs to control storm water runoff meet one
of the eligibility requirements of Part
l,B.3.e,(l) of this permit. Check the box(es)
corresponding to that part of Part I.B.S.e.(l)
under which you claim compliance with the
eligibility requirements of the permit—(a),
(b).(c),(d).or(e).
I further certify, to the best of my
knowledge, that such discharges, and
Implementation 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, In accordance
with Part I.B.3.f. of the permit, due to a
previous agreement under the National
Historic Preservation Act.
I understand that continued coverage
under this storm water general permit Is
contingent upon maintaining eligibility as
provided for In Part I.B.
2. Notice of Intent for Permit Issuance
Area-wide Coverage of Utility
Companies While Installing Utility
Service
The Notice(s) of Intent for utility
companies filing for area-wide coverage
in accordance with Part II.A.4. shall be
signed in accordance with Part VI.G of
this permit and shall include the
following information:
a. The name, address, and telephone
number of the utility company filing the
NOI for permit coverage and operator
status as a Federal, State, Tribal, private,
or other public entity;
b. The State or other area for which
coverage is being requested and whether
or not any construction projects will be
located on an Indian reservation;
c. The name, address, and telephone
number of the utility company's point of
contact for the utility company's
compliance with the area-wide coverage
granted by the permit;
d. A certification that a storm water
pollution prevention plan with standard
operating procedures for the limited
utility company construction activities
related to installation of service
connections has been prepared in
accordance with Part IV of this permit,
and such plan provides compliance
with approved State/Tribal and/or local
sediment and erosion plans or permits
and/or storm water management plans
or permits in accordance with Part
IV.D.2.d of this permit. (A copy of the
plans or permits should not be included
with the NOI submission.)
e. Under which sections of Part
I.B.S.e.l. (Endangered Species) and Part
LB.S.f. (Historical Preservation) die
applicant is certifying eligibility.
f. The following certifications shall be
signed in accordance wifli Part VI.G.
I certify under penalty of law that I have
read and understand the Part I.B. eligibility
requirements for coverage under the general
permit for storm water discharges from
construction activities, including those
requirements relating to the protection of
endangered species identified Part I.B.S.e.
I further certify that I understand that
authorization to discharge is contingent on a
principal operator of a construction project
having been granted coverage under this, or
an alternative NPDES permit for the areas of
the site where utilities Installation activities
will occur and that a pollution prevention
plan including appropriate control measures
for activities related to Installation of utility
service has been prepared and will be
implemented.
I further certify that I have followed the
procedures found in Addendum A to protect
listed endangered and threatened species and
designated critical habitat and that the
discharges covered under this permit and
BMPs to control storm water runoff meet one
of the eligibility requirements of Part
I.B.3.e.(l) of this permit. Check the boxe(s)
corresponding to that part of Part I.B.S.e. (1)
under which you claim compliance with the
eligibility requirements of the permit-(a), (b),
(c), (d), or (e).
I further certify, to the best of my
knowledge, that such discharges, and
implementation 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, in accordance
with PartI.B.3.f. of the permit, due to a
previous agreement under the National
Historic Preservation Act.
I understand that continued coverage
under this storm water general permit is
contingent upon maintaining eligibility as
provided for in Part I.B.
C. Where to Submit
1. NOIs, signed in accordance with
Part VI.G of this permit, are to be
submitted to the Director at the address:
Storm Water Notice of Intent (4203),
U.S. EPA 401 M Street, SW.,
Washington, DC 20460.
2. A copy of the Director's
acknowledgment of coverage under the
general permit and assignment of a
permit number; a local contact
telephone number/address for public
access to view the pollution prevention
plan at reasonable times during regular
business hours (advance notice by the
public of the desire to view the plan
may be required, not to exceed two
working days). The permit does not
require that free copies of the plan be
provided to interested members of the
public, only that they have reasonable
access to view the document and copy
it at their own expense. A brief
description of the project shall also be
posted at the construction site in a
prominent and safe place for public
viewing during regular business hours
(alongside the building permit if the
building permit is required to be
displayed).
Part III. Special Conditions,
Management Practices, and Other Non-
Numeric Limitations
A. Prohibition on Non-Storm Water
Discharges
1. Except as provided in paragraph
I.B.2 or 3 and III.A.2, all discharges
covered by this permit shall be
composed entirely of storm water.
2. Discharges of material other than
storm water that are in compliance with
a NPDES permit (other tiian this permit)
issued for that discharge may be mixed
with discharges authorized by this
permit.
3. The following non-storm water
discharges are authorized by this permit
provided the non-storm water
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component of the discharge is in
compliance with paragraph IV.D.5:
discharges from fire fighting activities;
fire hydrant flushings; waters used to
wash vehicles or control dust in
accordance with Part FV.D.2.c.(2);
potable water sources including
waterline flushings; routine external
building washdpwn which does not use
detergents; pavement washwajters where
spills or leaks of toxic or Hazardous
materials have hot occurred (unless all
spilled material has been removed) and
where detergents are not used; air '
conditioning condensate; springs;
uncontaminated ground water; and
foundation or footing'drains where
flows are not contaminated with process
materials such as solvents.
B. Releases in Excess ofReportable
Quantities
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 117 and 40 CFR 302. Where ,
a release containing a hazardous
substance in an amount equal to or in
excess of a reporting quantity
established under either 40 CFR 117 or
40 CFR 302, occurs during a 24 hour
period:
1. The permittee is required to notify
the National Response Center (NRC)
(800-424-8802; in die Washington, DC
metropolitan area 202-426-2675) in
accordance with the requirements of 40
CFR 117 and 40 CFR 302 as soon as he
or she has knowledge of the discharge;
2. 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 to minimize the
chance of future occurrences to the
appropriate EPA Regional Office at the
address provided in Part V.C (addresses)
of this permit; and
3. The storm water pollution
prevention plan required under Part IV
of tiiis permit must be modified within
14 calendar days of knowledge of the
release to: provide a description of the
release, the circumstances leading to the
-release, and the date of the release. In
addition, the plan must be reviewed to
identify measures to prevent the
reoccurrence of such releases and to
respond to such releases, and the plan
must be modified where appropriate.
C. Spills
This permit does not authorize the
discharge of hazardous substances or oil
resulting from an on-site spill.
jD: Discharge Compliance With Water
Quality Standards
Dischargers seeking coverage under
this permit shall not be causing or have
the reasonable potential to cause or
contribute to a violation of a water
quality standard. WJiere a discharge is
already authorized under tjiis permit
aind'is later determined to cause or have
the reasonable potential to cause or
contribute to' the violation of an
applicable State, Tribal or Federal Water
Quality Standard, the permitting
authority will notify the operator of
such violation(sj and the permittee shall
take all;riecessary actions to. ensure
future discharges do not cause or
contribute to the violation of a water
quality standard and document these
actions in the pollution prevention plan.
If violations remain or re-occur, then
coverage under this permit will be
terminated by the permitting,authority
and an alternative permit may be issued.
Compliance with this requirement does
not preclude any enforcement activity
as provided by the Clean Water Act for
the underlying violation.
E. Responsibilities of Operators
1. Developer/Owner Operator—The
permittee® with operational control
over project specifications (including
the ability to make modifications in
specifications) (e.g. developer or owner)
must:
a. Ensure the project specifications for
the portion of the site for which they are
operators meet the minimum
Requirements of Part FV (Pollution
Prevention Plan Development) and all
other applicable conditions;
. b. Ensure that the pollution
prevention plan indicates which areas
of the project they have operational
control over and ensure that if
modifications are made to the pollution
prevention plan, where other operators
are implementing portions of the plan,
that these other operators be
immediately notified of such
modifications.
c. Ensure that the pollution
prevention plan for the portion of the
site for which they are operators
indicates the name and NPDES permit
number for parties with day to day
operational control of those activities
necessary to ensure compliance with the
storm water pollution prevention plan
or other permit conditions. If these
parties have not been identified at the
time the pollution prevention plan is
initially developed, the permittee with
operational control over project
specifications shall be considered to be
the responsible party until such time as
the authority is transferred to another
party (e.g. general contractor hired) and
the plan updated;
d. Ensure that the pollution
prevention plan complies with
measures to identify and protect listed
threatened and endangered species and/
or critical habitat as specified in Part
I.B.3.6., Addendum A of this permit and
as may be required as a result of
consultation; and
e. Ensure that the pollution
prevention plan complies with
measures to protect properties eligible
for protection under the National
Historic Preservation Act as specified in
Part LB.S.f, of this permit.
2. Full Site Operator—The
permittee (s) with day-to-day operational
control of those activities at a project
site which are necessary to ensure
compliance with the storm water
pollution prevention plan or other
permit conditions (e.g. general
contractor) must:
a. Ensure the pollution prevention
plan for the portion of the site for which
they are operators meets the minimum
requirements, of Part IV (Pollution
Prevention Plan Development) and
identifies the parties responsible for
implementation of control measures
identified in the plan;
b. Ensure that the pollution
prevention plan indicates which areas
of the project they have operational
control over and ensure that if
modifications are made to the pollution
prevention plan, where other operators
are implementing portions of the plan,
that these other operators be
immediately notified of such
modifications;
c. Ensure that the pollution
prevention plan for the portion of the
site for which they are operators
indicates the name and NPDES permit
number of the party with operational
control over project specifications
(including the ability to make
modifications in specifications);
d. Ensure that the'pollution
prevention plan complies with
measures to identify and protect listed
threatened and endangered species and/
or critical habitat as specified in Part
I.B.S.e., Addendum A of this permit and
as may be required as a result of
consultation; and
e. Ensure that the pollution
prevention plan complies with
measures to protect properties eligible
for protection under the National
Historic Preservation Act as specified in
Part LB.S.f. of this permit.
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29811
3. Partial Site Operators. Permittees
with operational control over only a
portion of a larger construction site (e.g.,
one of four homebuilders in a particular
subdivision, utility companies, etc.) are
responsible for compliance with all
applicable terms and conditions of this
permit as it relates to their activities on
their portion of the construction site,
including protection of endangered
species, protection of historic properties
and Implementation of pollution
prevention plan measures. Partial site
operators shall ensure (either directly or
through coordination with another
permittee) that their activities do not
render another party's pollution
controls ineffective. Partial site
operators must either implement their
portions of a common pollution
prevention plan developed by a full site
operator or develop and implement
their own pollution prevention plan.
Part IV. Storm Water Pollution
Prevention Plans
A storm water pollution prevention
plan shall be developed for each
construction site covered by this permit
(at least one per permit area for utility
company service connection permit
coverage). For more effective
coordination of BMPs and opportunities
for cost sharing, a cooperative effort by
the different operators at a site to
prepare and participate in a
comprehensive pollution prevention
plan is encouraged. Individual operators
at a site may. but are not required, to
develop separate pollution prevention
plans that cover only their portion of the
project provided reference is made to
other operators at the site. Storm water
pollution prevention plans shall be
prepared in accordance with good
engineering practices. The plan shall
identify potential sources of pollution
which may reasonably be expected to
affect the quality of storm water
discharges from the construction site.
The plan shall describe and ensure the
implementation of practices which will
be used to reduce the pollutants in
storm water discharges associated with
construction activity at the construction
site and to assure compliance with the
terms and conditions of this permit.
When developing pollution prevention
plans, applicants must follow the
procedures in Addendum A of this
permit to determine whether
endangered and threatened species
would be affected by the applicant's
storm water discharges or BMPs to
control storm water runoff. Any
Information on whether endangered and
threatened species and their critical
habitat are found in proximity to the
construction site must be included in
the pollution prevention plan. Any
terms or conditions that are imposed
under the eligibility requirements of
Part I.B.3.e and Addendum A of this
permit to protect endangered and
threatened species and/or critical
habitat from storm water discharges or
BMPs to control storm water runoff
must be incorporated into the pollution
prevention plan. Permittees must
implement the applicable 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
The plan shall:
1. Be completed (including
certifications required under Part IV.F)
prior to the submittal of an NOI to be
covered under this permit and updated
as appropriate; and
2. The plan shall provide for
compliance with the terms and schedule
of the plan beginning with the initiation
of construction activities.
B. Signature, Plan Review and Making
Plans Available
1. The plan shall be signed in
accordance with Part VI.G, and be
retained on-site at the facility which
generates the storm water discharge in
accordance with Part V (retention of
records) of this permit. If the site is
inactive or does not have an onsite
location adequate to store the pollution
prevention plan, the location of the
plan, along with a contact phone
number, shall be posted on site. If the
plan is located offsite, reasonable local
access to the plan, during normal
working hours, must be provided as
described below.
2. The permittee shall make plans
available upon request to the Director; a
State, Tribal or local agency approving
sediment and erosion plans, grading
plans, or storm water management
plans; interested members of the public;
local government officials; or to the
operator of a municipal separate storm
sewer receiving discharges from the site.
Viewing by the public shall be at
reasonable times during regular .
business hours (advance notice by the
public of the desire to view the plan
may be required, not to exceed two
working days). The permit does not
require that free copies of the plan be
provided to interested members of the
public, only that they have reasonable
access to view the document and copy
it at their own expense. The copy of the
plan required to be kept onsite (or
locally available) must be made
available to the Director (or authorized
representative) for review at the time of
an onsite inspection.
3. The Director, or authorized
representative, may notify the permittee
(co-permittees) at any time that the plan
does not meet one or more of the
minimum requirements of this Part.
Such notification shall identify those
provisions of the permit which are not
being met by the plan, and identify
which provisions of the plan require
modifications in order to meet the
minimum requirements of this Part.
Within 7 calendar days of receipt 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.
The Director may take appropriate
enforcement action for the period of
time the permittee was operating under
a plan that did not meet the minimum
requirements of the permit.
C. Keeping Plans Current
The permittee must amend the plan
whenever:
1. There is a change in design,
construction, operation, or maintenance,
which has a significant effect on the
discharge of pollutants to the waters of
the United States and which has not
otherwise been addressed in the plan;
2. Inspections or investigations by site
operators, local, State, Tribal or federal
officials indicate the storm water
pollution prevention plan is proving
ineffective in eliminating or
significantly minimizing pollutants
from sources identified under Part
IV.D.2 of this permit, or is otherwise not
achieving the general objectives of
controlling pollutants in storm water
discharges associated with construction
activity; and
3. The plan shall be amended to
identify any new contractor and/or
subcontractor that will implement a
measure of the storm water pollution
prevention plan (see Part IV.F). The
plan must also be amended to address
any measures necessary to protect
endangered and threatened species or
historic properties. Amendments to the
plan may be reviewed by EPA in the
same manner as Part IV.B above.
D. Contents of Plan
The storm water pollution prevention
plan shall include the following items:
1. Site Description
Each plan shall provide a description
of pollutant sources and other
information as indicated:
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a. A description of the nature of the
construction activity;
b. A description of the intended
sequence of major activities which
disturb soils for major portions of the
site (e.g., grubbing, excavation, grading,-
utilities and infrastructure installation,
etc);
c. Estimates of the total area of the site
and the total area of the site that is
expected to be disturbed by excavation,
grading, or other activities;
d. An estimate of the runoff
coefficient of the site after construction
activities are completed and existing
data describing the soil or the quality of
any discharge from the site;
e. A general location map (e.g. portion
of a city or county map or similar scale)
and a site map indicating drainage
patterns and approximate slopes
anticipated after major grading
activities, areas of soil disturbance, an
outline of areas which are not to be
disturbed, the location of major
structural and nonstructural controls
identified in the plan, the location of
areas where stabilization practices are
expected to occur, surface waters
(including wetlands), and locations
where storm water is discharged to a
surface water;
f. A description of any discharge
associated with industrial activity other
than construction (including storm
water discharges from dedicated asphalt
plants and dedicated concrete plants)
covered by the permit; and the location
of that activity;
g. The name of the receiving water (s),
and areal extent of wetland acreage at
the site;
h. A copy of the permit requirements
(may simply attach copy of permit
language); ~
i. Information on whether listed
endangered or threatened species and/or
critical habitat are found in proximity to
the construction activity and whether
such species are adversely affected by
the applicant's storm water discharges
or BMPs to control storm water runoff
as required under Addendum A of the
permit; and
J. Information on whether the storm
water discharges from the construction
activities, and the construction and
implementation of BMPs, Would have
an affect on a property that is listed or
eligible for listing under the National
Historic Register and, where effects may
occur, any written agreements with the
SHPO or THPO to mitigate these effects.
12. Controls
Each plan shall include a description
of appropriate controls and measures
that will be implemented at the
construction activity. The plan must
clearly describe for each major activity
identified in Part IV.D. 1 .b: (a)
appropriate control measures and the
timing during the construction process
that the measures will be implemented
and (b) which permittee is responsible
for implementation (e.g., perimeter
controls for one portion of the site will
be installed by Contractor A after the
clearing and grubbing necessary for
installation of the measure, but before
the clearing and grubbing for the
remaining portions of the site. Perimeter
controls will be actively maintained by
Contractor B until final stabilization of
those portions of the site upward of the
perimeter control. Temporary perimeter
controls will be removed by Owner after
final stabilization). The description and
implementation of controls shall
address the following minimum
components:
a. Erosion and Sediment Controls.
(1) Short and Long Term Goals and
Criteria:
(a) The construction-phase erosion
and sediment controls should be
designed to retain sediment on site to
the maximum extent practicable.
(b) All control measures must be
properly selected, installed, and
maintained in accordance with the
manufacturers specifications and good
engineering practices.. If periodic
inspections or other information
indicates a control has been used
inappropriately, T>r incorrectly, the
permittee must replace or modify the
control for site situations.
(c) If sediments escapes the
construction site, off-site accumulations
of sediment must be removed at a
frequency sufficient to minimize offsite
impacts (e.g., fugitive sediment in street
could be washed into storm sewers by
the next rain and/or pose a safety hazard
to users of public streets).
(d) Sediment must be removed from
sediment traps or sedimentation ponds
when design capacity has been reduced
by 50%.
(e) Litter, construction debris, and
construction chemicals exposed to
storm water shall be picked up prior to
anticipated storm events (e.g. forecasted
by local weather reports), or otherwise
prevented from becoming a pollutant
source for storm water discharges (e.g.
screening outfalls, picked up daily, etc.).
(f) Offsite material storage areas (also
including overburden and stockpiles of
dirt, etc.) used solely by the permitted
project are considered a part of the
project and shall be addressed in the
pollution prevention plan.
(2) Stabilization Practices:
A description of interim and
permanent stabilization practices,
including site-specific scheduling of the
implementation of the practices. Site
plans should ensure that existing
vegetation is preserved where attainable
and that disturbed portions of the site
are stabilized. Stabilization practices
may include: temporary seeding,
permanent seeding, mulching,
geotextiles, sod stabilization, vegetative
buffer strips, protection of trees,
preservation of mature vegetation, and
other appropriate measures. Use of
impervious surfaces for stabilization
should be avoided. A record of the dates
when major grading activities occur,
when construction activities
temporarily or permanently cease on a
portion of the site, and when
stabilization measures are initiated shall
be included in the plan. Except as
provided in paragraphs IV.D.2.(a).(1).(a),
(b), and (c) below, stabilization
measures shall be initiated as soon as
practicable in portions of the site where
construction activities have temporarily
or permanently ceased, but in no case
more than 14 days after the construction
activity in that portion of the site has
temporarily or permanently ceased.
(a) Where the initiation of
stabilization measures by the 14th day
after construction activity temporary or
permanently cease is precluded by snow
cover or frozen ground conditions,
stabilization measures shall be initiated
as soon as practicable.
(b) Where construction activity on a
portion of the site is temporarily ceased,
and earth disturbing activities will be
resumed within 21 days, temporary
stabilization measures do not have to be
initiated on that portion of site.
(c) In arid areas (areas with an average
annual rainfall of 0 to 10 inches), semi-
arid areas (areas with an average annual
rainfall of 10 to 20 inches), and areas
experiencing droughts where the
initiation of stabilization measures by
the 14th day after construction activity
has temporarily or permanently ceased
is precluded by seasonal arid
conditions, stabilization measures shall
be initiated as soon as practicable.
(3) Structural Practices:
A description of structural practices
to divert flows from exposed soils, store
flows or otherwise limit runoff and the
discharge of pollutants from exposed
areas of the site to the degree attainable.
Such practices may include silt fences,
earth dikes, drainage swales, sediment
traps, check dams, subsurface drains,
pipe slope drains, level spreaders, storm
drain inlet protection, rock outiet
protection, reinforced soil retaining
systems, gabions, and temporary or
permanent sediment basins. Placement
of Structural practices in floodplains
should be avoided to the degree
attainable. The installation of these
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29813
devices may be subject to section 404 of
theCWA.
(a) For common drainage locations
that serve an area with 10 or more acres
disturbed at one time, a temporary (or
permanent) sediment basin providing
3,600 cubic feet of storage per acre
drained, or equivalent control measures,
shall be provided where attainable until
final stabilization of the site. The 3,600
cubic feet of storage area per acre
drained does not apply to flows from
offsite areas and flows from onsite areas
that are either undisturbed or have
undergone final stabilization where
such flows are diverted around both the
disturbed area and the sediment basin.
For drainage locations which serve 10 or
more disturbed acres at one time and
where a temporary sediment basin
providing 3,600 cubic feet of storage per
acre drained, or equivalent controls is
not attainable, smaller sediment basins
and/or sediment traps should be used.
At a minimum, silt fences, vegetative
buffer strips, or equivalent sediment
controls are required for all downslope
boundaries of the construction area and
for those side slope boundaries deemed
appropriate as dictated by individual
site conditions.
(b) For drainage locations serving less
than 10 acres, sediment basins and/or
sediment traps should be used. At a
minimum, silt fences, vegetative buffer
strips, or equivalent sediment controls
are required for all downslope
boundaries (and those side slope
boundaries deemed appropriate as
dictated by Individual site conditions)
of the construction area unless a
sediment basin providing storage for
3,600 cubic feet of storage per acre
drained Is provided.
b. Storm Water Management A
description of measures that will be
Installed during the construction
process to control pollutants in storm
water discharges that will occur after
construction operations have been
completed. Structural measures should
be placed on upland soils to the degree
attainable. The Installation of these
devices may be subject to section 404 of
the CWA. This permit only addresses
the installation of storm water
management measures, and not the
ultimate operation and maintenance of
such structures after the construction
activities have been completed and the
site has undergone final stabilization.
Permittees are only responsible for the
installation and maintenance of storm
water management measures prior to
final stabilization of the site, and are not
responsible for maintenance after storm
water discharges associated with
construction activity have been
eliminated from the site. However, post-
construction storm water BMPs that
discharge pollutants from point sources
once construction is completed, may in
themselves, need authorization under a
separate NPDES permit.
(1) Such practices may include: storm
water detention structures (including
wet ponds); storm water retention
structures; flow attenuation by use of
open vegetated swales and natural
depressions; infiltration of runoff onsite;
and sequential systems (which combine
several practices). The pollution
prevention plan shall include an
explanation of the technical basis used
to select the practices to control
pollution where flows exceed
predevelopment levels.
(2) Velocity dissipation devices shall
be placed at discharge locations and
along the length of any outfall channel
for the purpose of providing a non-
erosive velocity flow from the structure
to a water course so that the natural
physical and biological characteristics
and functions are maintained and
protected (e.g., no significant changes in
the hydrological regime of the receiving
water).
c. Other Controls.
(1) No solid materials, including
building materials, shall be discharged
to waters of the United States, except as
authorized by a section 404 permit.
(2) Off-site vehicle tracking of
sediments and the generation of dust.
shall be minimized.
(3) The plan shall ensure and
demonstrate compliance with
applicable State, Tribal and/or local
waste disposal, sanitary sewer or septic
system regulations to the extent these
are located within the permitted area.
(4) The plan shall include a narrative
description of practices to reduce
pollutants from construction related
materials which are stored onsite
including an inventory of construction
materials (including waste materials),
storage practices to minimize exposure
of the materials to storm water, and spill
prevention and response.
(5) A description of pollutant sources
from areas other than construction
(including storm water discharges from
dedicated asphalt plants and dedicated
concrete plants), and a description of
controls and measures that will be
implemented at those sites.
(6) The plan shall include measures to
protect listed endangered and
threatened species and/or critical
habitat (if applicable) including any
terms or conditions that are imposed
under the eligibility requirements of
Part LB.S.e and Addendum A of this
permit to protect such species and/or
critical habitat from storm water
discharges or BMPs to control storm
water runoff. Failure to include these
measures will result in the storm water
discharges from the construction
activities being ineligible for coverage
under this permit.
(7) The plan shall include measures to
protect properties that are listed or
eligible for listing under the National
Historic Register including any
measures agreed to through written
agreements with the SHPO or THPO.
Failure to include these measures will
result in the storm water discharges
from the construction activities being
ineligible for coverage under this
permit.
d. Approved State, Tribal or Local
Plans.
(1) Permittees which discharge storm
water associated construction activities
must include in their storm water
pollution prevention plan procedures
and requirements specified in
applicable sediment and erosion site
plans or site permits, or storm water
management site plans or site permits
approved by State or local officials.
Permittees shall provide a certification
in their storm water pollution
prevention plan that their storm water
pollution prevention plan reflects
requirements applicable to protecting
surface water resources in sediment and
erosion site plans or site permits, or
storm water management site plans or
site permits approved by State, Tribal or
local officials. Permittees shall comply
with any such requirements during the
term of the permit. This provision does
not apply to provisions of master plans,
comprehensive plans, non-enforceable
guidelines or technical guidance
documents that are not identified in a
specific plan or permit that is issued for
the construction site.
(2) Storm water pollution prevention
plans must be amended to reflect any
change applicable to protecting surface
water resources in sediment and erosion
site plans or site permits, or storm water
management site plans or site permits
approved by State, Tribal or local
officials for which the permittee
receives written notice. Where the
permittee receives such written notice
of a change, the permittee shall provide
a recertification in the storm water
pollution plan that the storm water
pollution prevention plan has been
modified to address such changes.
(3) Dischargers seeking alternative
permit requirements shall submit an
individual permit application in
accordance with Part VI.L of the permit
at the address indicated in Part V.C of
this permit for the appropriate Regional
Office, along with a description of why
requirements in approved State, Tribal
or local plans or permits, or changes to
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such plans or permits, should not be
applicable as a condition of an NPDES
permit.
3. Maintenance
A description of procedures to ensure
the timely maintenance of vegetation,
erosion and sediment control measures
and other protective measures identified
in the site plan in good and effective
operating condition. Maintenance needs
identified in inspections or by other
. means shall be accomplished before the
next anticipated storm event, or as
necessary to maintain the continued
effectiveness of storm water controls. If
maintenance prior to the next
anticipated storm event is
impracticable, maintenance must be
scheduled and accomplished as soon as
practicable.
4. Inspections
Qualified personnel (provided by the
permittee or cooperatively by multiple
permittees) shall inspect disturbed areas
of the construction site that have not
been finally stabilized, areas used for
storage of materials that are exposed to
precipitation, structural control
measures, and locations where vehicles
enter or exit the site at least once every
fourteen calendar days, before
anticipated storm events (or series of
storm events such as intermittent
showers over one or more days)
expected to cause a significant amount
of runoff and within 24 hours of the end
of a storm event of 0.5 inches or greater.
Where sites have been finally or
temporarily stabilized, runoff is unlikely
due to winter conditions (e.g. site
covered with snow, ice, or frozen
ground), or during seasonal arid periods
in arid areas (areas with an average
annual rainfall of 0 to 10 inches) and
semi-arid areas (areas with an average
annual rainfall of 10 to 20 inches) such
inspection shall be conducted at least
once every month.
a. Disturbed areas and areas used for
storage of materials that are exposed to
precipitation shall be inspected for
evidence of, or the potential for,
pollutants entering the drainage system.
Erosion and sediment control measures
identified in the plan shall be observed
to ensure that they are operating
correctly. Where discharge locations or
points are accessible, they shall be
inspected to ascertain whether erosion
control measures are effective in
preventing significant impacts to
receiving waters. Locations where
vehicles enter or exit the site shall be
inspected for evidence of offsite
sediment tracking.
b. Based on the results of the
inspection, the site description
identified in the plan in accordance
with paragraph IV.D.l of this permit and
pollution prevention measures
identified in the plan in accordance
with paragraph IV.D.2 of this permit
shall be revised as appropriate, but in
no case later than 7 calendar days
following the inspection. Such
modifications shall provide for timely
implementation of any changes to the
plan within 7 calendar days following
the inspection.
c. A report summarizing the scope of
the inspection, name(s) and
qualifications of personnel making the
inspection, the date(s) of the inspection,
major observations relating to the
implementation of the storm water
pollution prevention plan (including the
location(s) of discharges of sediment or
other pollutants from the site and of any
control device that failed to operate as
designed or proved inadequate for a
particular location), and actions taken in
accordance with paragraph IV.D.4.b of
the permit shall be made and retained
as part of the storm water pollution
prevention plan for at least three years
from the date that the site is finally
stabilized. Such reports shall identify
any incidents of non-compliance. Where
a report does not identify any incidents
of non-compliance, the report shall
contain a certification that the facility is
in compliance with the storm water
pollution prevention plan and this
permit. The report shall be signed in
accordance with Part VI.G of this
permit.
5. Non-Storm Water Discharges
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 construction
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.
E. Contractor and Subcontractor
Certifications
1. Contractors and Subcontractors
Implementing Storm Water Control
Measures
The storm water pollution prevention
plan must clearly identify for each
control measure identified in the plan,
the party that will implement the
measure. The Permittee(s) shall insure
all contractors and subcontractors
identified in the plan as being
responsible for implementing storm
water control measures sign a copy of
the following certification statement, in
accordance with Part VI.G of this
permit, before performing any work in
the area covered by the storm water
pollution prevention plan. All
certifications must be included with the
storm water pollution prevention plan.
I certify under penalty of law that I
understand the terms and conditions of the
National Pollutant Discharge Elimination
System (NPDES) general permit that
authorizes storm water discharges associated
with construction activity from the
construction site identified as part of this
certification.
The certification must include the
name and title of the person providing
the signature in accordance with Part
VI.G of this permit; the name, address
and telephone number of the
contracting firm; the address (or other
identifying description) of the site; and
the date the certification is made.
2. Contractors and Subcontractors
Impacting Storm Water Control
Measures
The permittee shall insure
contractor® and/or subcontractors)
that will conduct activities that may
impact the effectiveness of control
measures identified in the plan, but who
do not meet the definition of "operator"
(Part IX), sign a copy of the following
certification statement, in accordance
with Part VI.G of this permit, before
beginning work on site. All
certifications must be included with the
storm water pollution prevention plan.
I certify under penalty of law that I will
coordinate, either through the general
contractor, owner, or directly, with the
contractors) and/or subcontractors)
identified in the pollution prevention plan
having responsibility for implementing storm
water control measures to minimize any
impact my actions may have on the
effectiveness of these storm water controls
measures.
The certification must include the
name and title of the person providing
the signature in accordance with Part
VI.G of this permit; the name, address
and telephone number of the
contracting firm; the address (or other
identifying description) of the site; and
the date the certification is made.
3. Utility Companies
The storm water pollution prevention
plan must clearly identify, for each
control measure identified in the plan
relating to the installation of utility
service, the party that will implement
the measure. The Permittee (s) shall
provide to the site operators)
responsible for maintenance of the
pollution prevention plan addressing
impacts of utilities installation, a copy
of the following certification statement,
signed in accordance with Part VI.G of
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29815
this permit, before performing any work
In the area covered by the storm water
pollution prevention plan. All
certifications must be Included with the
storm water pollution prevention plan.
I certify under penally of law that I
understand the terms and conditions of the
National Pollutant Discharge Elimination
System (NPDES) general permit that
authorizes storm water discharges associated
with construction activity from the portion of
the construction site that will be disturbed
during my Installation of utility service.
The certification must include the
name and title of the person providing
the signature in accordance with Part
VI.G of this permit; the name, address
and telephone number of the permittee;
the address (or other identifying
description) of the site; and the date the
certification is made.
Part V. Retention of Records
A. Documents
The permittee shall retain copies of
storm water pollution prevention plans
and all reports required by this permit,
and records of all data used to complete
the Notice of Intent to be covered by this
permit, for a period of at least three
years from the date that the site is
finally stabilized. This period may be
extended by request of die Director at
any time.
B. Accessibility
The permittee shall retain a copy of
the storm water pollution prevention
plan required by this permit (including
a copy of the permit language) at the
construction site (or other local location
accessible to the Director and the
public) from the date of project
initiation to the date of final
stabilization. The permittees with day to
day operational control over pollution
prevention plan implementation shall
have a copy of die plan available at a
central location onsite for die use of all
operators and those identified as having
responsibilities under the plan
whenever diey are on the construction
site.
C. Addresses
Except for the submlttal of NOIs (see
Part II.C of this permit), all written
correspondence concerning discharges
in any State, Indian land or from any
Federal Facility covered under diis
permit and directed to the U.S.
Environmental Protection Agency,
including die submittal of individual
permit applications, shall be sent to die
address of the appropriate Regional
Office listed below:
Region 1: CT, MA, ME, NH, RI, VT
United States EPA, Region I, Office of
Ecosystem Protection, Municipal
Assistance Unit, John F. Kennedy
Federal Building—CMU, Boston, MA
02203
Region 2: NJ, NY, PR, VI
United States EPA, Region II, Division
of Environmental Planning and
Protection, (2DEPP-WPB), Water
Programs Branch, 290 Broadway, New
York, NY 10007-1866
Region 3: DE, DC, MD, PA, VA, WV
United States EPA, Region III, Water
Management Division, (3WM55),
Storm Water Staff, 841 Chestnut
Building, Philadelphia, PA 19107
Region 6: AR. LA, NM (Except See
Region IX for Navajo Lands, and See
Region VIII for Ute Mountain Ute
Reservation Lands), OK, TX
United States EPA, Region VI, Storm
Water Staff, Enforcement and
Compliance Assurance Division
(GEN-WC), EPA SW Construction GP,
P.O. Box 50625, Dallas, TX 75205
Region 7: IA, KS, MO, NE (Except See
Region VIII for Pine Ridge Reservation
Lands)
United States EPA, Region VII, Water,
Wedands, and Pesticides Division,
NPDES and Facilities Management
Branch, Storm Water Staff, 726
Minnesota Avenue, Kansas City, KS
66101
Region 8: CO. MT, ND, SD, WY, UT
(Except See Region IX for Goshute
Reservation and Navajo Reservation
Lands)
United States EPA, Region VIII, Office of
Ecosystems Protection, and
Remediation (8EPR-EP), Storm Water
Staff, 999 18th Street, Denver. CO
80202-2466
Note—For Montana Indian Lands, please
use the following address: United States EPA,
Region VHI, Montana Operations Office,
Federal Office Building, 301 South Park,
Drawer 10096. Helena, MT 59626-0096
Region 9: AZ, CA, HI, NV, Guam,
American Samoa, the Commonwealdi of
the Northern Mariana Islands, the
Goshute Reservation in UT and NV, the
Navajo Reservation in UT, NM, and AZ,
the Duck Valley Reservation in ID, Fort
McDermitt Reservation in OR
United States EPA, Region IX, Water
Management Division, WTR-5, Storm
Water Staff, 75 Hawthorne Street, San
Francisco, CA 94105
Regions 10: AK, ID (Except See Region
IX for Duck Valley Reservation Lands),
OR (Except See Region IX for Ft.
McDermitt Reservation), WA
United States EPA, Region X, Office of
Water OW-130, Storm Water Staff,
1200 6th Avenue, Seattle, WA 98101
Part VI. Standard Permit Conditions
A. Duty To Comply
1. The permittee must comply with all
conditions of this permit. Any permit
noncompliance constitutes a violation
of CWA and is grounds for enforcement
action; for permit termination,
revocation and reissuance, or
modification; or for denial of a permit
renewal application.
2. Penalties for Violations of Permit
Conditions.
The Director will adjust the civil and
administrative penalties listed below in
accordance with the Civil Monetary
Penalty Inflation Adjustment Rule
(Federal Register: December 31, 1996,
Volume 61, Number 252, pages 69359-
69366, as corrected, March 20, 1997,
Volume 62, Number 54, pages 13514-
13517) as mandated by die Debt
Collection Improvement Act of 1996 for
inflation on a periodic basis. This rule
allows EPA's penalties to keep pace
with inflation. The Agency is required
to review its penalties at least once
every four years thereafter and to adjust
them as necessary for inflation
according to a specified formula. The
civil and administrative penalties listed
below were adjusted for inflation
starting in 1996.
a. Criminal
(1) Negligent Violations. The CWA
provides that any person who
negligendy violates permit conditions
implementing sections 301, 302, 306,
307, 308, 318, or 405 of die 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 die Act is
subject to a fine of not less dian $5,000
nor more than $50,000 per day of
violation, or by imprisonment for not
more than 3 years, or both.
(3) Knowing Endangenhent. The CWA
provides that any person who
knowingly violates permit conditions
implementing sections 301, 302, 306,
307, 308, 318, or 405 of die Act and who
knows at that time that he is placing
another person in imminent danger of
death or serious bodily injury is subject
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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 two
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 four 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
$27,500 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
$ 11,000 per violation nor shall the
maximum amount exceed $27,500.
(2) Class II penalty. Not to exceed
$ 11,000 per day for each day during
which the violation continues nor shall
the maximum amount exceed $137,500.
B. Continuation of the Expired General
Permit
This permit expires five years after
the effective date. However, an expired
general permit may continue in force
and effect. To retain coverage under the
continued permit, permittees should
provide notice of their intent to remain
covered under this permit at least 2 days
prior to the expiration date. The notice
must be signed in accordance with Part
VI.G.I. of this permit and must contain
the following information:
1. Name, address and telephone
number of the operator.
2. The existing storm water
construction permit number.
This information may be submitted on
a post card or in a letter and shall be
submitted to the EPA Storm Water
Notice of Intent Center at: Storm Water
Notice of Intent (4203), US EPA, 401 M
Street, SW, Washington, B.C. 20460.
C. Need To Halt or Reduce Activity Not
a Defense
It shall not be a defense for a
permittee in an enforcement action that
it would have been necessary to halt or
reduce the permitted activity in order to
maintain compliance with the
conditions of this permit.
D. Duty to Mitigate
The permittee shall take all
reasonable steps to minimize or prevent
any discharge in violation of this permit
which has a reasonable likelihood of
adversely affecting human health or the
environment.
E. Duty to Provide Information
The permittee shall furnish to the
Director or an authorized representative
of the Director any information which is
requested to determine compliance with
this permit or other information.
F. Other Information
When the permittee becomes aware
that he or she failed to submit any
relevant facts or submitted incorrect
information in the Notice of Intent or in
any other report to the Director, he or
she shall promptly submit such facts or
information.
G. Signatory Requirements
All Notices of Intent, storm water
pollution prevention plans, reports,
certifications or information either
submitted to the Director 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 as follows:
1. All Notices of Intent shall be signed
as follows:
a. For a corporation:: by a responsible
corporate officer. For the purpose of this
section, a responsible corporate officer
means: 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 the
manager of one or more manufacturing,
production or operating facilities
employing more than 250 persons or
having gross annual sales or
expenditures exceeding $25,000,000 (in
second-quarter 1980 dollars) if authority
to sign documents has been assigned or
delegated to the manager in accordance
with corporate procedures;
b. For a partnership or sole
proprietorship: by a general partner or
the proprietor, respectively; or
c. For a municipality, State, Federal,
or other public agency: by either a
principal executive officer or ranking
elected official. For purposes of this
section, a principal executive officer of
a Federal agency includes (1) the chief
executive officer of the agency, or (2) a
senior executive officer having
responsibility for the overall operations
of a principal geographic unit of the
agency (e.g., Regional Administrators of
EPA).
2. All reports required by the permit
and other information requested by the
Director or authorized representative of
the Director shall be signed by a person
described above or by a duly authorized
representative of that person. A person
is a duly authorized representative only
if:
a. The authorization is made in
writing by a person described above and
submitted to the Director.
b. The authorization specifies either
an individual or a position having
responsibility for the overall operation
of the regulated facility or activity, such
as the position of manager, operator,
superintendent, or position of
equivalent responsibility or an
individual or position having overall
responsibility for environmental matters
for the company. (A duly authorized
representative may thus be either a
named individual or any individual
occupying a named position).
c. Changes to authorization. If an
authorization under paragraph H.B.3. is
no longer accurate because a different
operator has responsibility for the
overall operation of the construction
site, a new notice of intent satisfying the
requirements of paragraph II.B 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 paragraph VI.G shall
make the following certification:
I certify under penalty of law that this
document and all attachments were prepared
under my direction or supervision in
accordance with a system designed to assure
that qualified personnel properly gathered
and evaluated the information submitted.
Based on my inquiry of the person or persons
who manage the system, or those persons
directly responsible for gathering the
information, the information submitted is, to
the best of my knowledge and belief, true,
accurate, and complete. I am aware that there
are significant penalties for submitting false
information, including the possibility of fine
and imprisonment for knowing violations.
H. Penalties for Falsification of Reports
Section 309 (c) (4) of the Clean Water
Act provides that any person who
knowingly makes any false material
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29817
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 two
years, or by both.
/. Oil and Hazardous Substance Liability
Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve die permittee
from any responsibilities, liabilities, or
penalties to which die permittee is or
may be subject under section 311 of die
CWA or section 106 of the
Comprehensive Environmental
Response, Compensation and Liability
Actofl980(CERCLA).
J. 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.
K. 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, die
application of such provision to odier
circumstances, and the remainder of
this permit shall not be affected diereby.
L Requiring an Individual Permit or an
Alternative General Permit
1. The Director may require any
person authorized by diis permit to
apply for and/or obtain eidier an
individual NPDES permit or an
alternative NPDES general permit. Any
interested person may petition the
Director to take action under diis
paragraph. Where the Director requires
a discharger audiorlzed to discharge
under diis permit to apply for an
individual NPDES permit, die Director
shall notify die discharger in writing
that a permit application is required.
This notification shall include a brief
statement of die reasons for tills
decision, an application form, a
statement setting a deadline for die
discharger to file die application, and a
statement diat on die effective date of
issuance or denial of the individual
NPDES permit or die alternative general
permit as it applies to die individual
permittee, coverage under this general
permit shall automatically terminate.
Applications shall be submitted to die
appropriate Regional Office indicated in
Part V.C of diis permit. The Director
may grant additional time to submit die
application upon request of die
applicant. If a discharger fails to submit
in a timely manner an individual
NPDES permit application as required
by die Director under diis paragraph,
then the applicability of this permit to
die individual NPDES permittee is
automatically terminated at the end of
the day specified by the Director for
application submittal.
2. Any discharger authorized by this
permit may request to be excluded from
the coverage of this permit by applying
for an individual permit. In such cases,
the permittee shall submit an individual
application in accordance with die
requirements of 40 CFR 122.26(c)(l)(ii),
with reasons supporting the request, to
the Director at the address for the
appropriate Regional Office indicated in
Part V.C of diis permit. The request may
be granted by issuance of any individual
permit or an alternative general permit
if the reasons cited by the permittee are
adequate to support the request.
3. When an individual NPDES permit
is issued to a discharger otherwise
subject to this permit, or the discharger
is authorized to discharge under an
alternative NPDES general permit, die
applicability of this permit to the
individual NPDES permittee is
automatically terminated on the
effective date of die individual permit or
die date of audiorization of coverage
under die alternative general permit,
whichever the case may be. When an
individual NPDES permit is denied to
an owner or operator otiierwise subject
to this permit, or the owner or operator
is denied for coverage under an
alternative NPDES general permit, die
applicability of this permit to the
individual NPDES permittee is
automatically terminated on die date of
such denial, unless otherwise specified
by the Director.
M. State/Tribal Environmental Laws
1. Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve die permittee
from any responsibilities, liabilities, or
penalties established pursuant to any
applicable State/Tribal law or regulation
under authority preserved by section
510 of die Act.
2. No condition of this permit shall
release the permittee from any
responsibility or requirements under
other environmental statutes or
regulations.
N. Proper Operation and Maintenance
The permittee shall at all times .
properly operate and maintain all
facilities and systems of treatment and
control (and related appurtenances)
which are installed or used by the
permittee to achieve compliance with
the conditions of this permit and with
the requirements of storm water
pollution prevention plans. Proper
operation and maintenance also
includes adequate laboratory controls
and appropriate quality assurance
procedures. Proper operation and
maintenance requires the operation of
backup or auxiliary facilities or similar
systems, installed by a permittee only
when necessary to achieve compliance
witii the conditions of the permit.
O. Inspection and Entry
The permittee shall allow die Director
or an audiorized representative of EPA,
die State/Tribe, or, in the case of a
construction site which discharges
through a municipal separate storm
sewer, an authorized representative of
die municipal operator or die separate
storm sewer receiving the discharge,
upon die presentation of credentials and
other documents as may be required by
law, to:
1. Enter upon die permittee's
premises where a regulated facility or
activity is located or conducted or
where records must be kept under the
conditions of this permit;
2. Have access to and copy at
reasonable times, any records that must
be kept under the conditions of this
permit; and
3. Inspect at reasonable times any
facilities or equipment (including
monitoring and control equipment).
P. Permit Actions
This permit may be modified, revoked
and reissued, or terminated for cause.
The filing of a request by die 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.
Part VII. Reopener Clause
A. If there is evidence indicating that
the storm water discharges authorized
by diis permit cause, have the
reasonable potential to cause or
contribute to, a violation of a water
quality standard, the discharger may be
required to obtain individual permit or
an alternative general permit in
accordance with Part I.C of diis permit
or the permit may be modified to
include different limitations and/or
requirements.
B. Permit modification or revocation
will be conducted according to 40 CFR
122.62,122.63, 122.64 and 124.5.
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Part VIII. Termination of Coverage
A. Notice of Termination
Where a site has been finally
stabilized and all storm water
discharges from construction activities
that are authorized by this permit are,
eliminated, or where the operator of all
storm water discharges at a facility
changes, the permittee must submit a
Notice of Termination that is signed in
accordance with Part VI.G of this
permit. The Notice of Termination shall
include the following information:
1. The street (description'of location
if no street address is available) address
of the construction site for which the
notification is submitted;
2. The name, address and telephone
number of the permittee submitting the
Notice of Termination;
3. The NPDES permit number for the
storm water discharge identified by the
Notice of Termination;
4. An indication of whether the storm
water discharges associated with
construction activity have been
eliminated or the operator of the
discharges has changed;
5. For changes in operators, the name,
address, and phone number of the new
operator, and
6. The following certification signed
in accordance with Part VI.G (signatory
requirements) of this permit:
I certify under penalty of law that either:
(a) all storm water discharges associated with
construction activity from the portion of the
identified facility where I was an operator
have ceased or have been eliminated or (b)
I am no longer an operator at the construction
site and a new operator has assumed
operational control for those portions of the
construction site where I previously had
operational control; I understand that by
submitting this notice of termination, I am no
longer authorized to discharge storm water
associated with construction activity under
this general permit, and that discharging
pollutants in storm water associated with
construction activity to waters of the United
States is unlawful under the Clean Water Act
where the discharge is not authorized by a
NPDES permit. I also understand that the
submittal of this notice of termination does
not release an operator from liability for any
violations of this permit or the Clean Water
Act.
For the purposes of this certification,
elimination of storm water discharges
associated with construction activity
means that all disturbed soils at the
portion of the construction site where
the operator had control have been
finally stabilized and temporary erosion
and sediment control measures have
been removed or will be removed at an
appropriate time to insure final
stabilization is maintained, or that all
storm water discharges associated with
construction activities from the
identified site that are authorized by a
NPDES general permit have otherwise
been eliminated from the portion of the
construction site where the operator had
control.
B. Addresses
All Notices of Termination are to be
sent, using the form provided by the
Director (or a photocopy thereof), to the
address specified on the NOT form.
Part IX. Definitions
"Best Management Practices"
("BMPs") means schedules of activities,
prohibitions of practices, maintenance
procedures, and other management
practices to prevent or reduce the
discharge of pollutants to waters of the
United States. BMPs also include
treatment requirements, operating
procedures, and practices to control
plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage
from raw material storage.
"Control Measure"—As used in this
permit, refers to any Best Management
Practice or other method used to
prevent or reduce the discharge of
pollutants to waters of the United
States.
"Commencement of Construction"—
The initial disturbance of soils
associated with clearing, grading, or
excavating activities or other
construction activities.
"CWA"means the Clean Water Act or
the Federal Water Pollution Control Act,
33U.S.C1251etseq.
"Director" means the Regional
Administrator of the Environmental
Protection Agency or an authorized
representative.
"Discharge of Storm Water Associated
with Construction Activity"— As used in
this permit, refers to storm water "point
source" discharges from areas where
soil disturbing activities (e.g., clearing,
grading, or excavation, etc.),
construction materials or equipment
storage or maintenance (e.g., fill piles,
concrete truck washout, fueling, etc.), or
other industrial storm water directly
related to the construction process (e.g.,
concrete or asphalt batch plants, etc.)
are located.
"Final Stabilization"means that all
soil disturbing activities at the site have
been completed, and that a uniform
(e.g., evenly distributed, without large
bare areas) perennial vegetative cover
with a density of 70% of the native
background vegetative cover for the area
has been established on all unpaved
areas and areas hot covered by
permanent structures, or equivalent
permanent stabilization measures (such
as the use of riprap, gabions, or
geotextiles) have been employed. In
some parts of the country, background
native vegetation will cover less than
100% of the ground (e.g. arid areas).
Establishing at least 70% of the natural
cover of native vegetation meets the
vegetative cover criteria for final
stabilization. For example, if the native
vegetation covers 50% of the ground,
70% of 50% would require 35% total
cover for final stabilization.
"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.
"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 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 122); or
(iii) Owned or operated by a
municipality other than those described
in paragraph (i) or (ii) and that are
designated by the Director as part of the
large or medium municipal separate
storm sewer system.
• "NOI" means notice of intent to be
covered by this permit (see Part II of this
permit.)
"NOT" means notice of termination
(see Part VIII of this permit).
"Operator" means any party
associated with the construction project
that meets either of the following 2
criteria: (1) The party has operational
control over project specifications
(including the ability to make
modifications in specifications), or (2)
the party has day-to-day operational
control of those activities at a project
site .which are necessary to ensure
compliance with the storm water
pollution prevention plan or other
permit conditions (e.g., they are
authorized to direct workers at the site
to carry out activities identified in the
storm water pollution prevention plan
or comply with other permit
conditions).
"Point Source" means any
discernible, confined, and discrete
conveyance, including but not limited
to, any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure,
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29819
container, rolling stock, concentrated
animal feeding operation, landfill
Icachate collection system, vessel or
other floating craft from which
pollutants are or may be discharges.
This term does not include return flows
from irrigated agriculture or agricultural
storm water runoff.
"Runoff coefficient" means the
fraction of total rainfall that will appear
at the conveyance as runoff.
"Storm Wafer" means storm water
runoff, snow melt runoff, and surface
runoff and drainage.
"Storm Water Associated with
Industrial Activity" is defined at 40 CFR
122.26(b)(14) and incorporated here by
reference. Most relevant to this permit is
40 CFR 122,26(b)(14)(x). which relates
to construction activity including
clearing, grading and excavation
activities.
"Waters of the United States" means:
(a) All waters which are currendy
used, were used in die past, or may be
susceptible to use in interstate or foreign
commerce. Including all waters which
are subject to the ebb and flow of the
tide;
(b) All interstate waters, including
interstate "wetlands";
(c) All other waters such as interstate
lakes, rivers, streams (including
Intermittent streams), mudflats,
sandflats, wedands, sloughs, prairie
potholes, wet meadows, playa lakes, or
natural ponds the use, degradation, or
destruction of which would affect or
could affect interstate or foreign
commerce including any such waters:
(1) Which are or could be used by
interstate or foreign travelers for
recreational or other purposes;
(2) From which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce; or
(3) Which are used or could be used
for industrial purposes by industries in
interstate commerce;
(d) All impoundments of waters
otherwise defined as waters of die
United States under tfiis definition;
(e) Tributaries of waters identified in
paragraphs (a) through (d) of this
definition;
(0 The territorial sea; and
(g) Wetlands adjacent to waters (odier
than waters that are themselves
wetlands) Identified in paragraphs (a)
through (0 of this definition.
Waste treatment systems, including
treatment ponds or lagoons designed to
meet the requirements of CWA (otiier
than cooling ponds as defined in 40 CFR
423.11 (m) which also meet the criteria
of this definition) are not waters of the
United States. Waters of the United
States do not include prior converted
cropland. Notwithstanding the
determination of an area's status as prior
converted cropland by any other federal
agency, for the purposes of die Clean
Water Act, the final authority regarding
Clean Water Act jurisdiction remains
witii EPA.
Part X. State/Tribal Specific Conditions
The provisions of this Part provide
modifications or additions to the
applicable conditions of Parts I dirough
IX of this permit to reflect specific
additional conditions identified as part
of die State Section 401 or CZMA
certification process or as otherwise
established by the permitting authority.
The additional revisions and
requirements listed below are set forth
in connection with particular State,
Indian lands and Federal facilities and
only apply to the States, Indian lands
and Federal facilities specifically
referenced.
Other conditions to be added as result
of 401/CZMA certifications:
(To be added upon completion of
certification processes. Added
conditions will be specific to each State/
Tribal area.)
Note on Addendum A
Proposed Addendum A is a set of
instructions for applicants to follow,
including a State/County listing of
endangered species that applicants can
refer to, to ensure compliance with the
eligibility terms and conditions of this
proposed permit. The proposed
instructions are included in diis notice,
however, the State/County listing of
species of Addendum A is not included
in this notice, but can be found in
Addendum H to die Multi-Sector Storm
Water General Permit published in the
Federal Register on September 29, 1995
(60 FR 50804). EPA will prepare a final
Addendum A species listing to
accompany the issuance of the final
permit after the public comment period.
Reviewers wishing to make comment on
the species listing in Addendum A for
today's proposed permit may do so by
reviewing the species listing in
Addendum H of die Multi-Sector
Permit.
Addendum A—Endangered Species
Guidance
I. Instructions
Below is a list of endangered and
threatened species that EPA has determined
may be affected by the activities covered by
the baseline construction general permit
(BCGP). These species are listed by county.
In order to get BCGP coverage, applicants
must:
• Indicate in box provided on the NOI
whether any species listed in this Addendum
or critical habitat are in proximity to the
facility,
• Certify pursuant to Section I.B.S.e
diat they have followed the procedures
found in Addendum A to protect listed
endangered and tiireatened species and
designated critical habitat and dial die
storm water discharges and BMPs to
control storm water run off covered
under this permit meet one or more of
die eligibility requirements of Part
I.B.S.e. (1) of this permit, while checking
the box(es) that correspond to paragraph
(a), (b), (c), (d), or (e) of PartI.B.3.e.(l)
for which eligibility is claimed.
To do this, please follow steps 1 through
6 below when developing the pollution
prevention plan below.
Step 1: Determine if the Construction Site Is
Found Within Designated Critical Habitat for
Listed Species
Some (but not all) listed species have
designated critical habitat. Exact locations of
such habitat is provided in the Service
regulations at 50 CFR part 17 and part 226.
To determine if their construction site occurs
within (also known as "in proximity to")
critical habitat, applicants should either
review those regulations or contact the
nearest Fish and Wildlife Service (FWS) and
National Marine Fisheries Service (NMFS)
Office. FWS has offices in every state. NMFS
has regional offices in: Gloucester,
Massachusetts; St. Petersburg, Florida; Long
Beach, California; Portland, Oregon; and
Juneau, Alaska.
If the construction site is not located in
designated critical habitat, then the applicant
need not consider impacts to critical habitat
when following steps 2 through 5. If the
applicant's site is located within (i.e. in
proximity to) critical habitat then the
applicant most look at impacts to critical
habitat when following steps 2 through 6.
(EPA notes that many measures imposed to
protect listed species under steps 2 through
6 will also protect critical habitat. However,
obligations to ensure that an action is not
likely to result in the destruction or adverse
modification of critical habitat are separate
from those of ensuring that an action is not
likely to jeopardize the existence of
threatened and endangered species. Thus,
meeting the eligibility requirements of this
permit may require measures to protect
critical habitat that are separate and distinct
from those to protect listed species.)
Step 2: Review the County Species List To
Determine if any Species Are Located in the
County Where the Construction Activities
Occurs
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 BCGP
coverage and may indicate in the NOI that no
species are found in proximity and certify
that it is eligible for BCGP coverage under
Part I.B.3.e.(l)(a) of the permit by marking
box a. in the certification provisions of the
NOI. Where a facility is located in more than
one county, the lists for all counties should
be reviewed. If species are located in the
county, follow step 3 below.
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Step 3: Determine if any Species May Be
Found "In Proximity" to the Construction
Activity's Storm Water Discharges
A species is in proximity to a construction
activity'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
construction 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 and structure of the construction
activity, the nature and quantity of the storm
water discharges, and the type of receiving
waters. Given the number of construction
activities potentially covered by the BCGP,
no specific method to determine whether
species are in proximity is required for
permit coverage under the BCGP. 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 construction
activities. These methods may include:
• Conducting visual inspections: This
method may be particularly suitable for
construction sites that are smaller in size or
located in non-natural settings such as highly
urbanized areas or industrial parks where
there is little or no natural habitat, or for
construction activities that discharge directly
into municipal storm water collection
systems.
• Contacting the nearest State or Tribal
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, Tribal, or Federal
wildlife agencies.
• 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 construction sites 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.
• Conducting an Environmental
Assessment Under the National
Environmental'Policy Act (NEPA) . Some
construction activities may require
environmental assessments under NAPA.
Such assessments may indicate if listed
species are in proximity. (BCGP coverage
does not trigger NAPA because it does not
regulate any dischargers subject to New
Source Performance Standards under section
306 of the Clean Water Act. See CWA
§511(c). However, some construction
activities might require review under NEPA
because of Federal funding or other Federal
nexus.)
If no species are in proximity, an applicant
is eligible for BCGP coverage and may
indicate that in the NOI and certify that it is
eligible for BCGP coverage under Part
I.B.3.E.(l)(a) of the permit by marking box a.
in the certification provisions of the NOI.
If listed species are found in proximity to
a facility, applicants must indicate the
location and nature of this presence in the
Pollution Prevention Plan and follow step 4
below.
Step 4: Determine if Species or Critical
Habitat Could Be Adversely Affected by the
Construction Activity'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 impacts from BMPs are likely to
occur from the construction activities.
However, it is possible that the operation of
some BMPs (for example, larger storm water
retention ponds) may affect endangered and
threatened species.
If adverse effects are not likely, then the
applicant should certify that it is eligible for
BCGP coverage under Part I.B.3.e(l)(a) of the
permit by marking box a. in the certification
provisions of the NOI. If adverse effects are
likely, applicants should follow step 5 below.
Step 5: 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 construction
activities such as re-routing a storm water
discharge to bypass an area where species are
located, relocating BMPs, or limiting the size
of construction activity that will be subject to
storm water discharge controls.
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 listed.
species and/or critical habitat. (See 50 CFR
402.13(b)). This can entail the initiation of
informal consultation with the FWS and/or
NMFS which is described in more detail
below at Step Six.
If applicants adopt measures to avoid or
eliminate adverse affects, they must continue
to abide by them during the course of permit
coverage. These measures must be described
in the pollution prevention plan and may be
enforceable as permit conditions.
If appropriate measures to avoid the
likelihood of adverse effects are not available
to the applicant, the applicant should follow
Step 6 below.
Step 6: Determine if the Eligibility
Requirements of Part I.B.S.E.(l) (b)-(e) Can
Be Met ;
Where adverse effects are likely, the
applicant must contact the EPA and FWS/
NMFS. Applicants may still be eligible for
BCGP coverage if any likelihood of adverse
effects are addressed through meeting the
criteria of Part I.B.3.e.(l)(b)-(e) of the permit.
To do so the applicant may:
• I.B.3.e.(l)(b). The applicant's activity has
received previous authorization through an
earlier section 7 consultation or issuance of
a ESA section 10 permit (incidental taking
permit) and that authorization addressed
storm water discharges and/or BMPs to
control storm water runoff, (e.g., developer
included impact of entire project in
consultation over a wetlands dredge and fill
permit under Section 7 of the Endangered
Species Act). If the applicant is eligible for
coverage under this criteria, it should
indicate this by marking box (b) of the
certification provisions.
• I.B.3.e.(l)(c). The applicant's activity was
considered as part of a larger, more
comprehensive assessment of impacts on
endangered and threatened species and/or
critical habitat under section 7 or section 10
of the Endangered Species Act that which
accounts for storm water discharges and
BMPs to control storm water runoff (e.g.,
where a area-wide habitat conservation plan
and section 10 permit is issued which
addresses impacts from construction
activities including those from storm water or
a NEPA review is conducted which
incorporates ESA section 7 procedures). If
the applicant is eligible for coverage under
this criteria, it should indicate this by
marking box (c) of the certification
provisions.
• I.B.3.e.(l)(d). Enter section 7
consultation with the FWS and/or NMFS for
the applicant's storm water discharges and
BMPs to control storm water runoff.
In such cases, EPA automatically
designates the applicant as a non-federal
representative. SeeI.B.3.e.(4). When
conducting section 7 consultation as a non-
federal representative, applicants should
follow the procedures found in 50 CFR 402
the ESA regulations. Applicants must also
notify EPA and the appropriate FWS/NMFS
office of its intention to conduct consultation
as a non-federal representative.
Coverage by the BCGP is permissible under
PartI.B.3.E.(l)(b) if the consultation results
in either: (1) FWS/NMFS written
concurrence with a finding of np likelihood
of adverse effects (see 50 CFR 402.13) or (2)
issuance of a biological opinion in which
FWS and/or NMFS finds that the action is
not likely to jeopardize the continued
existence of listed endangered threatened
species or result in the adverse modification
or destruction of adverse habitat (see 50 CFR
403.14(h)).
Any terms and conditions developed
through consultations to protect listed
species and critical habitat must be
incorporated into the pollution prevention
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Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
29821
plan, As noted above, applicants may, If they
wish. Initiate consultation during Step Five
above (upon becoming aware that
endangered and threatened species are in
proximity to the facility).
If the applicant is eligible for coverage
under this criteria, it should indicate this by
marking box (d) of the certification
provisions,
• l,B,3.e,(l)(e). The applicant's activity was
considered as part of a larger, more
comprehensive site-specific assessment of
impacts on endangered and threatened
species by the owner or other operator of the
site when it developed a SWPPP and that
permittee certified eligibility under items
I,B.3,c.(l)(a). (b). (c). or (d) of the permit (e.g.
owner was able to certify no adverse impacts
for the project as a whole under item (a), so
contractor can then certify under item (e)).
Utility companies applying for area-wide
permit coverage may certify under item (e)
since authorization to discharge is contingent
on a principal operator of a construction
project having been granted coverage under
this, or an alternative NPDES permit for the
areas of the site where utilities installation
activities will occur.
If the applicant is eligible for coverage
under this criteria, it should indicate this by
marking box (e) of the certification
provisions.
The applicant must comply with any terms
and conditions imposed under the eligibility
requirements of paragraphs I.B.3.e.(l)(a), (b),
(c). (d), (e) to ensure that storm water
discharges or BMPs to control storm water
runoff are protective of listed endangered and
threatened species and/or critical habitat.
Such terms and conditions must be
incorporated in the applicant's storm water
pollution prevention plan.
If the eligibility requirements of Part
I.B.3.e.(l)(a)-(e) cannot be met then the
applicant may not receive coverage under the
BCGP. Applicants should then consider
applying to EPA for an individual permit.
This permit does not authorize any
"taking" (as defined under section 9 of the
Endangered Species Act) of endangered or
threatened species unless such takes are
authorized under sections 7 or 10 the
Endangered Species Act. Applicants who
believe their construction activities may
result in takes of listed endangered and
threatened species should be sure to get the
necessary coverage for such takes through an
individual consultation or section 10 permit.
This permit does not authorize any storm
water discharges or BMPs to control storm
water runoff that are likely to jeopardize the
continued existence of any species that are
listed as endangered or threatened under the
Endangered Species Act or result in the
adverse modification or destruction of
designated critical habitat.
II. Endangered Species County-by-County
List
(See Addendum H to the Multi-Sector
Storm Water General Permit published in the
Federal Register on September 29, 1995 (60
FR 50804).
BILLING CODE 6660-60-P
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29822
Federal Register / Vol.'62, No. 105 / Monday, June 2, 1997 / Notices
ADDENDUM B
THIS FORM REPLACES PREVIOUS FORM 2040 0086
See Reverse for Instructions
Form Approved. OMB NO. 2040-0086
Approval Expires: 0/0/00
NPDES
FORM
United States Environmental Protection Agency
Washington, DC 20460
Notice of Intent (NOI) for Storm Water Discharge s Associated with
CONSTRUCTION ACTIVITY Under a NPDES General Permit
. . by a NPDES permit tesuad for
storm water discharges associated with construction activity In the State Identified In Section II of this form. Becoming a permittee obligates such discharger
to comply with the terms and conditions of the permit. IN ORDER TO OBTAIN AUTHORIZATION, ALL REQUESTED INFORMATION MUST BE PROVIDED
ON THIS FORM. SEE INSTRUCTIONS ON BACK OF FORM.
I. Facility Owner/Operator Information
I I I i i I I I I
Name: | I i i i i i i i i i i i i i i i i i I i i i i i i i i I Phone:
Status of
oimus ui i i
Address: I i i i i i i ' i ' i i i i i i i I Owner/Operator I I
City: | i i i i i i i i i i i i i i i i i i i i i- I state: I i I Zip Code: | i i i i 1-1 i i i
Is the facility located on
Indian Lands?
Dves D No
II. Site Information
Name of the
Project: I i i i
Location of
Project: I I i i I i I i i i i i i i i i i i i i i i i i i i i i I
City: I I I I I i i I I I i i I i i i i i i I I i I State: I I I Zip Code: I I I I i i i i i i I
Latitude: | i I i I i I Longitude: | I i I i I i I County: I i i i i i i i i i i i i i i i i i i |
Is Pollution Prevention Plan (PPP) developed? DYes D No Is PPP implemented? D Yes D No
Address of location of PPP for viewing: D Address in I. above D Address in II. above D Other, please specify below
PPP
Address: | i i' i i i i i i i i i i i i i i i i i i i i i i i i i I Phone:! i i I i i I i ' i i I
City: | I I I I I I I i i I I I I I I I I I I i i I State: I I I Zip Code: | i i i i i i i i i I
Other Operator NPDES Permit Number I i i ' i i i i i I
Name of Receiving Water | i i I I I I I I I i I I I i i I I I I i i i i i i i i i i i i i i i I
' • I I
l i
Month Day
Construction Start Date
I I I
I I I
"MonBl Dit war
Completion Date
Estimated area to be disturbed (to nearest acre): I I I I I I I
Is the Storm Water Pollution Prevention
Plan In compliance with all other applicable _-.._.-_
local sediment and erosion plans? LJYes U No U None
Estimate of Likelihood of Discharge (choose only one):
1. D Unlikely 2. D Once per month 3. D Once per week 4. D Once per day 5. D Continual
Based on the instructions pravidod In Addendum A of the permit, are
any species identified In Addendum A in proximity to the storm water
discharges to be covered under this permit, or the areas of BMP
construction to control those storni water discharges?] |yes ] I KI.
WII Construction (land disturbing activities) be conducted for storm
watercontnte?
Is application subject to a written hfetorio
preservation agreement?
DYes D No
ElYes D No
III. Certification
I certify under penalty of law that I have read and understand the Part I.B. eligibility requirements for coverage under the general permit for storm water
discharges from construction activities, Including those requirements relating to the protection of endangered species Identified In Part I.B.S.e.
I further certify that I have followed the procedures found In Addendum A to protect listed endangered and threatened species and designated critical
habitat and that the discharges covered under this permit and BMPs to control storm water runoff meet one or more of the eligibility requirements
of Part I.B.3.e.(1) of this permit. Check the box(es) corresponding to that part of Part I.B.3.e.(1) under which you claim compliance with the eligibility
requirements of the permit, (a)rj (b)Q (c) Q (d) rj (e)Q
I further certify, to the best of my knowledge, 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 am otherwise eligible
for coverage , In accordance with Part I.B.S.f. of the permit, due to a previous agreement under the National Historic Preservation Act.
I understand that continued coverage under this permit Is contingent upon maintaining eligibility as provided for in Part I.B.
LJ Utility Companies check here If applying for coverage as described In Section II(A)(4). The following certification statement additionally
applies: I certify that 1 understand that authorization to discharge is contingent upon a principal operator of the construction project being
granted coverage under this, or an alternative NPDES permit.
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision In accordance with a
system design to assure that qualified personnel properly gather and evaluate the Information submitted. Based on my Inquiry of the person
or persons who manage this system, or those persons directly responsible for garnering 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 raise informa-
tion, Including the possibility of fine and Imprisonment for knowing violations.
Print Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Date: | I I I I I I
Signature:
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Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
29823
&EFA
Instruction* -EPA Form xx Notice of Intent (NO1) for Storm Water Discharge*
Associated with Construction Activity To Be Covered Under a NPDES Permit
Form
Approved.
OMS No. 2040-0086
Approval Expires: 0/0/00
Who Mutt FH« A Notice Of Intent Foirn
Un^traprcvWor*ofth»Cl«»nvVilerAct,•»amended, (33U.S.C. . .1251
etteq.,..tho Ad), except it provided by part I.B.3 the permit, federal law pro-
NbSs dfechtrges of storm water from construction activities without a National
PoRufent Discharge Elimination System Permit. The operator of a construction
site that he* such • storm wtter discharge must subml a NOI to obtain cover-
•aeunder « NPDES Storm V*ter General Permit IJ you have quesfions about
whether you need a permit under the NPDES Storm Water program, or if you
need Information as to whethera p«rticutar program Is administered by EPA or
a state agency, write to or telephone the Notice of Went Processing Center at
(703)031-3230.
VYh«r* to File NOI Form
NOI* must be sent to th« following address:
Storm Wrier Notice of Intent (4203)
USEPA
401MStreet,SW
VMuhkxjton, D.C. 20460
Pfeasa do nojt send copies of Pollution Prevention Plans (PPPs) to the above
address.
Completing Th« Form
Vbu mat type or print, using upper-case letters, in the appropriate areas only.
Please place each character between the marks. Abbreviate If necessary to
stoywBhin the number of characters allowed tor each item. Useone space for
break* between words, but not for punctuation marks unless they are needed
to dsrtfy your response. If you have any questions on this form, can the Notice
of Intent Processing Center at (703) 331-3230.
Section L Facility Owner/Operator Information
Provide the legal name, mailing address, and telephone number of the person,
firm, pubfc organization, or any other entity that either Individually or taken
together meet the following fcvo criteria: (1) they have operational control over
the sle specifications (jndudtng the ability to make modifications hi specifica-
tions); and (2) they have me day-to-day operational control of those activities at
the site necessary to ensure compliance with plan requirements and permit
oxidltions. Do not use • colloquial name. -- .-
Enter the appropriate letter to indicate the legal status of the operator of the
KK«y. F* Federal; S« Stele; M = Public (othe' than federal or state); P*
Private
Section H. Site Information
Enter the ProJeetOe official or legal name and complete street address, includ-
ing dry, county, state, ZIP code and phone number. If the site lacks a street
address, tadtcata wHh a general statement the location of the site (e.g.,
(ntersectk>nofstaten!ghways61 and 34). The applicant must also provide the
latitude and longitude of the faculty In degrees, minutes, and seconds to the
nearest 15 seconds.
The latitude and longlude of your facility can be located on USGS quadrangle
maps. The quandrangfa maps can be obtained at 1-800 USA MAPS.
Longitude and latitude may also be obtained at the Census Bureau Internet
stt*: hep^/www.census.gov/cgl-bln/gazetteer
Indicate whether the fccBty Is on Indian Lands.
Indicate H the Pollution Prevention Pin (PPP) has been developed. Also Indi-
cate tf the PPP has been Implemented. Refer to Part IV of the General Permit
for Information on PPPs. 6Yee6 means the PPP Is ready to be Implemented
upon notHcatton of coverageor that the PPP Is ready to be Implemented at the
time the NOI form Is submitted.
Provide the address and phone number where the PPP can be viewed, if dif-
ferent from addresses previously given. Check appropriate box.
Enter the name of the receiving water body. If no water body exists on site,
enter name of closest predominant receiving water body. Contact the appro-
priate state (or EPA regional) office to obtain more information on water bod-
ies.
Enter the construction start and completion dates using four digits for the year.
Enter the estimated area to be disturbed including but not limited to: grubbing,
excavation, grading, and utilities and Infrastructure Installation. Indicate to the
nearest acre.
Indicate if the PPP is in compliance with all other applicable local sediment and
erosion plane.
Indicate if any species listed In Addendum A of the General Permit Is in prox-
imity to the storm water discharges or BMP construction associated with the
discharges and requirements to be covered by this permit.
Indicate If land disturbing activities will be conducted for the construction of
storm water controls.
Indicate if applicant Is subject to and In compliance with a written historic
preservation agreement
Indicate only one estimate of likelihood of discharge.
Section III. Certification
Indicate under which criteria the applicant claims compliance with the
Endangered Species Act. Refer to Part I.B.3.e.(1) of the General Permit.
If applicant te a Utility Company, indicate If applying for coverage as described
In Section II (A) (4) of the General Permit
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 presi-
dent, 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 sates 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 of the proprietor,
or;
For a municipality, state. Federal, or other public facility: by either a principal
executive or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burden for this application Is estimated to average 1.75 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, D.C. 20460, or Director,
Office of Information and Regulatory Affaire, Office of Management and
Budget, Washington, D.C. 20503.
PLEASE MAKE SURE YOU AQUIRE A COPY OFTHIS PERMIT AND READ
ALL TERMS AND CONDITIONS.
-------
29824
Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
ADDENDUM C
NPDES
FORM
THIS FORM REPLACES PREVIOUS FORM 3510-7 (8-92) Form Appro*. OWN* tm«m
PI««««8»«ln«tnictton»B«tor» Completing Thl« Form . Anvv;*mrinm nm
vvEPA
United State* Environmental Protection Agency
Washington, DC 20440
Notlc* of Tnrmlration (NOT) of Coverage Under a NPDES General Permit for
Stonn Water DUchargetAMoclated with lndu«trl«l Activity
Submission of into Notice of Termination constitute* node* that ttw party MeMirled In Section II of this form la no I
associated with industrial activity underthe NTOES program. AU/NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM7
I. PentiR Information
NPDES Storm Water ,
GeneralPemtitNumben I ' i '
ChedcHew If You are No Longer
the Operator o
Cheek Here If me Storm Water I I
Discharge is Being Terminated: I 1
II. Facility Operator Information
Name: I i i i i i i i i i i i i i i i i i i i i i i i i i i i i i I phone: I < i I i i I i i i
Address: L_I_J_J__J__I — i i i i i i i i i i i i i i i. i i i i ..i.. i i i i i i
Pfty: I i l i l l l • l — i i i i i , i. .1 i i i i i i i_J State: I ' I
III. Facility/Site Location Information
Name: I—i—i—i—i—l—• • >
I
Address:! i i i i i i i i i
I
Latitude: L-L-L-JL-JLiJ
i i i ' i i i i i I State: 1 i . I ZIP Code: I ' ' ' ' ' '' ' ' ' I
i i I i I i I omiter I i I section: I i I Taimsnlp: I . i.. • '• I Range: I i i i I
IV. Ceiflflcatfon: I certify under penalty of law that all storm water discharge* associated wHh Industrial activity from the Identified facility that are
authorized by a NPDES general permtt have been eliminated or that I am no longer the operator of the facSlty 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 penult and
that discharging pollutants In storm water associated with Industrial activity to waters of the United States Is unlawful under the Clean Water Act where
the discharge Is not authorized by a NPDES permit I also understand that the submffial of this Notice of Termination does not release an operator from
liability for any violations of this permit or the Clean Water Act
Print Name:
Signature:
Date:
Instructions for Completing Notice of Termination (NOT) Form
Who May FD* • Nolle* ol Termination (NOT) Tom
Permittees who an presently covtrtd undtf an EPA-lssued Nttkxwl Pofiuttnt
Dtehvgi Bbnlrwtkjn Sy*«rn (NPDES) General Pemtit (Including th* 1M5
MuW-Ssctor Pun*) fat Storm W«t«r Dlehaiges Auodtted with Industrial Activity
rmytubmlt a Notice of Tom*ialion (NOT) (orni wh«n thoir f«dltti«a no longar
h«v» «ny «tomi water oTjchmroM anociilKl with InduXifal activity a» (Mined in
th* itorm water regulation* at 40 CFR 122.26(bX14), or whan Uioy «ro no longer
ttw opwator of ttw taeKtlw.
For carMnjOSon ictMaet, gflmlnatkin of al «tonn water fStchaigeo uudattd
witti Induatrtal icHvily oecum whan OMuibwl soBs »t th* oonstnuton site have
b*en KnaBy ctabHzad and tmponuy notioii and «**mon! control nMuura*
have been nmov*d or wil b« ranwv*d at an appropriate Hme, or that al ttorni
wattrdichirgM suoclattd with Muttrial activity from ft* cormnjcllon»rtBthat
•n authorized by • NPDES g*n*ral pwtntt h«v* oth«mla* been oltminil»d Final
•taMbatlon mmra that all loS-dUturWng acSvitln at ttw ttt* have been
comptoM, and that e uniform pmmlal vegetatlv* cover wth a density of 70% of
Q» cover for unpwcd ana* end an** not covered by permanent atiucturei hat
been wUbltsliKj, or equivalent permanent stabilization nwuures (such aa the
useof nprap,9«b)on»,org«otexUij«) have been employed.
WlwntoRtoNOT Fonn
Sendthlffonntoth* th* following addnux:
Stomi Water Notice ol T*nrtnatton (4203)
401MStra«t,S.W.
Washington. DC 204SO
CemptsilngtheFona
Type or print, using upper-case Mian, ki Vie appropriate anu only-
pise* each chawcter betwowt flw maik*. Abbi«viat*lfnK*amyto
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Federal Register / Vol. 62. No. 105 / Monday, June 2, 1997 / Notices
29825
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
Ent*rtha existing NPDES Storm Water General Permit number assigned to the
fic»ity or site identified In Section 111. If you do not know the peimit number.
(•(•phone or write your EPA Regional storm water contact person.
Indicate your reason for submMng this Notice of Termination by checking the
appropriate box;
Hfwe has been a change of operator and you are no longer the operator of
the fsdtty orsXe identified in Section 111, check the corresponding box.
Kals&mn water discharges at the fadlty or silo identified In Section III have
been terminated, check the corresponding box.
Section 8 Facility Operator Information
OJrt» the legal name of the person, firm, public organization, or any other enlity that
opentet the f*clly or site described in this application. The name of the operator
may or may not b*the same name as the facilSy. The operator of the facllty is the
legal entty which controls the facllty's operation, rather than the plant or site
manager. Donotmaacoloqulalname. Enter the complete address and telephone
number of the operator.
Section III Facility/Site Location Information
Enter the facHt/< or sHe's official or legal name and complete address, including
ety.cMoandZIPeode. K the fecWty lacks a street address, indicate the slate, the
latitude and longitude of the faeSHy to me nearest 15 seconds, or the quarter,
secUon, township, and range
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29826
Federal Register / Vol. 62. No. 105. / Monday, June 2. 1997 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRU-5832-7]
Agency Information Collection
Activities: Proposed Revision to
Collection; Comment Request;
Revision to Application for the
National Pollutant Discharge
Elimination System Discharge Permit
(NPDES) and the Sewage Sludge
Management Permit (Applications)
Information Collection Request (ICR).
Notice of Intent for Storm Water
Discharges Associated With Industrial
Activity "
AGENCY: Environmental Protection
Agency (EPA). .
ACTION: Notice.
SUMMARY: In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.). this notice announces that
EPA is planning to submit the following
proposed revision of the Applications
ICR to the Office of Management and
Budget (OMB): [Applications for the
National Pollutant Discharge
Elimination System Discharge Permit
(NPDES) and the Sewage Sludge
Management Permit ICR, EPA ICR No.
0226, and OMB No. 2040-0086, expires
August 31, 1998.] This notice
accompanies the notice of Proposed
Reissuance of NPDES General Permits
for Storm Water Discharges from -
Construction Activities published
elsewhere in today's Federal Register
notice.
The Applications ICR calculates the
burden and costs associated with permit
applications for NPDES discharges and
sewage sludge management activities.
NPDES discharges include domestic
wastewater, industrial wastewater
storm water, and other discharges. EPA
is revising the portion of the ICR that-
applies to the Notice of Intent (NOI)
form for storm water discharges from,
construction activities. Before
submitting the ICR to OMB for review
and approval, EPA is soliciting
comments on specific aspects of the
proposed revision to the information
collection as described below.
DATES: Comments must be submitted on
or before August 1, 1997. All public
comments shall be submitted to: ATTN:
CBGP-Comments. W-97-01 Water
Docket MC-4101, U.S. EPA. Room 2616
Mall. 401 M Street SW., Washington, DC
20460. , , ,
Please submit the original and three
copies of your comments and enclosures
(including references). Comments must
be received or post-marked by midnight
no later than August 1, 1997.
Commenters who want EPA to
acknowledge receipt of their comments
should enclose a self-addressed stamped
envelope. No facsimiles (faxes) will be
accepted. Comments may also be
submitted electronically to: ow-
docket@epamail.epa.gov
Electronic comments must be
submitted as an ASCII file avoiding the
use of special characters and forms of
encryption. Electronic comments must
be identified by the docket number W-
97-01. No Confidential Business
Information (CBI) should be submitted
through e-mail. Comments and data will
also be accepted on disks in
WordPerfect 5.1 format or ASCII file
format. Electronic comments on this
notice may be filed online at many
Federal Depository Libraries. The record
for this proposed ICR revision has been
established under docket number W-
V97-01, and includes supporting
documentation as well as printed, paper
versions of electronic comments. It does
not include any information claimed as
CBI. The record is available for
inspection from 9 am to 4 pirn, Monday
through Friday, excluding legal
holidays, at the Water Docket, Room
M2616, Washington, DC 20460. For
access to the docket materials, please
call (202) 260-3027 to schedule an
appointment.
ADDRESSES: A copy of the ICR will be
available at the Water Docket (W-97-
01), Mail Code-4101, Environmental
Protection Agency, 401 M. Street, S.W.,
Washington, D.C. 20460. Copies of the
ICR can be obtained free of charge by
writing to this address.
FOR FURTHER INFORMATION CONTACT:
Angela Lee, Telephone: (202) 260-6814.
E-mail: Lee.Angela@EPAmail.EPA.gov
SUPPLEMENTARY INFORMATION:
Affected entities: Entities potentially
affected by this action are those which
have storm water discharges associated
with construction activity (40 CFR
122.26(b)(14)(x)) to waters of the U.S.
Title: Revision to Applications ICR
(OMB Control No. 2040-0086; EPA ICR
No. 0226 J. expiring 8/31/98.
Abstract: Section 402 (p) of the Clean
Water Act (CWA) clarifies that storm
water discharges associated with
industrial activity to waters of the
United States must be authorized by an
NPDES permit. NPDES general permits
for storm water discharges associated
with industrial activity require that
dischargers submit a Notice^of Intent
(NOI) to be covered by the permit prior
to the authorization of their discharges
under such permit (see 40 CFR
122.28(b)(2), (April 2, 1992, (57 FR
11394)). The "U.S. EPA is revising the
current NOI (Form 3510-6) by creating
separate NOIs for discharges associated •
with construction activities and those
associated with industrial activities.
This discussion is limited to changes to
the NOI for storm water discharges
associated with construction activities
(40CFR122.26(b)(14)(x)).
„ EPA is proposing certain changes to
its existing NOI form for storm water
discharges from construction activities.
Information which is no longer being
requested include (1) entries related to
the quarter, section; township and range
for the location of the site or facility, (2)
if the facility is required to Submit
monitoring data, (3) the SIC or
Designated Activity Code, (4) the MS4
operator name and the (5) storm water
general permit number for those filing
as co-permittees.
The new information which EPA
proposes to request on the NOI form is
described below:
1. If the Pollution Prevention Plan
(PPP) has been developed, if it is
implemented and the location for
viewing. The information is being added
to allow for a better understanding by
the public of the storm water control
efforts at the site.
2. Indication of the estimate of
likelihood of discharge (unlikely, once
" per month, once per week, once per day,
or continual). This information is being
added to help identify the risk level
associated with the site.
3. Utility companies that are applying
for coverage that incorporate certain
aspects of submissions of a principal
operator are asked to certify that they •
understand that authorization to
discharge is contingent upon a principal
operator of the construction project.
being granted coverage under an NPDES
permit. This was added to clarify
requirements for adequate permit
coverage for utilities.
4. Indication in a yes or no answer it
there are endangered species in
proximity to the discharges or best
management practices.
5. Indication in a yes or no answer it
there is a historic preservation
agreement applicable to the site. •
6. The certification statement has
been modified so that applicants
provide an Endangered Species Act
certification. "
7. The certification statement has
been modified to require the applicant
to provide a National Historic
Preservation Act certification.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it display^ a currently valid OMB
control number. The OMB control
numbers for EPA's regulations are listed
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Federal Register / Vol. 62, No. 105 / Monday, June 2, 1997 / Notices
29827
in 40 CFR Part 9 and 48 CFR Chapter
15.
The EPA would like to solicit
comments to;
{I) Evaluate whether the proposed
collection of Information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(H) Evaluate the accuracy of the
agency's estimate of the burden of the
proposed collection of information,
including the validity of the
metfiodoTogy and assumptions used;
(Hi) Enhance the quality, utility, and
clarity of the information to be
collected; and
(iv) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
Burden Statement: The-increased
annual burden for the revisions to the
NOI form is expected to be 6,816 hours
in labor and $217,776 (in 1995 dollars)
in labor cost. In 1997 dollars, this is
equivalent to $228,200. EPA estimates
that the changes to the existing NOI
form require an additional 30 minutes
for respondents to complete the form.
This estimate was derived by polling
environmental professionals for their
estimates of the time needed to
complete the additional questions. The
total number of respondents is 18,176'
per year. Current data from the NOI
processing center was used to determine
relative percentages of construction
versus industrial NOIs. This percentage
was then applied to the 1995
Applications ICR which included totals
for U.S. EPA NOIs. State NOIs, and
group applicants for both industrial and
'construction activities (33,159). 1995
labor rates contained in the 1995
Applications ICR were used to calculate
costs in 1995 dollars. Respondents will
complete the NOI once per permit term
(every five years). There are no capital
costs such as equipment and operation
and maintenance associated with the
NOI. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
Dated: May 22, 1997.
Michael B. Cook,
Director, Office of'WastewaterManagement.
[FR Doc. 97-14192 Filed 5-30-97; 8:45 am]
BILLING CODE GS60-5O-P
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