Friday
July 11, 1997
Part IV
Environmental
Protection Agency
Proposed Modification of National
Pollutant Discharge Elimination System
(NPDES) Storm Water Multi-Sector
General Permit for Industrial Activities;
Notice
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37448
Federal Register / Vol. 62, No. 133, Friday, July 11, 1997 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL-5855-7]
Proposed Modification of National
Pollutant Discharge Elimination
System (NPDES) Storm Water Multi-
Sector General Permit for Industrial
Activities; Proposal To Terminate the
EPA NPDES Storm Water Baseline
Industrial General Permit
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of proposed
modifications of the NPDES Storm
Water Multi-Sector General Permit for
Industrial Activities and Proposal to
Terminate the EPA Storm Water
Baseline Industrial General Permit.
SUMMARY: The Regional Administrators
of EPA Regions I, II, HI, IV, VI, IX, and
X are today providing notice of a
proposed modification of EPA's final
NPDES storm water multi-sector general
permit (MSGP) which was first issued
on September 29, 1995 (60 FR 50804),
and amended on February 9, 1996 (61
FR 5248), February 20, 1996 (61 FR
6412), and September 24, 1996 (61 FR
50020). EPA is proposing to modify the
MSGP to authorize storm water
discharges from previously excluded
facilities so that they may be covered by
the MSGP after expiration of EPA's
baseline general permit. EPA is also
proposing the following limited specific
changes to the MSGP as published on
September 29, 1995 (60 FR 50804): (1)
Authorization of mine dewatering
discharges from construction sand and
gravel, industrial sand and crushed
stone mines in non-NPDES areas of EPA
Regions II and X; (2) inclusion in Sector
A of the MSGP of the effluent limitation
guideline in 40 CFR part 429, subpart I
for discharges resulting from spray
down of lumber and wood products in
storage yards (wet decking); (3)
clarification that Sectors X and AA
authorize discharges from all facilities
in major SIC groups 27 and 34
respectively; and (4) addition of new
sector (sector AD) to the MSGP to
authorize discharges from Phase I
facilities which may not fall into one of
the sectors of the modified MSGP, and
selected Phase II discharges which are
designated for permitting in accordance
with 40 CFR 122.26(g)(l)(i).
The Regional Administrators are also
providing notice that the Agency does
not intend to reissue the NPDES storm
water baseline industrial general permit
which was issued on September 9, 1992
(57 FR 41236) or September 25, 1992 (57
FR 44438), depending on the geographic
area of applicability, and propose to
terminate this permit (with the limited
exceptions discussed in Section I below)
upon final modification of the multi-
sector permit. As a result, all industrial
facilities previously permitted under the
baseline permit, except as otherwise
noted in this notice, would therefore be
required to seek storm water permit
coverage under the modified multi-
sector permit when issued in final or
submit an application for an individual
permit.
DATES: Comments on the proposed
modifications must be received or
postmarked by midnight no later than
August 15, 1997. See below for
scheduled hearings and public
meetings.
ADDRESSES: The index to the
administrative record for this permit is
available at the appropriate Regional
Office or from the EPA Water Docket
Office in Washington, DC. The
administrative record is stored in two
locations. Documents immediately
referenced in this modification notice
are stored at the EPA Water Docket
Office at the address listed below. All
other documents which were used to
support the original issuance of the
multi-sector general permit in 1995 are
a supplement to the record for this
modification action but are stored at
Science Applications International
Corporation (SAIC), 1710 Goodridge
Drive, McLean, Virginia 22102. These
materials include, for example, the
permit applications and sampling data
provided to EPA by group applicants.
The immediate and supplemental
record is available for inspection from 9
a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. For
appointments to examine any portion of
the administrative record, please call
the Water Docket Office at (202) 260-
3027. Copies of the proposed permit
modification may be acquired from the
Office of Water Resource Center by
dialing (202) 260-7786. 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
permit modifications, contact the
appropriate EPA Regional Office. The
name, address and phone number of the
EPA Regional Storm Water Coordinators
are provided in Part III.H of this fact
sheet.
PUBLIC COMMENT PERIOD: Public
comments are being invited only for
those specific modifications which are
proposed for the MSGP, as well as
EPA's proposal to transfer permit
coverage from the baseline permit to the
MSGP. EPA stresses that the MSGP
overall is not being reconsidered at this
time. The public should send an
original and three copies of their
comments and enclosures (including
references) addressing any aspect of this
notice to: ATTN: MSGP Modification-
Comments, W-97-06, Water Docket,
MC-4101, U.S. EPA, Room 2616 Mall,
401 M Street SW., Washington, DC
20460.
To ensure that EPA can read,
understand, and therefore properly
respond to comments, the Agency
requests commenters to type or print in
ink any comments. Each comment
should cite the page number and, where
possible, the section(s) and/or
paragraph® in the proposed permitting
actions to which the comment relates.
Commenters should use a separate
paragraph for each issue discussed.
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-
97-06. 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 permit
modification has been established under
docket number W-97-06 and includes
supporting documentation as well as
printed, paper versions of electronic
comments. It does not include any
information claimed as CBI.
PUBLIC MEETINGS AND HEARINGS: Public
meetings and hearings to discuss the
proposed permitting actions are
scheduled in certain Regions as follows:
EPA Region VI
Date: July 21, 1997.
Time: 1 p.m. (Public Meeting).
Location: Howard Johnson Hotel at
Hobby Airport, 7777 Airport Blvd.,
Houston, Texas 77061.
Date: July 28, 1997.
Time: 1 p.m. (Public Meeting).
Location: Albuquerque Marriott Hotel,
2101 Louisiana Blvd., NE, Albuquerque,
New Mexico 87110.
Date: August 11, 1997.
Time: 9 a.m. (Public Meeting), 1 p.m.
(Public Hearing).
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Federal Register / Vol. 62, No. 133, Friday, July 11, 1997 / Notices
37449
Location: U.S. EPA Regional Office,
12th Floor State Conference Rooms,
1445 Ross Avenue, Dallas, Texas 75202-
2733.
EPA Region IX
Date: August 12.1997.
Time: 1 p.m. to 5 p.m. (Public
Hearing).
Location: Arizona Department of
Environmental Quality, Public Meeting
Room, 3033 North Central Avenue,
Phoenix, Arizona 85012.
Persons wishing to make an oral
presentation must restrict themselves to
15 minutes and are encouraged to have
written copies of their comments for
inclusion in the official record.
State Certification
EPA is providing copies of today's
proposed permitting actions to States
and Indian Tribes where the proposed
actions would be effective. The States
and Tribes will review the proposed
actions to ensure that they will not
result In violation of water quality
criteria. EPA will work with the States
and Tribes to obtain their certification
in accordance with Section 401 of the
Clean Water Act. EPA will prepare
certifications for Indian lands where
there is no approved Tribe or where die
approved Tribes have not established
water quality standards.
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 tills review.
SUPPLEMENTARY INFORMATION:
Table of Contents
The following is an oudine of the
organization of today's proposed
permitting actions:
Explanation of Proposed Permit
Modifications
I. Background
H. Coverage of Proposed Modified MSGP
in. Requirements for Transferred Facilities
A. Notification Requirements
1. Historic Preservation
2. Endangered Species
3. North American Industry Classification
System
B. Special Conditions
1. Non-storm Water Discharges
2. Releases of Reportable Quantities of
Hazardous Substances and Oil
3. Co-located Industries Facilities
C. SWPPP Requirements
I. Deadline for SWPPP Revision and
Implementation for Transferred Facilities
2. Special Requirements for Facilities
Subject to EPCRA Section 313
Requirements
D. Monitoring and Reporting Requirements
1. Sampling Schedule
2. Sample Type
3. Quarterly Visual Examination
Requirements of the MSGP
4. Exemptions for Analytical Monitoring
5. Reporting Requirements
E. Numeric Effluent Limitations
F. Miscellaneous Proposed Permitting Action
1. Coverage of Mine Dewatering Discharges
In EPA Regions II and X
2. Discharges Resulting from Spray Down
of Lumber and Wood Products in Storage
Yards In Sector A
3. Clarification of Coverage in Sectors X
and AA of the MSGP
4. Addition of Sector AD to the MSGP
G. Response to National Mining Association
Concerning Sector G of the MSGP
H. Regional Offices
IV. Cost Estimates
V. Economic Impact (Executive Order 12866)
VI. Unfunded Mandates Reform Act
W. Paperwork Reduction Act
VIH. Regulatory Flexibility Act
DC. Official Signatures
Explanation of Proposed Permit
Modifications
The following discussion is an
explanation and rationale for the
permitting actions and permit
modifications that EPA proposes to take
in today's notice. The actual language of
the proposed permit modifications
follows the signature pages at the end of
this discussion.
I. Background
On September 9,1992 (57 FR 41175)
or September 25, 1992 (57 FR 44412),
depending on the geographic area
involved, EPA issued a final NPDES
storm water baseline industrial general
permit (not including construction
activity) for the following areas:
EPA Region I—for the States of Maine,
Massachusetts and New Hampshire; and
for Indian Country lands located in
Massachusetts, New Hampshire, and
Maine.
EPA Region II—for Puerto Rico and
Indian Country lands located in New
York. (On April 14, 1993, EPA proposed
modifications to the baseline general
permit issued in Puerto Rico to address
changes to the 401 certification
conditions requested by the
Environmental Quality Board (EQB) of
Puerto Rico. On September 24, 1993 the
changes became final. These
modifications, however, did not alter
the original issuance and expiration
date of the baseline permit in Puerto
Rico.)
EPA Region III—for the District of
Columbia and Federal facilities in
Delaware.
EPA Region IV—for the State of
Florida; and for Indian Country lands
located in Florida, Mississippi, and
North Carolina.
EPA Region VI—for the States of
Louisiana, New Mexico, Oklahoma and
Texas; and for Indian Country lands
located in Louisiana, New Mexico
(except Navajo lands and Ute Mountain
Ute Reservation lands), Oklahoma, and
Texas.
EPA Region VIII—for die State of
South Dakota; for Indian Country lands
located in Colorado, Montana, South
Dakota, North Dakota, Utah (except
Goshute Reservation and Navajo
Reservation lands), and Wyoming; for
Federal facilities in Colorado; and for
the Ute Mountain Ute Reservation in
Colorado and New Mexico.
EPA Region IX—for the State of
Arizona; for the Territories of Johnston
Atoll, American Samoa, Guam, and
Midway and Wake Islands; and for
Indian Country lands located in
California, and Nevada; and for the
Goshute Reservation in Utah and
Nevada, the Navajo Reservation in Utah,
New Mexico, and Arizona, the Duck
Valley Reservation in Nevada and
Idaho.
EPA Region X—for the States of
Alaska and Idaho; for Indian country
lands located in Alaska, Idaho (except
Duck Valley Reservation lands), and
Washington; and for Federal facilities in
Washington.
Most of the above the areas were
covered by the September 9, 1992 notice
of permit issuance. The September 25,
1992 notice covered only the States of
Florida (except for Indian lands which
were covered by the September 9, 1992
notice) and Massachusetts, the District
of Columbia, Guam and American
Samoa, Indian lands in New York and
Federal facilities in Delaware. The
baseline permit expires on September 9,
1997 or September 25, 1997, depending
on the area of applicability, and EPA is
not proposing to reissue the baseline
permit in those areas where the multi-
sector general permit modification will
become effective.
(Please note that Part VII.B.—
continuation of the Expired General
Permit of die 1992 baseline general
permit states that the baseline permit
expires on October 1, 1997. At this time
EPA believes the better reading is that
the permits expire on September 9, 1997
and September 25, 1997, as noted above.
(Under the Clean Water Act an NPDES
permit can only be issued for a
maximum of five years.) As described
above, the baseline permits became
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effective on either September 9, 1992, or
September 25,1992, depending on
location, and these are the dates from
which the expiration date must be
determined. Part VII.B. originally
anticipated that the baseline permit
would become effective on October 1,
1992, which it did not.)
Today, EPA is proposing to transfer
permit coverage from the baseline
general permit to the multi-sector
general permit (MSGP) which was
originally issued on September 29,1995
(60 FR 50804), and amended on
February 9, 1996 (61 FR 5248), February
20, 1996 (61 FR 6412), and September
24, 1996 (61 FR 50020). As a result,
most industrial facilities previously
permitted under the baseline permit
(except for those located in certain
excluded areas discussed below) would
therefore be required to seek storm
water permit coverage under the
modified multi-sector permit or an
individual permit.
This action is consistent with the
long-term permitting strategy for storm
water discharges associated with
industrial activity which was finalized
on April 2, 1992 (57 FR 11394). This
strategy includes the following four
permitting tiers:
Tier I—Baseline Permitting—One or
more general permits will be developed
to initially cover the majority of storm
water discharges associated with
industrial activity.
Tier II—Watershed Permitting—
Facilities within watersheds shown to
be adversely impacted by storm water
discharges associated with industrial
activity will be targeted for individual
or watershed-specific general permits.
Tier IE—Industry-Specific
Permitting—Specific industry categories
will be targeted for individual or
industry-specific general permits.
Tier IV—Facility-Specific
Permitting—A variety of factors will be
used to target specific facilities for
individual permits.
The long-term permitting strategy
begins with baseline permitting as was
done in 1992 with the baseline general
permit. However, baseline permitting
may not provide optimum water quality
benefits since the same basic permit
conditions are supplied to a wide
variety of facilities operating in different
geographic area. As such, the long-term
strategy also calls for additional
permitting over time with more specific
permit conditions developed for
facilities in Tiers II, III and IV above.
The MSGP is based on information
received as a result of the group permit
application process described at 40 CFR
122.26(c)(2). EPA received applications
from approximately 1,200 groups
representing nearly all of the categories
of industrial facilities listed in the storm
water regulations at 40 CFR
122.26(b)(14). To facilitate permit
issuance for the group applications, EPA
consolidated the groups into 29
industrial sectors, with subsectors also
included in certain sectors as
appropriate.
The group applications included
information concerning the specific
types of operations which are present at
the different types of industrial
facilities, potential sources of pollutants
from the facilities, industry-specific best
management practices (BMPs) which are
available, and monitoring data from the
different types of facilities. Using this
information, EPA was able to develop
sector-specific BMPs for the MSGP
which are better tailored to controlling
the discharges of pollutants from the
various facilities than the requirements
of the baseline permit which only
include generic BMP requirements
which are applied across a wide variety
of industries. In addition, the
monitoring requirements of the MSGP
are based on actual monitoring data
rather than best professional judgment
which is largely the case for the baseline
permit.
Given the above factors, EPA believes
that the MSGP should provide improved
water quality benefits as compared to
the baseline permit. For this reason, and
in accordance with the long-term
permitting strategy, EPA is proposing to
transfer permit coverage from the
baseline permit to the MSGP after
expiration of the baseline permit.
As discussed in Section II below, the
MSGP omitted coverage for a small
number of categories of facilities which
were authorized to discharge under the
baseline general permit. As such, EPA is
proposing to modify the coverage of the
MSGP to include these categories in
order that they may be eligible for
coverage when transferring from the
baseline permit to the MSGP. However,
if this modification does not become
effective prior to the expiration dates of
the baseline general permit, the baseline
permit can be automatically extended
under provisions of the Administrative
Procedures Act (APA). Under such an
extension, existing facilities with
coverage under the baseline permit may
retain coverage under the baseline
permit until the modified MSGP
becomes effective for them. An
extension could last anywhere from a
number of additional days, weeks, or
month. Regardless of the duration of the
extension, any facility with coverage
under the baseline that wants to retain
coverage under the extended baseline
permit, must submit a Notice of Intent
between August 1, 1997 and two days
(48 hours) prior to the date of expiration
of the baseline (on either September 9,
1997 or September 25, 1997, depending
upon location) to remain covered under
the extended baseline permit. Once the
final modified multi-sector permit is
issued, the extended baseline permit
will expire 30 days later (except for
facilities located in certain excluded
areas as discussed below) and all
facilities must than transfer to the multi-
sector permit within the time frame
allowed under the conditions of the
modified multi-sector permit, or submit
an individual permit application. For
facilities where individual permits are
required, baseline permit coverage
would be extended until final
determinations are made on the
individual permit applications.
The excluded areas where the
baseline permit will continue to apply
include the Island of American Samoa,
Federal facilities in Colorado, and
Indian Country lands located in
Colorado (including the portion of the
Ute Mountain Ute Reservation located
in New Mexico), Montana, North
Dakota, South Dakota (including the
portion of the Pine Ridge Reservation
located in Nebraska), Utah (except for
the Goshute and Navajo Reservation
lands (see Region IX)) and Wyoming.
Maintaining storm water permit
coverage under the baseline permit is
necessary since the MSGP does not
apply to facilities located in these areas,
and the Agency is not proposing to
expand the MSGP's scope of coverage to
include them through this modification.
There are also a few areas where the
baseline permit was issued but not the
MSGP, where the baseline permit is
proposed nevertheless to be terminated.
These areas as Indian Country lands in
New York, North Carolina and
Mississippi. Only a very small number
of permittees exist in these areas and
individual permits would be issued as
needed.
II. Coverage of Proposed Modified
MSGP
The proposed modified multi-sector
storm water permit will cover storm
water discharges associated with
industrial activity in most geographic
areas where EPA is the NPDES
permitting authority, described earlier
in this fact sheet. In accordance with the
long-term permitting strategy discussed
above, EPA's intent when issuing the
baseline general permit was to cover all
of the categories of industrial facilities
which may discharge storm water
associated with industrial activity as
defined at 40 CFR 122.26(b)(14). The
baseline permit does include certain
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37451
generic coverage limitations which are
also found in section I.B.3 of the MSGP.
These exclusion include discharges
such as those which may contribute to
a violation of a water quality standard,
and discharges which adversely affect
endangered species or their critical
habitat
As noted above, group applications
were not received from all of the
categories of facilities listed at 40 CFR
122.26(b)(14), and certain categories
were not included in the MSGP which
had been included in the baseline
permit. In order to cover all the types of
facilities to be transferred from the
baseline permit, EPA is proposing to
expand the coverage of die MSGP to
authorize storm waster discharges from
these additional categories of facilities.
The MSGP already autfiorizes storm
water discharges from a wide range of
industrial facilities which are
summarized below in Table 1:
TABLE 1—SECTOR/SUBSECTORS COVERED BY THE MSGP
Subsector
SIC code
Activity represented
Sector A. Timber Products
1*
2 ,
2421
2491
2411
2426
2429
243X** (except
2434)
244X
245X
2493
2499
General Sawmills and Planning Mills.
Wood Preserving.
Log Storage and Handling.
Hardwood Dimension and Flooring Mills.
Special Product Sawmills, Not Elsewhere Classified.
Millwork, Veneer, Plywood, and Structural Wood.
Wood Containers.
Wood Buildings and Mobile Homes.
Reconstituted Wood Products.
Wood Products, Not Elsewhere Classified.
Sector B. Paper and Allied Products Manufacturing
1 261X Pulp Mills.
2 262X Paper Mills.
3* 263X Paperboard Mills.
4 265X Paperboard Containers and Boxes.
5 267X Converted Paper and Paperboard Products, Except Containers and Boxes. ^^^^
Sector C. Chemical and Allied Products Manufacturing
1« 281X Industrial Inorganic Chemicals.
2* 282X Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except
Glass.
4« 284X Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations.
5 285X Paints, Varnishes, Lacquers, Enamels, and Allied Products.
6 286X Industrial Organic Chemicals.
T 287X Agricultural Chemicals.
8 289X Miscellaneous Chemical Products.
g 3952 (limited to Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood
list) or Leather Work, Paints for China Painting, Artist's Paints and Artist's Watercolors.
Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers
1* 295X Asphalt Paving and Roofing Materials.
2 299X Miscellaneous Products of Petroleum and Coal.
Sactor E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
1 I 321X Flat Glass.
322X Glass and Glassware, Pressed or Blown.
323X Glass Products Made of Purchased Glass.
2 3241 Hydraulic Cement.
3* 325X Structural Clay Products.
326X (except Pottery and Related Products.
3261)
3297 Non-Clay Refractories.
4* 327X (except Concrete, Gypsum and Plaster Products.
3274)
3295 Minerals and Earth's, Ground, or Otherwise Treated.
Sector F. Primary Metals
•j* 331X Steel Works, Blast Furnaces, and Rolling and Finishing Mills.
2' „ „ 332X Iron and Steel Foundries.
3 333X Primary Smelting and Refining of Nonferrous Metals.
4 334X Secondary Smelting and Refining of Nonferrous Metals.
S« „ 335X tolling, Drawing, and Extruding of Nonferrous Metals.
6* 336X Nonferrous Foundries (Castings).
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TABLE 1—SECTOR/SUBSECTORS COVERED BY THE MSGP—Continued
Subsector
SIC code
Activity represented
7 339X Miscellaneous Primary Metal Products.
Sector G. Metal Mining (Ore Mining and Dressing)
1 101X Iron Ores.
2* 102X Copper Ores.
3 103X Lead and Zinc Ores.
4 104X Gold and Silver Ores.
5 106X Ferroalloy Ores, Except Vanadium.
6 108X Metal Mining Services.
7 109X Miscellaneous Metal Ores.
Sector H. Coal Mines and Coal Mining-Related Facilities
NA* 12XX Coal Mines and Coal Mining-Related Facilities.
Sector I. Oil and Gas Extraction
1* 131X Crude Petroleum and Natural Gas.
2 132X Natural Gas Liquids.
3* 138X Oil and Gas Field Services.
Sector J. Mineral Mining and Dressing
1* 141X Dimension Stone.
142X Crushed and Broken Stone, Including Rip Rap.
148X Nonmetallic Minerals, Except Fuels.
2* 144X Sand and Gravel.
3 145X Clay, Ceramic, and Refractory Materials.
4 147X Chemical and Fertilizer Mineral Mining.
149X Miscellaneous Nonmetallic Minerals, Except Fuels.
Sector K. Hazardous Waste Treatment Storage or Disposal Facilities
NA* NA Hazardous Waste Treatment Storage or Disposal.
Sector L. Landfills and Land Application Sites
NA* NA Landfills and Land Application Sites.
Sector M. Automobile Salvage Yards
NA* 5015 Automobile Salvage Yards.
Sector N. Scrap Recycling Facilities
NA* 5093 Scrap Recycling Facilities.
Sector O. Steam Electric Generating Facilities
NA* NA Steam Electric Generating Facilities.
Sector P. Land Transportation
1 40XX Railroad Transportation.
2 41XX Local and Highway Passenger Transportation.
3 42XX (except Motor Freight Transportation and Warehousing.
4221^4225)
4 43XX United States Postal Service.
5 5171 Petroleum Bulk Stations and Terminals.
Sector Q. Water Transportation
NA* 44XX Water Transportation.
Sector R. Ship and Boat Building or Repairing Yards
NA 373X Ship and Boat Building or Repairing Yards.
Sector S. Air Transportation Facilities
NA* 45XX Air Transportation Facilities.
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37453
TABLE 1— SECTOR/SUBSECTORS COVERED BY THE MSGP—Continued
Subsactor
SIC code
Activity represented
Sector T. Treatment Works
NA*
MA
Treatment Works.
Sector U. Food and Kindred Product;;
1 201X
2 202X
3 203X
4* 204X
5 205X
6 206X
7« 207X
8 208X
9 209X
21XX
Meat Products.
Dairy Products.
Canned, Frozen and Preserved Fruits, Vegetables and Food
Grain Mill Products.
Bakery Products.
Sugar and Confectionery Products.
Fat and Oils.
Beverages.
Miscellaneous Food Preparations and Kindred Products.
Tobacco Products.
Specialties.
Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing
•)
2
22XX
23XX
Textile Mill Products.
Apparel and Other Finished Products Made From Fabrics and Similar Materials.
Sector W. Furniture and Fixtures
NA
25XX
2434
Furniture and Fixtures.
Wood Kitchen Cabinets.
Sector X. Printing and Publishing
NA
2732
2752
2754
2759
2796
Book Printing.
Commercial Printing, Lithographic.
Commercial Printing, Gravure.
Commercial Printing, Not Elsewhere Classified.
Platemaking and Related Services.
Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
301X
302X
305X
306X
308X
393X
394X
395X
396X
399X
Tires and Inner Tubes.
Rubber and Plastics Footwear.
Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting.
Fabricated Rubber Products, Not Elsewhere Classified.
Miscellaneous Plastics Products.
Musical Instruments.
Dolls, Toys, Games and Sporting and Athletic Goods.
Pens, Pencils, and Other Artists' Materials.
Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal.
Miscellaneous Manufacturing Industries.
Sector Z. Leather Tanning and Finishing
NA
311X
NA
Leather Tanning and Finishing.
Facilities that Make Fertilizer Solely from Leather Scraps and Leather Dust.
Sector AA. Fabricated Metal Products
3429
3441
3442
3443
3444
3451
3452
3462
3471
3494
3496
3499
391X
3479
Cutlery, Hand Tools, and General Hardware.
Fabricated Structural Metal Products.
Metal Doors; Sash, Frames Molding and Trim.
Fabricated Plate Work (Boiler Shops).
Sheet Metal Work.
Screw Machine Products.
Bolts, Nuts, Screws, Rivets, and Washers.
Metal Forglngs and Stampings.
Electroplating, Plating, Polishing, Anodizing, and Coloring.
Valves and Pipe Fittings, Not Elsewhere Classified.
Miscellaneous Fabricated Wire Products.
Miscellaneous Fabricated Metal Products.
Jewelry, Silverware, and Plated Ware.
Coating, Engraving, and Allied Services.
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TABLE 1—SECTOR/SUBSECTORS COVERED BY THE MSGP—Continued
Subsector
SIC code
Activity represented
Sector AB. Transportation Equipment, Industrial or Commercial Machinery
NA
NA
35XX (except
357)
37XX (except
357)
Industrial and Commercial Machinery (except Computer and Office Equipment).
Transportation Equipment (except Ship and Boat Building and Repairing).
Sector AC. Electronic, Electrical, Photographic and Optical Goods
NA
36XX
38XX
357
Electronic, Electrical.
Measuring, Analyzing and Controlling Instrument; Photographic and Optical Goods.
Computer and Office Equipment.
'Denotes subsector with analytical (chemical) monitoring requirements.
**X or XX denotes any number or numbers from 0 to 9 in the SIC code.
NA indicates those industry sectors in which subdivision into subsectors was determined to be not applicable.
EPA has reviewed the categories of additional facilities to be added to the MSGP and also considered the coverage
and existing requirements of the various sectors/subsectors already included in the MSGP. Based on this review, EPA
believes for each category of facility to be added, a sector/subsector of the MSGP is available with appropriate BMP
and monitoring requirements for the new categories. The new categories of facilities, and the sectors/subsectors in
which they are proposed to be added, are summarized in Table 2 below. EPA is also proposing to add a new sector
AD which will allow coverage for any regulated storm water discharge associated with industrial activity not described
by any of the other sectors.
TABLE 2.—PROPOSED PLACEMENT OF ADDITIONAL FACILITIES INTO THE MSGP
SIC code
MSGP sector/subsector
2833-2836—Medicinal chemicals and botanical products; pharma-
ceutical preparations,; invitro and invivo diagnostic substances; bio-
logical products, except diagnostic substances.
2911—Petroleum refining
3131—Boot and shoe cut stock and findings (leather soles, inner soles,
other boot and finished wood heels).
3142-3144—house slippers; men's dress, street and work shoes;
women's dress, street and work shoes.
3149—Footwear, except rubber, include athletic shoes
3151—Leather gloves and mittens
3161—Luggage and cases
3171—Women's handbags and purses, leather
3172—Personal leather goods, e.g., billfolds, key cases, coin purses,
checkbooks, etc..
3199—Leather goods, not elsewhere classified, e.g. saddlery, belts,
holsters, leather aprons.
3231—Glass products, made of purchased glass
3261—Vitreous china plumbing fixtures, and china and earthenware fit-
ting and bathroom accessories.
Subsector i (Drugs) of Sector C - Chemical and Allied Products Manu-
facturing (Subsector i added to sector C - no analytical monitoring
proposed).
Sector I—Oil and Gas Extraction.
Sector V—Textile Mills, Apparel and other Fabric Products.
Sector V—Textile Mills, Apparel and other Fabric Products.
Sector V—Textile Mills,
Sector V—Textile Mills,
Sector V—Textile Mills,
Sector V—Textile Mills,
Sector V—Textile Mills,
Apparel and
Apparel and
Apparel and
Apparel and
Apparel and
other Fabric Products.
other Fabric Products.
other Fabric Products
other Fabric Products
other Fabric Products
3274—Lime, agricultural/building lime, dolomite, lime plaster
3281—Cut stone and stone products, benches, blackboards, table
tops, pedestals, etc..
3291—Abrasive products
3292—Asbestos products, tiles, building materials, except paper, insu-
lating pipe coverings.
3296—Mineral wool, insulation
3299—Nonmetallic mineral products, not elsewhere classified, plaster
of Paris and paper-mache, etc.
4221-5—Warehousing facilities without trucking services
LF—Open dumps
Sector V—Textile Mills, Apparel and other Fabric Products
Subsector 1 (Glass Products) of Sector E - Glass, Clay, Cement, Con-
crete, and Gypsum Product Manufacturing
Subsector 3 (Structural clay products, pottery and related products and
non-clay refractories) of Sector E - Glass, Clay, Cement, Concrete
and Gypsum Product Manufacturing
Subsector 4 (Concrete, Gypsum and Plaster Products) of Sector E -
Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
Subsector 1 (Glass Products) of Sector E - Glass, Clay, Cement, Con-
crete, and Gypsum Product Manufacturing
Subsector 1 (Glass Products) of Sector E - Glass, Clay, Cement, Con-
crete, and Gypsum Product Manufacturing
Subsector 1 (Glass Products) of Sector E - Glass, Clay, Cement, Con-
crete, and Gypsum Product Manufacturing
Subsector 1 (Glass Products) of Sector E - Glass, Clay, Cement, Con-
crete, and Gypsum Product Manufacturing
Subsector 1 (Glass Products) of Sector E - Glass, Clay, Cement, Con-
crete, and Gypsum Product Manufacturing
Subsector 3 (Motor Freight Transportation and Warehousing) of Sector
P - Land Transportation
Sector L—Landfills and Land Application Sites
After permittee'transfer to the MSGP
occurs, the effluent limitations,
monitoring requirements and other
conditions of the MSGP would apply to
facilities previously covered by the
baseline general permit as appropriate.
The requirements for the new categories
of facilities which would be added to
the MSGP would be those set forth in
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37455
the MSGP for the sectors/subsectors
shown above in Table 2 Section III
below discusses the differences between
the baseline permit and the MSGP and
the requirements for transferred
facilities.
EPA will maintain NPDES permitting
authority over oil and gas exploration
and production related industries, and
pipeline operations, which are regulated
by the Oklahoma Corporation
Commission (see 61 FR 65049)
Oklahoma received NPDES program
authorization for only those discharges
covered by the authority of the
Oklahoma Department of Environmental
Quality (ODEQ)
III. Requirements for Transferred
Facilities
In today's document, EPA is making
certain clarifications and interpretations
regarding how certain conditions of the
MSGP will apply to permittees
transferring from the baseline general
permit. These interpretations and
clarifications address: (1) deadlines for
SWPPP revisions and implementation
for transferring permittees; (2) MSGP
sampling schedules and sample types
(3) the submittal of sample data (4)
applicability of certain limitations; (5)
interpretation of the expiration date of
the baseline industrial general permit;
(6) interpretations of the timeframes for
submittal of an NOI for APA extension
of the baseline general permit; (7) the
applicability of the Endangered Species
Act (ESA) and National Historic
Preservation Act (NEPA); (8) the
applicability of the co-located activities
requirements; (9) use of the NOI form,
(10) applicability of the new North
American Industry Classification
System (NAICS) (11) non-storm water
discharges; (12) releases of reportable
quantities of hazardous substances and
oil, and (13) exemptions from analytical
monitoring. These clarifications were
discussed below.
The requirements of die MSGP,
including sector-specific requirements
were described in detail in the fact sheet
accompanying the original issuance of
the MSGP (September 29,1995, 60 FR
50S04) and is incorporated by reference
into this fact sheet. All transferring
facility operators should acquire a copy
of the 1995 multi-sector general permit
and study it carefully to ensure full
compliance with all terms and
conditions. Certain important
requirements for facilides, which
transfer to the MSGP from the baseline
general permit are emphasized below.
A. Notification Requirements
To obtain coverage under the
modified MSGP, facilities which were
previously authorized to discharge
under the baseline permit must submit
a Notice of Intent (NOI) not later than
30 days after the effective date of the
MSGP modification. During diis 30 day
time period, if beyond the expiration
dates of the baseline permit, permittees
would have the opportunity to maintain
storm water discharge authorization
under the 1992 baseline general permit
if each permittee acquires extended
coverage in accordance with the
provisions of the Administrative
Procedures Act.
To maintain extended coverage under
the 1992 baseline permit after its
expiration dates (September 9,1997, or
September 25, 1997 (depending on
geographic locadon)) a permittee must
submit a new NOI requesting extended
coverage. This NOI must be postmarked
between August 1, 1997 and not later
than two days (48 hours) before
September 9,1997, or not later than two
days (48 hours) before September 25,
1997 (depending on the geographic
location). Once this is done, the baseline
permit conditions would continue to
apply during the entire time period
prior to the applicability of the modified
NSGP since the termination date of the
APA extended baseline permit would be
30 days after the effective date of the
modified MSGP. If a timely NOI for
APA extension under the baseline
general permit is filed, the requirements
of the baseline general permit would
continue to apply and coverage under
the NSGP is perfected at which time the
baseline general is terminated.
It is EPA's intent to have the effective
date of die MSGP modification be the
date of publication in the Federal
Register due to the need to provide for
permit coverage of new facilities, this
will after new facilities seeking coverage
under the modification. Existing
facilities covered by the baseline general
permit, will have 30 days to switch to
the modified MSGP. For this reason, the
termination of the baseline general
permit will be effective 30 days after the
date of publication of the MSGP
modification, consistent with the APA
and normal rules for permit effective
dates.
If for some reason the termination
date of the baseline general permit
would be after the otherwise effective
expiration date of the baseline general
permit, this approach is still permissible
EPA's proposed approach is different
from modifying an expired, as EPA is
proposing an intention not to reissue the
previous baseline general permit. If EPA
were issuing an individual permit, EPA
could always issue a "permit denial."
EPA's proposed approach is the general
permit analong to such NPSDES
permitting action and may not be taken
by EPA in all situations.
Once the multi-sector permit
modification becomes effective the
permittee must then submit a second
NOI, which would be due not later than
30 days after the effective date of the
MSGP modification to gain permit
coverage under the modified multi-
sector permit.
Under today's proposed modification,
Part II.A.9 would be added to the MSGP
which would include a 30-day period
after die effective date of die modified
MSGP for submittal of an NOI for
facilities transferring to the MSGP. The
NOI form currendy is use for the MSGP
can be found in Addendum B to the
MSGP published on September 29, 1995
(60 FR 51265). For convenience, this
form is also attached to this proposed
modification. This NOI form must also
be used to request extended coverage
under the baseline permit in accordance
with the APA. To extend coverage for
the baseline permit, the permittee must
check the box labeled "Baseline
Industrial" in item number I- Permit
Selection and submit the NOI to the NOI
Center mailing address noted below.
For a permittee currently under the
baseline general permit who's currently
eligible to voluntarily transfer to the
multi-sector permit they may do so prior
to expiration of the baseline permit.
These permittees must complete and
submit a new NOI and check the box
labeled "Multi-Sector" in item number
I- Permit Selection, of the form.
The NOI form for the MSGP differs
from the form for the original 1992
baseline permit in that new
requirements have been added to ensure
compliance the National Historic
Preservation Act (NHPA) and
Endangered Species Act (ESA). The
requirements are described in Section
II.A of die September 29, 1995 fact sheet
to the multi-sector permit and are
repeated below (as applicable to
facilities transferring permit coverage)
for convenience. These special
conditions would not be applicable to
facilities requesting extended baseline
permit coverage under the APA.
1. Historic Preservation
The NHPA prohibits Federal actions
that would affect a property that either
is listed on, or is eligible for listing on,
die National Historic Register. EPA
therefore cannot issue NPDES permits
for discharges that will affect historic
properties unless measures will be taken
such a under a written agreement
between the applicant and the State
Historic Preservation Officer (SHPO)
that outlines all measures to be
undertaken by the applicant to mitigate
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or prevent adverse effects to the historic
property. Storm water discharges may
only be covered under the MSGP if the
discharges (and BMPs to control
pollutants in the discharges) will not
affect a historic property that is listed or
is eligible to be listed in the National
Register, or the operator has obtained
and is in compliance with a written
agreement signed by the SHPO that
outlines measures to be taken to
mitigate or prevent adverse effects to the
historic site. Provided there are no other
factors limiting permit eligibility, MSGP
coverage will then be granted 48 hours
after the postmark date on the envelope
used to mail the NOI.
The NOI form for the MSGP requires
a certification by discharges that their
discharges and accompanying BMPs
will comply with the requirements of
the NHPA. Facilities being transferred
from the baseline permit which cannot
make this certification must submit
individual permit applications to the
permitting authority in accordance with
the time frames set forth above for NOI
submittal. Agency officials have notified
representatives of the ACHP of this
permit modification and the approach
being taken.
2. Endangered Species
The ESA of 1973 requires Federal
Agencies such as EPA to ensure, in
consultation with the U.S. Fish and
Wildlife Service and the National
Marine Fisheries Service (the Services),
that nay actions authorized, funded, or
carried out by the Agency (e.g., EPA
issued NPDES permits authorizing
discharges to waters of die United
States) are not likely to jeopardize the
continued existence of any Federally-
listed endangered or threatened species
or adversely modify or destroy critical
habitat of such species (see 16 U.S.C.
1536(a)(2), 50 CFR 402 and 40 CFR
122.49(c)). EPA completed a formal
consultation with the Services on the
action of issuing the MSGP on April 5,
1995. The terms and conditions of the
MSGP reflect the results of that
consultation and would not be changed
in any way, or otherwise affected, with
this proposed modification. EPA has
initiated informal consultation with the
Services on this proposed modification.
As with all facilities currently permitted
under the MSGP, these conditions apply
to all facilities to be transferred to the
MSGP form the baseline permit.
Under the MSGP, storm water
discharges that are likely to adversely
affect species identified in Addendum H
of the MSGP are not authorized permit
coverage under the MSGP. Permittees
are also not authorized permit coverage
if the BMPs they plan to construct and
operate as a part of the required storm
water pollution prevention plan
(SWPPP) are likely to adversely affect a
species identified in Addendum H.
Addendum H can be found in die
September 29, 1995 notice for the
MSGP.
To be eligible for coverage under the
MSGP, facilities which are being
transferred from the baseline permit
must review the list of species and their
locations which are contained in
Addendum H of the MSGP and which
are described in die instructions for
completing the application
requirements under diis permit. If an
applicant determines tiiat none of the
species identified in die addendum are
found in die county in which the
facility is located, dian there is no
likelihood of an adverse effect and diey
are eligible for permit coverage.
Applicants must then certify that their
discharges, and die construction of
storm water BMPs, are not likely to
adversely affect species and will be
granted MSGP permit coverage 48 hours
after die date of die postmark on die
envelope used to mail die NOI form,
provided diere are no odier factors
limiting permit eligibility.
If species identified in Addendum H
are found to be located in die same
county as die facility seeking MSGP
coverage, then die applicant must
determine whether the species are in
proximity to die storm water discharges
at die facility, or any BMPs to be
constructed to control storm water
runoff. A species is in proximity to a
storm water discharge when die species
is located in the path or down gradient
area dirough which or over which point
source storm water flows from
industrial activities to die point of
discharge into the receiving water, and
once discharged into die receiving
water, in die immediate vicinity of, or
nearby, the discharge point. A species is
also in proximity if a species is located
in die area of a site where storm water
BMPs are planned to be constructed. If
an applicant determines there are no
species in proximity to die storm water
discharge, or die BMPs to be
constructed, then there is no likelihood
of adversely affecting the species and
die applicant is eligible for permit
coverage.
If species are in proximity to the
storm water discharges or areas of BMP
construction, as long as they have been
considered as part of a previous ESA
authorization of die applicant's activity,
and die environmental baseline
established in dial audiorization is
unchanged, die applicant may be
covered under die permit. The
environmental baseline generally
includes die past and present impact of
all Federal, state and private actions diat
were occurring at die time die initial
NPDES audiorization and current ESA
section 7 action by EPA was taken.
Therefore, if a permit applicant has
received previous audiorization and
nodiing has changed or been added to
die environmental baseline established
in die previous audiorization, then
coverage under this permit will be
provided.
In die absence of such previous
audiorization, if species identified in
Addendum H are in proximity to the
discharges or construction areas for
BMPs, dien die applicant must
determine whedier there is any likely
adverse effect upon the species. This is
done by die applicant conducting a
further examination or investigation, or
an alternative procedure, as described in
the instructions in Addendum H of the
permit. If die applicant determines diat
there is no likely adverse effect upon die
species, dien die applicant is eligible for
permit coverage. If die applicant
determines diat diere likely is, or will
likely be an adverse effect, dien die
applicant is not eligible for MSGP
coverage.
All dischargers applying for coverage
under die MSGP must provide in die
application information on die Notice of
Intent form: (1) A determination as to
whedier diere are any species identified
in Addendum H in proximity to die
storm water discharges and BMP
construction areas, and (2) a
certification diat their storm water
discharges and die construction of
BMPs to control storm water are not
likely to adversely affect species
identified in Addendum H, or are
otherwise eligible for coverage due to a
previous audiorization under the ESA.
Coverage is contingent upon die
applicant's providing trudiful
information concerning certification and
abiding by any conditions imposed by
die permit.
Dischargers (including those being
transferred to die MSGP from die
baseline permit) who are not able to
determine whedier there will be any
adverse effect on species, cannot sign
the certification to gain coverage under
die MSGP and must apply to EPA for an
individual NPDES storm water permit.
The deadlines for die individual
applications are the same as those given
above for the NOIs for facilities
transferred from die baseline permit. As
appropriate, EPA will conduct ESA
section 7 consultation when issuing
such individual permits.
Regardless of die above conditions,
EPA may require diat a permittee apply
for an individual NPDES permit on die
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37457
basis of possible adverse effects on
species or critical habitats. Where there
are concerns that coverage for a
particular discharger is not sufficiently
protective of listed species, the Services
(as well as any other interested parties)
may petition EPA to require that the
discharger obtain an individual NPDES
permit and conduct an individual
section 7 consultation as appropriate.
In addition, the Assistant
Administrator for Fisheries for the
National Oceanic and Atmospheric
Administration, or his/her authorized
representative, or the U.S. Fish and
Wildlife Service (as well as any other
Interested parties) may petition EPA to
require that a permittee obtain an
Individual NPDES permit. The
permittee is also required to make the
SWPPP. annual site compliance
inspection report, or other information
available upon request to the Assistant
Administrator for Fisheries for the
National Oceanic and Atmospheric
Administration, or his/her authorized
representative, or the U.S. Fish and
Wildlife Service Regional Director, or
his/her authorized representative.
These mechanisms allow for the
broadest and most efficient coverage for
the permittee while still providing for
the most efficient protection of
endangered species. They significantly
reduce the number of dischargers that
must be considered individually and
therefore allow the Agency and the
Services to focus their resources on
those discharges that are indeed likely
to adversely affect water-dependent
listed species. Straightforward
mechanisms such as these allow
applicants more immediate access to
permit coverage, and eliminates "permit
limbo" for the greatest number of
permitted discharges. At the same time
It Is more protective of endangered
species because it allows both agencies
to focus on the real problems, and thus,
provide endangered species protection
in a more expeditious manner.
3. North American Industry
Classification System
EPA recognizes that a new North
American Industry Classification
System (NAICS) was recently adopted
by the Office of Management and
Budget (62 FR17288, April 9.1997).
NAICS replaces the 1987 standard
industrial classification (SIC) code
system for the collection of statistical
economic data. However, the use of the
new system for nonstatistical purposes
Is optional. EPA considered the use of
NAICS for the modified multi-sector
permit, but elected to retain the 1987
SIC code system since the storm water
regulations (40 CFR 122.26(b)(14))
reference the existing system and this
system has generally proven to be
adequate. EPA will address the new
NAICS system in future rulemaking.
B. Special Conditions
The MSGP includes certain special
conditions which are similar to
corresponding conditions found in the
baseline general permit. Except for the
requirements for co-located facilities
(Section III.B.3 below), permittees
which have been operating under the
baseline permit should generally be
familiar with these requirements
already.
1. Non-Storm Water Discharges
Non-storm water discharges are
generally not authorized by either the
MSGP or the baseline permit. However,
both permits do authorize a list of minor
non-storm discharges such as fire
hydrant flushings, potable water
sources, routine external building
washdown water, uncontaminated
ground water and certain other
discharges, provided the discharges are
identified in the SWPPP and
appropriate pollution prevention
measures are included for the
discharges. In addition, permittees
should also check the sector-specific
SWPPP requirements in the MSGP for
any additional requirements pertaining
to non-storm water requirements.
2. Releases of Reportable Quantities of
Hazardous Substances and Oil
The MSGP and the baseline general
permit include the same conditions
pertaining to releases of reportable
quantities of hazardous substances and
oil. Such releases must be reported to
the National Response Center and the
permitting authority, and the SWPPP
must be amended to prevent such
discharges in the future.
3. Co-Located Industrial Facilities
The MSGP includes a special
condition pertaining to co-located
facilities which was not included in the
baseline general permit (see 60 FR
50813). If an industrial plant includes
co-located facilities which fall into more
than one sector of the MSGP, then the
sector-specific SWPPP and monitoring
requirements for both sectors apply to
the industrial plant overall. The
baseline permit had required that when
an industrial plant includes facilities
which fall into more than one
monitoring category, then the facility
overall must comply with the
monitoring requirements of both
categories. However, the baseline permit
did not include sector-specific BMP
requirements. In addition, both the
baseline permit and the MSGP provide
that if monitoring for the same
parameter is required for more than one
category (or sector), then only one
sample analysis is required for that
parameter.
C. SWPPP Requirements
Both the baseline general permit and
the MSGP require that permittees
develop and implement SWPPPs to
control the discharge of pollutants in
storm water discharges. The SWPPPs
required by the baseline permit
included various generic BMPs for all
categories of facilities covered by the
permit. The following is a summary of
the requirements:
• Pollution Prevention Team—the
SWPPP must identify the individuals
who are responsible for development
and implementation of the SWPPP.
• Site Evaluation—the SWPPP must
include a map of the facility and an
assessment of the potential sources of
storm water pollution at the facility.
• Generic BMPs including good
housekeeping, preventive maintenance,
spill prevention and response, employee
training, record keeping, non-storm
water discharge evaluation, erosion
control measures and storm water
management measures as appropriate.
• Comprehensive site inspection/
compliance evaluation.
• Special requirements for Emergency
Planning and Community Right to
Know Act (EPCRA) section 313
facilities.
The baseline general permit required
that covered facilities develop their
SWPPPs no later than April 1, 1993, and
come into compliance with their
SWPPPs by October 1,1993. The MSGP
(as amended on February 9, 1996, 61 FR
5248) required that covered facilities
develop and implement their SWPPPs
by September 25, 1996. However, the
MSGP also allows up to 3 years after
permit finalization (i.e., no later than
September 29, 1998) for completion of
control measures identified in the
SWPPP which involve construction.
The SWPPP which is required by the
MSGP includes the same basic BMPs
which are found in the baseline general
permit and also sector-specific BMPs
which are unique to the types of
facilities in the various sectors. As such,
the SWPPPs which have been
developed by facilities which are
currently operating under the baseline
permit should already include the basic
requirements of the MSGP. However,
facilities which are transferred to the
MSGP from the baseline permit will
have to review the sector-specific BMP
requirements of the MSGP and, as
needed, upgrade their SWPPPs to
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comply with the requirements of the
MSGP. Appendix A to this fact sheet
summarizes the sector-specific
requirements of the MSGP, including
sector-specific SWPPP requirements,
monitoring requirements (with a
comparison to baseline permit
requirements), numeric effluent
limitations and inspection
requirements. A more detailed
description can be found in Section VIII
of the September 29, 1995 fact sheet.
1. Deadline for SWPPP Revision and
Implementation for Transferred
Facilities
EPA is proposing to add a special
deadline to the MSGP for SWPPP
revision and implementation for
transferred facilities. The proposed
modified MSGP would require SWPPP
modification and implementation
within 90 days after the effective date of
the MSGP modification. However, to
implement control measures involving
construction, transferred facilities
would have until September 29, 1998,
which is the original deadline for
implementing constructed BMPs under
the MSGP. During the time period prior
to SWPPP upgrade, the existing
requirements of the baseline permit
would apply and would be incorporated
into the MSGP.
2. Special Requirements for Facilities
Subject to EPCRA Section 313
Requirements
The MSGP includes the same special
BMP requirements for facilities subject
to the reporting requirements of section
313 of the EPCRA as are found in the
baseline general permit. Both permits
require certain additional BMPs for
facilities which are required to report
for ' 'water priority chemicals.''
However, the list of such chemicals in
the MSGP (Addendum F of the MSGP
differs somewhat from the list in the
baseline permit due to changes in
EPCRA reporting requirements which
occurred subsequent to the issuance of
the baseline permit. As such, facilities
transferring to the MSGP should check
the MSGP's list of "water priorities
chemicals" to determine whether the
special EPCRA requirements would
apply.
The baseline permit also requires that
the SWPPP for facilities subject to
EPCRA Section 313 be certified by a
professional engineer every 3 years.
However, the MSGP only requires
certification in accordance with the
regular signatory requirements of the
permit, i.e., by a responsible corporate
official.
The MSGP also provides an
exemption from the EPCRA Section 313
requirements for situations where an
operator certifies that all water priority
chemicals which are handled and/or
stored on-site are only in gaseous or
non-soluble liquid or solid forms (at
atmospheric pressure and temperature).
This exemption was not included in the
baseline permit, and some facilities may
be eligible for this exemption upon
transfer from the baseline permit to the
MSGP.
D. Monitoring and Reporting
Requirements
Both the baseline general permit and
the MSGP include analytical storm
water monitoring requirements for
certain categories of dischargers.
However, the requirements differ
somewhat with regard to the parameters
for which sampling and analysis are
required, and the industrial categories
which are affected. In addition, the
MSGP (Sector M) does not include die
provision in the baseline permit for auto
recyclers that monitoring only be
required for facilities above a certain
size. The group application monitoring
data did not support such an exemption.
Appendix A to this fact sheet
summarizes the monitoring
requirements of the MSGP, and the
differences from the baseline permit.
Additional information can be found in
the fact sheets accompanying the
issuance of the baseline permit (see 57
FR 41248) and the MSGP (see 60 FR
50822). Facilities which are transferred
to the MSGP from the baseline permit
will be required to comply with the
requirements of the MSGP. The key
differences are discussed below.
1. Sampling Schedule
The MSGP differs from the baseline
permit with regards to the schedule for
analytical monitoring. The baseline
permit had required monitoring for
certain facilities once or twice each year
during the term of the permit. The
MSGP, however, requires monitoring
quarterly, as appropriate, during years 2
and 4 of the term of the permit. For
purposes of this monitoring, year 2 runs
from October 1, 1996, through
September 30, 1997. For transferred
facilities and other dischargers
obtaining MSGP coverage after
September 30, 1997 (i.e., new
dischargers, existing unpermitted
dischargers and dischargers
transitioning industrial storm water
discharge permit coverage from an
individually drafted NPDES permit to
the MSGP), EPA is proposing that
monitoring would only be required in
year four (October 1, 1998, through
September 30, 1999) since year two will
be completed or largely completed prior
to any permit transfers.
Also, as discussed below in Section
III.E, both die baseline permit and the
MSGP autiiorize certain discharges
subject to numeric effluent limitations.
Section III.E discusses die limits, and
the sampling and reporting
requirements.
2. Sample Type
The baseline general permit requires
grab and composite sampling for most
parameters. As an alternative, die
baseline permit also provides diat one
grab sample may be taken from a
holding pond with a retention period
greater tiian 24 hours. The requirements
of the MSGP, however, have been
simplified in that only a grab sample is
required for all sectors except Sector S
(air transportation) where grab and
composite samples are required. Both
the baseline permit and MSGP require
that die grab sample be taken within die
first 30 minutes of the discharge, unless
this is impractical, in which case
sampling is required within the first
hour of discharge.
3. Quarterly Visual Examination
Requirements of die MSGP
The MSGP requires quarterly visual
examinations of storm water discharges
for all sectors except Sector S, which
covers air transportation. A full
description of the requirements for the
visual examinations is found in Section
VLE.8 of the fact sheet accompanying
the issuance of die MSGP. Basically, the
MSGP requires diat grab samples of
storm water discharges be taken and
examined visually for the presence of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen or odier obvious indicators of
storm water pollution. The grab samples
must be taken widiin die first 30
minutes after storm water discharges
begin, or as soon as practicable, but not
longer than 1 hour after discharges
begin. The sampling must be conducted
quarterly during die following time
periods: January-March, April-June,
July-September and October-December
of each year. The reports summarizing
these quarterly visual storm water
examinations must be maintained on-
site with the SWPPP.
The baseline general permit did not
include requirements for visual
examinations and facilities which are
transferred to die MSGP will have to
comply with diese additional sampling
requirements. For transferred facilities,
these sampling requirements would
begin in die first full calendar quarter of
coverage of die MSGP. EPA believes diat
this type of sampling provides an
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37459
inexpensive means for permittees to
quickly assess the effectiveness of their
SWPPPs and make any necessary
modifications to address the results of
the visual examinations.
4. Exemptions from Analytical
Monitoring
BotR the MSGP and the baseline
general permit include certain
provisions for exemptions from
analytical monitoring. Both permits
provide that facilities need not monitor
if they certify that no significant
materials or industrial activities are
exposed to storm water. For the MSGP,
however, the certification is on a
pollutant-by-pollutant basis, i.e., if there
are no exposed sources of a particular
pollutant, then monitoring for that
pollutant need not be conducted. For
the baseline permit, monitoring must be
conducted for the entire suite of
pollutants required by the permit if any
Industrial materials or activities are
exposed.
The MSGP also includes an
exemption from monitoring (again on a
pollutant-by-pollutant basis) in the
fourth year of the permit if the
monitoring results of the second year
are below certain benchmark values
which are found below in Table 3:
TABLE 3.—PARAMETER BENCHMARK
VALUES
TABLE 3.—PARAMETER BENCHMARK
VALUES—Continued
Parameter name
Biochemical Oxy-
gen Demand{5).
Demand,
Solids.
Oft and Grease . .
Nitrate+Nltrite Ni-
trogen.
Total Phosphorus
pH
Aoyfonitrite (c)
Aluminum Total
{pH 6.5-9).
Antimony, Total ..
Arsenic, Total (c)
BefyllRim Total
(c).
Butyibenzyl
Phthalate.
Cadmium, Total
(H).
Chtorlda
Copper, Total (H)
Dimethyl Phlhal-
ala,
Ethyfoenzsne .....
Fluoranthene
Fluoride
Iron Total . . ... ..
Lead, Total (H) ...
Benchmark level
30 mg/L
120 mg/L
15 mg/L
0.68 mg/L
2 0 mg/L
6.0-9.0 s.u
7 55 mg/L
0 75 mg/L
0.636 mg/L
0.16854 mg/L ...
0.01 mg/L
0.13 mg/L
3 mg/L
0.0159 mg/L
860 mg/L
0.0636 mg/L
1 0 mg/L
3.1 mg/L
0.042 mg/L
1.8 mg/L
1.0 mg/L
0.0816 mg/L
Source
4
5
7
8
7
6
4
2
1
1
9
g
10
2
3
g
1
g
11
3
3
6
12
1
Parameter name
Manganese ....
Mercury, Total
Nickel, Total (H
PCB-1016(c) .
PCB-1 221(c) .
PCB-1 232(c) .
PCB-1 242(c) .
PCB-1 248(0) .
PCB-1 254(c) .
PCB-1 260(c) .
Phenols, Total
Pyrene (PAH.c]
Selenium, Tola
(*)•
Silver, Total (H)
f
„
Trichloroethylene
(c).
Zinc, Total (H) ....
Benchmark level
1 0 mg/L
0.0024 mg/L
1.417 mg/L
0.000127 mg/L
010 mg/L
0.000318 mg/L
0.00020 mg/L ...
0.002544 mg/L
0 10 mg/L
0.000477 mg/L
1 0 mg/L
001 mg/L
0.2385 mg/L
0.0318 mg/L
10.0 mg/L
0.0027 mg/L
0.1 17 mg/L
Source
13
1
1
9
10
g
10
g
10
g
11
10
9
g
3
3
1
Sources:
1. "EPA Recommended Ambient Water
Quality Criteria." Acute Aquatic Life Fresh-
water.
2. "EPA Recommended Ambient Water
Quality Criteria." LOEL Acute Freshwater.
3. "EPA Recommended Ambient Water
Quality Criteria." Human Health Criteria for
Consumption of Water and Organisms.
4. Secondary Treatment Regulations (40
CFR133).
5. Factor of 4 times BOD5 concentration—
North Carolina benchmark.
6. North Carolina storm water benchmark
derived from NC Water Quality Standards.
7. National Urban Runoff Program (NURP)
median concentration.
8. Median concentration of Storm Water Ef-
fluent Limitation Guideline (40 CFR Part 419).
9. Minimum Level (ML) based upon highest
Method Detection Limit (MDL) times a factor
of 3.18.
10. Laboratory derived Minimum Level (ML).
11. Discharge limitations and compliance
data.
12. "EPA Recommended Ambient Water
Quality Criteria." Chronic Aquatic Life Fresh-
water.
13. Colorado—Chronic Aquatic Life Fresh-
water—Water Quality Criteria.
Notes:
(*) Limit established for oil and gas explo-
ration and production facilities only.
(c) carcinogen.
(H) hardness dependent.
(PAH) P9lynuclear Aromatic Hydrocarbon.
Assumptions:
Receiving water temperature—20 C.
Receiving water pH—7.8.
Receiving water hardness CaCOS 100
mg/L.
Receiving water salinity 20 g/kg.
Acute to Chronic Ratio (ACR) 10.
EPA believes that monitoring results
below these benchmarks indicate that a
generally effective SWPPP is being
implemented at a facility, and that
further monitoring should not be
required. The exemption also provides
an incentive for facilities to implement
an effective SWPPP, which will reduce
pollutant discharges.
The baseline permit requires
continued analytical monitoring for
certain categories of facilities
throughout the term of the permit
regardless of sampling results. For
facilities which are transferred to the
MSGP from the baseline permit, EPA is
proposing that monitoring not be
required in year 4 for particular
pollutants if the average of the two most
recent monitoring results conducted for
the baseline permit are below the
benchmarks. However, if monitoring
was not conducted for the appropriate
pollutants, then the exemption would
not be available. In addition, the
exemption would not be available if the
industrial activities at a facility have
changed such that the most recent
monitoring results do not reflect current
activities.
It should also be pointed out that the
monitoring exemption discussed above
based on the absence of exposure at a
facility is available in year 4 of the
MSGP regardless of past monitoring
results. This exemption is available for
facilities already covered by the MSGP
and those to be transferred to the MSGP
from the baseline permit. EPA believes
that the exemption provides an
incentive for facilities to eliminate
exposure of materials and activities to
storm water, thereby reducing pollutant
discharges. We should also point out,
however, that the discharges discussed
in Section III E below which are subject
to numeric effluent limitations are not
eligible for any of the exemptions from
monitoring.
5. Reporting Requirements
The baseline permit requires annual
reporting of analytical monitoring
results for those facilities subject to
semi-annual monitoring. Facilities
which are subject to annual monitoring
must retain the results on-site. The
MSGP requires that monitoring results
be submitted to the permitting authority
at the end of each year in which
sampling is required (postmarked by
March 31 of the year following the
monitoring period, e.g., by March 31,
1998, for the year two monitoring
period). The results of the quarterly
visual examinations need not be
submitted, but must be retained on-site
in the SWPPP.
E. Numeric Effluent Limitations
The MSGP includes the same numeric
effluent limitations for coal pile runoff
as are found in the baseline permit.
These limits are: (1) Maximum of 50
mg/L for total suspended solids (TSS)
and a pH range of 6-9 standard units.
Any untreated overflow from facilities
designed, constructed and operated to
treat the runoff associated with a 10-
year, 24-hour rainfall event is not
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subject to the 50 mg/L limit for TSS.
Dischargers previously covered under
the baseline permit must be compliant
with this limitation upon submittal of
the NOI for coverage under multi-sector
permit.
The baseline general permit had not
authorized any storm water discharges
subject to numeric ELGs. The MSGP,
however, does authorize certain storm
water discharges subject to ELGs
including the coal pile runoff at steam
electric power plants mentioned above,
and for the following categories:
phosphate fertilizer manufacturing (40
CFR part 418), asphalt paving and
roofing emulsions (40 CFR part 443),
and cement manufacturing materials
storage pile runoff (40 CFR part 411). In
addition, the MSGP currently authorizes
mine dewatering discharges from
construction sand and gravel, industrial
sand and crushed stone facilities (40
CFR Part 436) in Region VI and Arizona.
(As discussed below in section III.F.l,
this proposed modification to the MSGP
would expand this mine dewatering
authority to also include certain areas in
EPA Regions II and X.) These numeric
effluent limitations can be found in
Appendix A to this fact sheet.
The baseline permit requires semi-
annual monitoring (with annual
reporting) of coal pile runoff. However,
the MSGP only requires annual
monitoring for all of the discharges
subject to numeric effluent limits
(except mine dewatering discharges in
Sector J where the monitoring frequency
is quarterly). The annual monitoring
periods run from October 1 through
September 30 of each year, and
reporting is required by November 30 of
each year. The quarterly monitoring
results are due no later than the last day
of the month following the collection of
the sample.
F. Miscellaneous Proposed Permitting
Actions
In today's notice, EPA is also
proposing the following limited specific
changes to the MSGP as published on
September 29, 1995 (60 FR 50804): (1)
Authorization of mine dewatering
discharges from construction sand and
gravel, industrial sand and crushed
stone mines in non-NPDES areas of EPA
Regions II and X, (2) inclusion in Sector
A of the MSGP of the effluent limitation
guideline in 40 CFR part 429 Subpart I
for discharges resulting from spray
down of lumber and wood products in
storage yards (wet decking), (3)
clarification that Sectors X and AA
authorize discharges from all facilities
in major SIC groups 27 and 34
respectively, and (4) addition of new
sector (sector AD) to the MSGP to
authorize discharges from Phase I
facilities which may not fall into one of
the sectors of the modified MSGP, and
selected Phase II discharges which are
designated for permitting in accordance
with 40 CFR 122.26(g)(l)(i). These are
discussed below.
1. Coverage of Mine Dewatering
Discharges in EPA Regions II and X
Sector J of the final MSGP authorizes
mine dewatering discharges composed
entirely of storm water or ground water
seepage from construction sand and
gravel, industrial sand and crushed
stone mines in EPA Region VI states and
Arizona. These discharges are subject to
effluent limitations guidelines found at
40 CFR part 436, subparts B, C and D.
An individual permit or an alternative
general permit are currently necessary
for the discharges in areas other than
Region VI and Arizona. For increased
permitting flexibility, EPA is proposing
to extend this authorization to facilities
in the non-NPDES portions of the
Regions II and X. These areas include
Puerto Rico in Region II, and in Region
X the States of Idaho (except Duck
Valley Reservation lands) and Alaska,
Federal facilities in the State of
Washington, and Federal Indian
Reservations in the States of
Washington and Oregon (except Fort
McDermitt Reservation lands in
Oregon). This proposed action will
avoid the need to issue individual
NPDES permits, or an alternate general
permit for discharges in these areas.
2. Discharges Resulting From Spray
Down of Lumber and Wood Products in
Storage Yards in Sector A
The MSGP authorizes non-storm
water discharges resulting from the
spray down of lumber and wood
products in storage yards (wet decking),
provided that no chemical additives are
used in the spray and no chemicals are
applied to the wood during storage. The
MSGP, however, inadvertently omitted
the numerical effluent limitation
guideline in 40 CFR part 429, Subpart
I which applies to such discharges.
Accordingly, EPA is proposing to
modify the MSGP to incorporate the
applicable effluent limitation guideline
and appropriate monitoring
requirements for clarification.
The numerical limits which apply to
these non-storm water discharges are:
there shall be no debris discharged and
the pH shall range from 6.0 to 9.0. The
term "debris" refers to woody material
such as bark, twigs, branches,
heartwood or sapwood that does not
pass through a 2.54 cm (1.0 inch)
diameter round opening and is present
in the discharge from a wet storage
facility. EPA is proposing to include
these effluent limitations and also
include a requirement for annual
monitoring of the discharges.
3. Clarification of Coverage in Sectors X
and AA of the MSGP
Sectors X and AA of the MSGP
contain narrative descriptions of
industrial activities, SIC code major
group listings and specific four digit SIC
codes listings for which coverage would
be available. These three methods of
describing the types of industry allowed
coverage under these two sectors has
proven to be confusing and EPA is now
proposing to clarify the coverage of
these two sectors in this modification.
Sector X was intended by EPA to
cover all industry in major SIC group 27
(printing, publishing and allied
industries), and sector A A was intended
to cover all industry in major SIC group
34. EPA has been accepting NOIs from
all facilities within these two major SIC
groups, regardless of the four digit SIC
code listings, which mistakenly, have
been interpreted to be more restrictive.
Through this clarification, EPA wants to
make it clear that all qualifying
industries in these two major groups can
make use of the multi-sector storm
water general permit.
4. Addition of Sector AD to the MSGP
EPA is also proposing to add another
sector to the MSGP (Sector AD) to cover
discharges from Phase I facilities which
may not fall into one of the sectors of
the proposed modified MSGP, and to
provide a readily available means for
covering many of the Phase II storm
water facilities which are designated for
permitting prior to the permit
application deadline for Phase II sources
of August 7, 2001. As discussed earlier,
EPA is proposing to modify the MSGP
to include all facilities which were
authorized under the baseline general
permit, but excluded from the MSGP.
Although EPA believes that all such
previously excluded facilities have been
identified and included in the proposed
modified MSGP, Sector AD is also
proposed to be added to cover any
inadvertent omissions.
For Phase II storm water sources,
NPDES regulations at 40 CFR
122.26(g)(l)(i) provide that permit
applications may be required within 180
days of notice for discharges which
contribute to a violation of a water
quality standard, or are determined to
be significant sources of pollutants. For
discharges other than municipal
separate storm sewer discharges, 40 CFR
122.26(g)(2) provides that individual
permit applications may be required in
accordance with 40 CFR 122.26(c)(l), or
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37461
an NOI under a general permit may be
required. Sector AD would provide a
means through which general permit
coverage could be obtained for many
designated Phase II facilities and as
such, would facilitate implementation
of the requirements of 40 CFR
122.26(g)(l)(i). However, for cases
where Sector AD is inappropriate,
individual permits or an alternate
general permit would be required. In
addition, partl.B.S.f of the MSGP does
not authorize coverage for discharges
which may be contributing to a
violation of a water quality standard. As
such, for discharges permitted under 40
CFR 122.26(g)(l)(i). Sector AD could
only be used for discharges which are
determined to be a significant source of
pollutants.
Sector AD is proposed to be added in
part XL AD of the MSGP. The SWPPP
requirements for this sector would be
the same as in the baseline general
permit to ensure flexibility given the
broad universe of potential types of
facilities which may be covered. Also,
no analytical monitoring requirements
are proposed for the new sector;
however, quarterly visual examinations
would be required as in most other
sectors. In addition, the requirements
common to all sectors of the MSGP
which are set forth in parts I-X and XII
of the MSGP would also apply to Sector
AD.
G. Response to National Mining
Association Concerning Sector G of the
MSGP
As discussed above, the MSGP
authorizes selected storm water
discharges subject to ELGs. However,
Sector G for the ore mining industry is
not among the sectors for which the
MSGP authorizes such discharges. In
section VIII.G of the fact sheet for the
MSGP, EPA provided a table (Table G-
4) regarding the applicability of ELGs to
storm water discharges from ore mining
operations. On October 10,1995, the
National Mining Association challenged
the interpretations of the ELGs
contained in Table G-4, particularly the
broad interpretation of the term "mine
drainage" to include runoff from waste
rock and overburden (National Mining
Ass'n versus EPA, No. 95-3519 (8th
Cir.)).
During oral argument in this
litigation, EPA indicated that it would
prepare another notice regarding the
applicability of ELGs to mining
operations addressing some of the
sources of concern. Because some
mining operations may have filed NOIs
under the baseline permit based on an
Interpretation of the ELGs that differed
from the Agency interpretation
published in the MSGP, in the
upcoming EPA notice (which is
expected in July, 1997) the Agency may
provide additional information
regarding the eligibility for coverage
under the MSGP when it takes final
action. Because this notice may affect
continuing authorization from storm
water discharges from mining
operations transferring from the baseline
permit to the MSGP, affected mining
operations should consult the upcoming
notice regarding the ELGs. After
publication of (hat notice, permittees
operating under the baseline permit
should call the EPA Regional storm
water contacts listed below in section
IE. H if they have questions concerning
the clarification or the eligibility of their
discharges under the MSGP.
H. Regional Offices
Notice of Intent Address. Notices of
Intent to be authorized to discharge
under the MSGP should be sent to:
Storm Water Notice of Intent (4203),
USEPA, 401 M Street, S.W.,
Washington. DC 20460.
For further information, please call
the appropriate EPA Regional storm
water contacts listed below:
• ME, MA. NH, Federal Indian
Reservations in CT, MA. NH, ME, RI,
and Federal Facilities in VT, EPA,
Region I, Water Management Division,
(WCP). Storm Water Staff. JFK Federal
Building, Boston, MA 02203, Contact:
Thelma Hamilton (617) 565-3569.
• PR. EPA. Region II, Division of
Environmental Planning and Protection
(2DEPP-WPB) Storm Water Staff, 290
Broadway, New York, NY 10007-1866,
Contact: Sergio Bosques (212) 637-3717.
• DC and Federal Facilities in DE,
EPA. Region III, Water Protection
Division, (3WP13), Storm Water Staff,
841 Chestnut Building, Philadelphia,
PA 19107, Contact: Elaine Harbold (215)
566-5744.
• FL and Federal Indian Reservations
in FL, EPA, Region IV, Water
Management Division, Surface Water
Permits Section (SWPFB), 61 Forsyth
Street, SW., Atlanta, GA 30303-3104,
Contact: Floyd Wellborn (404) 562-
9296.
• NM and TX; Federal Indian
Reservations in LA, NM (Except Navajo
and Ute Mountain Ute Reservation
Lands), OK. and TX; and oil and gas
exploration and production related
industries, and pipeline operations,
which are regulated by the Oklahoma
Corporation Commission, EPA, Region
VI, NPDES Permits Oversight Team
(6WQ-PO), 1455 Ross Avenue, Dallas.
TX 75202-2733.
For all facilities in NM and facilities
on Indian Country lands in OK, contact
Brian Burgess (214) 665-7534.
For all facilities in TX and facilities
on Indian Country lands in LA and oil/
gas/pipeline related industries in OK
contact Lowell Seaton (214) 665-8304.
• AZ, Johnston Atoll, Guam, Midway
Island, Wake Island, all Federal Indian
Reservations in AZ, CA, and NV; those
portions of the Duck Valley, Fort
McDermitt, and Goshute Reservations
that are outside NV; those portions of
the Navajo Reservation that are outside
AZ, EPA, Region IX, Water Management
Division, (WTR-5), Storm Water Staff.
75 Hawthorne Street, San Francisco, CA
94105, Contact: Eugene Bromley (415)
744-1906.
• AK and ID; Federal Indian
Reservations in AK, ID (except the Duck
Valley Reservation), OR (except the Fort
McDermitt Reservation), and WA; and
Federal facilities in WA, EPA, Region X,
Office of Water (OW-130), Storm Water
Staff, 1200 Sixth Avenue, Seattle, WA
98101, Contact: Joe Wallace (206)
553-8399.
IV. Cost Estimates
Cost estimates for the MSGP were
included with final fact sheet
accompanying the issuance of the MSGP
on September 29,1995 and are not
being repeated here. However, costs for
the facilities being transferred to the
MSGP from the baseline permit are
expected to be lower than for those
initially applying for coverage under the
MSGP since the transferred facilities
will already have responded to some of
the requirements of the MSGP.
V. 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
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mandates, the President's priorities, or
the principles set forth in the Executive
Order.
EPA has determined that this
modified 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.
VI. Unfunded Mandates Reform Act
Section 201 of the Unfunded
Mandates Reform Act (UMRA), P.L.
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.
EPA has determined that the
proposed modification 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
proposed modification would not
significantly 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. 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.
The proposed modification 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 modified permit.
VII. Paperwork Reduction Act
EPA has reviewed the requirements
imposed on regulated facilities resulting
from the proposed permitting action
under the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 etseq. The
information collection requirements of
the MSGP have already been approved
in previous submissions made for the
NPDES permit program under the
provisions of the Clean Water Act.
VIII. Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
5 U.S.C. 601 et seq., EPA is required to
prepare a Regulatory Flexibility
Analysis to assess the impact of rules on
small entities. Under 5 U.S.C. 605(b), no
Regulatory Flexibility Analysis is
required where the head of the Agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Today's proposed permitting actions
will provide small entities the
opportunity to obtain storm water
permit coverage through the modified
general permit (i.e., the MSGP) resulting
from the group application process. The
group application information
submitted to EPA provided a basis for
the development of storm water permit
conditions tailored specifically for each
industry. The MSGP requirements have
been designed to minimize significant
administrative and economic impacts
on small entities and transfer of permit
coverage from the baseline permit to the
MSGP should not have a significant
impact on industry in general.
Moreover, the MSGP reduces a
significant burden on regulated sources
of applying for individual permits.
IX. Official Signatures
Accordingly, I hereby find pursuant to
the provisions of the Regulatory
Flexibility Act, that this proposed
permit modification 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: June 27, 1997.
John Devillars,
Regional Administrator, Region I.
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: June 30, 1997.
Jeanne M. Fox,
Regional Administrator, Region 2.
Accordingly, I hereby find pursuant to
the provisions of the Regulatory
Flexibility Act, that this proposed
permit modification will not have a
significant impact on a substantial
number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251
etseq.
Dated: June 26, 1997.
Stanley Luskowski,
Acting Regional Administrator, Region 3.
Accordingly, I hereby find pursuant to
the provisions of the Regulatory
Flexibility Act, that this proposed
permit modification will not have a
significant impact on a substantial
number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251
etseq.
Dated: July 1, 1997.
Michael V. Peyton,
Acting Regional Administrator, Region 4.
Accordingly, I hereby find pursuant to
the provisions of the Regulatory
Flexibility Act, that this proposed
permit modification will not have a
significant impact on a substantial
number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251
etseq.
Dated: July 2, 1997.
Jerry Clifford,
Acting Regional Administrator, Region 6.
Accordingly, I hereby find pursuant to
the provisions of the Regulatory
Flexibility Act, that this proposed
permit modification will not have a
significant impact on a substantial
number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251
etseq.
Dated: June 27, 1997.
Felicia Marcus,
Regional Administrator, Region 9.
Accordingly, I hereby find pursuant to
the provisions of the Regulatory
Flexibility Act, that this proposed
permit modification will not have a
significant impact on a substantial
number of small entities.
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37463
Authority: Clean Water Act, 33 USC 1251
cfseq.
Dated: June 26.1997.
Charles E. Findley,
Acting Regional Administrator, for Chuck
Clarke. Regional Administrator. RegionX.
Proposed Permit Modifications
Proposed Modification of National
Pollutant Discharge Elimination System
(NPDES) Storm Water Multi-Sector
General Permit for Industrial Activities;
Proposal To Terminate the EPA NPDES
Industrial Storm Water Baseline General
Permit
For reasons set forth in the preamble,
Parts II. IV. VI, and XI.A, C, D. E. I, J.
L, P. V. X and AA of the NPDES Storm
Water Multi-Sector General Permit
(MSGP) are proposed to be modified as
described below. A new Part XI.AD is
proposed to be added to the MSGP.
These proposed modifications and
additional requirements will become
effective on the date of Federal Register
publication of the final modifications.
Notice is also being published of
EPA's proposal to terminate the NPDES
Storm Water Baseline Industrial General
Permit 30 days after the effective date of
these MSGP modifications where the
Baseline Industrial General Permit is
extended in accordance with the
provisions of the Administrative
Procedures Act (APA).
I. NOI Submittal Deadline for Facilities
Transferring From the Baseline
Industrial General Permit
PART II—[AMENDED]
The deadline for NOI submittal for
facilities currently covered by the
Baseline Industrial General Permit that
are being transferred to the MSGP is
established by adding Part II.A.9 to the
MSGP. Also added is Part II.A.10 which
instructs facilities ineligible to transfer
to the MSGP because of Endangered
Species Act of National Historic
Preservation Act requirements to apply
for an individual NPDES permit from
the appropriate EPA Regional Office.
Part //. Notification Requirements
A. Deadlines for Notification
» » * * *
9. Facilities Being Transferred to the
Multi-Sector General Permit as a Result
of the Expiration of the Baseline
Industrial General Permit. Facilities
currently covered by the Baseline
Industrial General Permit for an existing
storm water discharge associated with
industrial activity that have not already
submitted an NOI in accordance with
Part II.A.6 to transfer coverage to the
Multi-Sector General Permit, shall do so
on or before 30 days after the effective
date of the modification of the Multi-
Sector Permit. The requirements of the
Baseline Industrial General Permit will
continue to apply to facilities
transferring permit coverage during this
time period where an extension of the
Baseline Industrial General Permit has
been acquired by the permittee in
accordance with the Administrative
Procedures Act (APA).
Where an extension of the Baseline
Industrial General Permit has been
acquired by a permittee under the
provisions of the APA, coverage under
such extended permit shall terminate in
all applicable areas 30 days after the
effective date of the modified MSGP
with the exception of facilities subject to
Part II.A.10 and for facilities located in
the following areas: the Island of
American Samoa; federal facilities in
Colorado; and Indian Country lands
located in the States of Colorado
(including the portion of the Ute
Mountain Ute Reservation located in
New Mexico), Montana, North Dakota,
South Dakota (including the portion of
the Pine Ridge Reservation located in
Nebraska), Utah (except for the Goshute
and Navajo Reservation lands (see
Region 9)), and Wyoming.
Facilities currendy permitted under
the Baseline Industrial General Permit
in these exempted areas, however, must
submit a new NOI postmarked between
August 1,1997 and not later dian two
days (48 hours) prior to September 9,
1997, or to September 25, 1997
(depending on die geographic location)
to extend permit coverage under the
Baseline Industrial General Permit.
10. Facilities Ineligible for Transfer to
the Multi-Sector General Permit From
the Baseline Industrial General Permit.
Facilities seeking storm water permit
coverage who, after attempting to
comply with all eligibility conditions of
the permit, are still ineligible for
transfer to the Multi-Sector Permit due
to Endangered Species Act
requirements, National Historic
Preservation Act requirements or other
requirements of die permit shall submit
an application for an individual NPDES
permit to die appropriate EPA Regional
Office listed in Part LA of tiiis permit.
These individual permit applications
shall be submitted no later dian 30 days
after die effective date of the modified
Multi-Sector Permit.
II. Deadlines for Storm Water Pollution
Prevention Plan Preparation and
Compliance for Facilities Transferring
From the Baseline Industrial General
Permit
PART IV—[AMENDED]
For facilities transferring to the MSGP
as a result of the expiration of the
Baseline Industrial General Permit, die
deadline for storm water pollution
prevention plan preparation and
compliance is established in the MSGP
by adding Part IV. A. 10 as follows:
Part IV. Storm Water Pollution
Prevention Plans
A. Deadlines for Plan Preparation and
Compliance
*****
10. Facilities Being Transferred From
the Baseline Industrial General Permit
to the Multi-Sector General Permit.
Facilities transferring industrial storm
water discharge coverage from the
Baseline Industrial General Permit to
the Multi-Sector General Permit shall
revise and begin implementation of
their pollution prevention plans to
address requirements under Part XI. no
later than 90 days after die date of
modification of die Multi-Sector Permit.
For cases where construction is
necessary to implement measures
required by the plan, a schedule shall be
included which provides compliance
with die plan as expeditiously as
practicable but no later than September
29,1998.
III. Modification of Monitoring and
Reporting Requirements
PART VI—[AMENDED]
Part VI is amended by adding Part
VI.D and referencing Part VI.D in Parts
VI.A and VLB as shown below. Also, die
reporting addresses have been updated
in Part VLB. 1.
Part VI. Monitoring and Reporting
Requirements
A. Monitoring Requirements
1. Limitations on Monitoring
Requirements, a. Except as required by
paragraph b., only diose facilities widi
discharges or activities identified in Part
VI.C., Part VI.D. and Part XI. are
required to conduct sampling of their
storm water discharges associated widi
industrial activity. Monitoring
requirements under Parts VI.C., VI.D.
and XI. are additive. Facilities widi
discharges or activities described in
more dian one monitoring section are
subject to all applicable monitoring
requirements from each section.
b. The Director can provide written
notice to any facility odierwise exempt
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Federal Register / Vol. 62, No. 133, Friday, July 11, 1997 / Notices
from the sampling requirements of Parts
VI.C., VI.D. and XL that it shall conduct
discharge sampling for a specific
monitoring frequency for specific
parameters.
B. Reporting: Where to Submit
1. Location. Signed copies of
discharge monitoring reports required
under Parts VI.C., VI.D., and XL,
individual permit applications, and all
other reports required herein, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office listed
below. For each outfall, one Discharge
Monitoring Report form must be
submitted per storm event sampled.
a. CT, MA, ME, NH, RI, VT, EPA,
Regional I, Office of Ecosystem
Protection, Municipal Assistance Unit,
JFK Federal Building, Boston, MA
02203.
b. PR, EPA, Region II, Division of
Environmental Planning and Protection
(2DEPP-WPB), Storm Water Staff, 290
Broadway, New York NY 10007-1866.
c. DE, DC, EPA, Region HI, Water
Protection Division (3WP30), 841
Chestnut Building, Philadelphia, PA
19107.
d. FL, EPA, Region IV, Water
Management Division, Surface Water
Permits Section (SWPFB), 61 Forsyth
St., SW, Atlanta, GA 30303-3104.
e. NM (except see Regional IX for
Navajo lands), TX, LA Indian Country
lands; OK Indian Country lands; oil an
gas exploration and production related
industries, and pipeline operations,
which are regulated by the Oklahoma
Corporation Commission, EPA, Region
VI, Enforcement and Compliance
Assurance Division (6EN-WC), EPA SW
MSGP, P.O. Box 50625, Dallas, TX
75250.
f. AZ, CA, NV, Johnson Atoll, Guam,
Midway Island, Wake Island, the
Goshute Reservation in UTandNV, the
Navajo Reservation in UT, NM, and AZ,
the Fort McDermitt Reservation in OR,
the Duck Valley Reservation in NV and
ID, EPA, Region IX, Water Management
Division (WTR-5), Storm Water Staff, 75
Hawthorne Street, San Francisco, CA
94105.
g. AK, ID (except see Region IX for
Duck Valley Reservation lands), OR
(except see Region IX for Fort McDermitt
Reservation lands), WA, EPA, Region X,
Office of Water (OW-130), Storm Water
Staff, 1200 Sixth Avenue, Seattle, WA
98101.
*****
D. Monitoring Requirements for
Dischargers Transferring Permit
Coverage to Multi-Sector General Permit
as a Result of Expiration of Baseline
Industrial General Permit, and Other
Dischargers Obtaining Multi-Sector
General Permit Coverage After
September 30,1997.
Facilities transferring permit coverage
to the Multi-Sector Permit as a result of
the expiration of the Baseline Industrial
General Permit, and other dischargers
(i.e., new dischargers; existing
dischargers formerly unpermitted under
either an individually drafted NPDES
permit or another NPDES general
permit; and, dischargers transitioning
industrial storm water discharge permit
coverage from an individually drafted
NPDES permit to the Multi-Sector
Permit) obtaining coverage after
September 30, 1997, are required to
monitor in accordance with the
applicable requirements listed in Part
XL during the 4th year of the Multi-
Sector Permit (October 1, 1998-
September 30, 1999). Submittal of
Discharge Monitoring Report Forms (or
certifications) reporting monitoring
results are to be postmarked no later
than March 31, 2000, and sent to the
appropriate EPA Regional Office listed
in Part VLB.
Facilities with discharges subject to
numeric effluent limitations that are
eligible for coverage (see Part V.B. Part
XI.A.4., Part XI.C.5., Part XI.D.4., Part
XI.E.4., PartXI.J.4., and Part XI.O.4.) are
to monitor and report as required by the
permit.
Facilities transitioning from the
Baseline Industrial General Permit to
the Multi-Sector Permit may use their
most recent monitoring data submitted
to EPA, on a parameter-by-parameter
basis, which was obtained through
Baseline Permit monitoring efforts to
compare with appropriate monitoring
cut-off concentrations in order to meet
the Multi-Sector 4th year monitoring
requirements mentioned above. This
provision is only allowable where such
data represents current industrial storm
water discharges from a facility.
Facilities with discharges subject to the
numeric effluent limitations mentioned
above cannot use previously generated
sampling data and must conduct
monitoring for the life of the Multi-
Sector Permit for those discharges.
IV. Modification of Types of Facilities
Covered by the MSGP; Inclusion of
Effluent Limitations for Wet Deck
Storage Areas; and, Addition of New
Part XI. AD
PART XI—[AMENDED]
1. Parts XI.A.4 and 5 are amended to
include technology-based effluent
limitations and monitoring
requirements for non-storm water
discharges from wet deck storage areas
as currently authorized under Part
XI.A.2.a(2)oftheMSGP.
2. Part XI.C.l is amended by adding
subsector I. which autiiorizes discharges
from facilities within SIC Code 283. The
existing Part XI.C.2 is deleted which
had not authorized discharges from SIC
code 283 facilities. The existing Part
Xl.C.l.i is renumbered as Part XI.C.2.
Also, a clarification is added in Part
XI.C.l.h that facilities with SIC code
3952 other than those listed are covered
by Part XL Y.
3. Part XLD.l.e is amended to show
the appropriate parts of the permit
which provide coverage for storm water
discharges from petroleum refineries
(Part XI.L), oil recycling facilities (Part
XI.N.), and fat and oil rendering
facilities (Part XI.U.).
4. PartXI.E.l is amended to authorize
discharges from manufacturers of the
following products: glass products made
of purchased glass (SIC code 3231);
vitreous china plumbing fixtures, and
china and earthenware fittings and
bathroom accessories (SIC code 3261),
lime (SIC code 3274), stone and stone
products (SIC code 3281); abrasive
products (SIC code 3291); asbestos
products (SIC code 3292), mineral wool
(SIC code 3296), and nonmetallic
mineral products not elsewhere
classified (SIC code 3299). Also the SIC
code exclusions in the existing Part
XI.E.1 pertaining to SIC code 3274,
3281, 3291,3292 and 3296 are deleted.
Part XI.E.5.a is modified to include
the following categories of facilities
among tiiose which must conduct
analytical monitoring: Manufacturers of
vitreous china plumbing fixtures, and
china and earthen ware fittings and
bathroom accessories (SIC code 3261)
and lime (3274). The monitoring
requirements for SIC code 3261 facilities
are found in Table E-l and the
requirements for SIC code 3274 facilities
are found in Table E-2.
5. Part XI.L 1.a. is amended to
authorize discharges from facilities in
SIC code 2911 (petroleum refineries),
except for discharges subject to effluent
limitations guidelines.
6. Part XLJ.a(l) is amended to
authorize mine dewatering discharges
composed entirely of storm water or
ground water seepage from construction
sand and gravel, industrial sand, and
crushed stone mining facilities located
in EPA Regions II and X. Similar
revisions are made to Part XI.J.4.a
(Numeric Effluent Limitations) and Part
XLJ.5.b (Monitoring and Reporting
Requirements). These discharges are
authorized in the current MSGP only for
such facilities located in EPA Region VI
and for such facilities located in
Arizona in EPA Region IX.
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37465
7. Parts XI.L.1 and 2 are amended to
authorize discharges from open dumps.
Similar language changes have been
made In Part XI.L.3,4 and 5 to include
applicability to open dumps.
8. Part XI.P.l Is amended to authorize
discharges from facilities In SIC code
4221-4225 (public warehousing and
storage) that do not have vehicle and
equipment maintenance shops and/or
equipment cleaning operations but have
areas (exclusive of access roads and rail
lines) where material handling
equipment or activities, raw materials,
intermediate products, final products,
waste materials, by-products or
Industrial machinery that are exposed to
storm water.
9. Part XI.V.I is amended to authorize
Industrial storm water discharges from
facilities in SIC code 31 (exceptSlll),
which covers manufacturers of finished
leather and artificial leather products.
10. PartXLX.l is amended to clarify
that this sector authorizes industrial
storm water discharges from all SIC 27
facilities.
11. PartXI.AA.l is amended to clarify
that this sector authorizes industrial
storm water discharges from all SIC 34
facilities.
12. Part XI.AD. is added to provide an
industrial sector for facilities which
meet the definition of storm water
associated with industrial activity (40
CFR I22.26(b)(14)) and are required by
the Director to obtain permit coverage in
accordance wldi 40 CFR 122.26(a)(l)(v)
or40CFR122.26(a)(9)and
122.26.(g)(l)(i). and can not be classified
in another industrial section of this
permit (i.e., Parts XI.A-XI.AC).
The proposed revisions of the MSGP
listed above in PART XI (AMENDED).
items 1 through 12 would appear in the
modified MSGP as shown below:
Part XL Specific Requirements for
Industrial Activities
A, Storm Water Discharges Associated
With Industrial Activity From Timber
Products Facilities
2. Special Conditions
a, Prohibition of Non-Storm Waster
Discharges
» * * * *
(2) In addition to the discharges
described in part III.A.2., the following
non-storm water discharges may be
authorized by this permit provided the
non-storm water component of die
discharge is in compliance with
paragraph XI.A.3.a(3)(g) (I) (Measures
and Controls for Non-storm Water
Discharges) and the effluent limitations
described in paragraph XI.A.4.a:
discharges from the spray down of
lumber and wood product storage yards
where no chemical additives are used in
the spray down waters and no
chemicals are applied to the wood
during storage.
*****
4. Numeric Effluent Limitations
In addition to the numeric effluent
limitations described in Part V.B, the
following limitations shall be met by
existing and new dischargers.
a. Wet Deck Storage Area Runoff.
Non-storm water discharges from areas
used for the storage of logs where
waters, without chemical additives, in
intentionally sprayed or deposited on
logs to deter decay or infestation by
insects are required to meet the
following effluent limitations: pH shall
be within the range of 6.0-9.0, and there
will be no discharge of debris.
Chemicals are not allowed to be applied
to the stored logs. The term "debris" is
defined as woody material such as bark,
twigs, branches, heartwood or sapwood
that will not pass through a 2.54 cm (1
in.) diameter round opening and is
present in the discharge from a wet deck
storage area. Dischargers subject to these
numeric limitations must be in
compliance with these limitations
through the duration of permit coverage.
5. Monitoring and Reporting
Requirements
*****
d. Compliance Monitoring
Requirements. Permittees with log
storage area spray water discharges
which are covered by this permit must
monitor the discharge for the presence
of debris and pH at least annually.
Facilities must report in accordance
with 5.d.(2) below (reporting). In
addition to the parameters listed above,
the permittee shall provide an estimate
of the total volume (in gallons) of the
discharge sampled.
(1) Sample Type. A minimum of one
grab sample shall be taken. All samples
shall be collected from the discharge
point of the wet deck storage area and
will not be taken during a storm water
event. The grab sample shall be taken
during the first 30 minutes of the
discharge. If the collection of a grab
sample during the first 30 minutes is
impracticable, a grab sample can be
taken during the first hour of the
discharge, and the discharger shall
submit with the monitoring report a
description of why a grab sample during
the first 30 minutes was impracticable.
(2) Reporting. Permittees with log
storage area spray water discharges shall
submit monitoring results, obtained
during the reporting period beginning
on the effective date of permit
modification, on Discharge Monitoring
Report Form(s) postmarked no later than
the last day of the following month after
the date of final permit modification.
Signed copies of Discharge Monitoring
Reports shall be submitted to the
Director of the NPDES program at the
address of the appropriate Regional
Office indicated in Part VLB. of this
permit. For each outfall, one signed
Discharge Monitoring Reports form shall
be submitted for each sampling event.
(3) Additional Notification, m
addition to filing copies of discharge-
monitoring reports in accordance with
paragraph (2) (above), permittees with
discharges of log storage area spray
water through a large or medium
municipal separate storm sewer system
(systems serving a population of
100,000 or more) must submit signed
copies of discharge monitoring reports
to the operator of the municipal separate
storm sewer system in accordance with
the dates provided in paragraph 5.d.(2)
(above).
C. Storm Water Discharges Associated
With Industrial Activity From Chemical
and Allied Products Manufacturing
Facilities
1. Discharges Covered Under This
Section. The requirements listed under
this section shall apply to storm water
discharges associated with industrial
activity from a facility engaged in
manufacturing the following products
and generally described by the SIC code
shown:
*****
h. Ink and paints, including china
painting enamels, India ink, drawing
ink, platinum paints for burnt wood or
leather work, paints for china painting,
artists' paints and artists' water colors
(SIC 3952, limited to those listed; for
others in SIC 3952 not listed above, see
Part XI. Y).
i. Medicinal chemicals and
pharmaceutical products, including the
grading grinding and milling of
botanicals (including SIC 283).
2. Co-located Industrial Activities.
When an industrial facility, described
by the above coverage provisions of this
section, has industrial activities being
conducted on site that meet the
description^) of industrial activities in
another section(s), that industrial
facility shall comply with any and all
applicable monitoring and pollution
prevention plan requirements of the
other section (s) in addition to all
applicable requirements in this section.
The monitoring and pollution
prevention plan terms and conditions of
this multisector permit are additive for
industrial activities being conducted at
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Federal Register / Vol. 62, No. 133, Friday, July 11, 1997 / Notices
the same industrial facility (co-located
industrial activities). The operator of the
facility shall determine which other
monitoring and pollution prevention
plan section(s) of this permit (if any) are
applicable to the facility.
*****
D. Storm Water Discharges Associated
With Industrial Activity From Asphalt
Paving Roofing Materials and Lubricant
Manufacturers
1. Discharges Covered Under This
Section
*****
e. Limitations on Coverage. The
following storm water discharges
associated with industrial activity are
not authorized by this section of the
permit:
(1) Storm water discharges from
petroleum refining facilities, including
those that manufacture asphalt or
asphalt products and that are classified
as SIC code 2911 (see Part XI.I),
(2) Storm water discharges from oil
recycling facilities (see Part XI.N), and
(3) Storm water discharges associated
with fats and oils rendering (see Part
XI.U).
E. Storm Water Discharges Associated
With Industrial Activity From Glass,
Clay, Cement, Concrete, and Gypsum
Product Manufacturing Facilities
1. Discharges Covered Under This
Section. The requirements listed under
this section shall apply to storm water
discharges from the following activities:
manufacturing flat, pressed, or blown
glass or glass containers; manufacturing
hydraulic cement; manufacturing clay
product including tile and brick;
manufacturing of pottery and porcelain
electrical supplies; manufacturing
concrete products; manufacturing
gypsum products; nonclay refractories;
and grinding or otherwise treating
minerals and earths. This section
generally includes the following types
of manufacturing operations: flat glass,
(SIC code 3211); glass containers, (SIC
code 3221); pressed and blown glass,
not elsewhere classified, (SIC code
3229); glass products made of purchased
glass (SIC code 3231) where material
handling equipment or activities, raw
materials, intermediate products, final
products, waste materials, by-products,
or industrial machinery are exposed to
storm water, hydraulic cement, (SIC
code 3241); brick and structural clay
title, (SIC code 3251); ceramic wall and
floor tile, (SIC code 3253); clay
refractories, (SIC code 3255); structural
clay products not elsewhere classified
(SIC code 3259); vitreous china
plumbing fixtures, and china and
earthen ware fittings and bathroom
accessories (SIC code 3261); vitreous
china table and kitchen articles (SIC
code 3262); fine earthenware table and
kitchen articles (SIC code 3263);
porcelain electrical supplies, (SIC code
3264); pattern products, (SIC code
3269); concrete block and brick, (SIC
code 3271); concrete products, except
block and brick (SIC code 3272); ready-
mix concrete (SIC code 3273); lime (SIC
code 3274); gypsum products, (SIC code
3275); cut stone and stone products (SIC
code 3281); abrasive products (SIC code
3291); asbestos products (SIC code
3292); minerals and earths, ground or
otherwise treated, (SIC code 3295);
mineral wool (SIC code 3296); nonclay
refractories (SIC code 3297); and
nonmetallic mineral products not
elsewhere classified (SIC code 3299).
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
October 1,1996 lasting through to
September 30, 1997 and the period
beginning October 1, 1998 lasting
through September 30, 1999, permittees
that manufacture clay products and
concrete products and gypsum products
must monitor their storm water
discharges associated with industrial
activity at least quarterly (4 times per
year during years 2 and 4) except as
provided in paragraphs 5.a.(3)
(Sampling Waiver), 5.a.(4)
(Representative Discharge), and 5.a.(5)
(Alternative Certification).
Clay product manufacturers include;
brick and structural clay the tile
manufacturers (SIC code 3251); ceramic
wall and floor tile manufacturers (SIC
code 3253), clay refractories (SIC code
3255), manufacturers of structural clay
products, not elsewhere classified (SIC
code 3259), manufacturers of vitreous
china table and kitchen articles (SIC
code 3232), manufacturers of vitreous
china plumbing fixtures, and china and
earthen ware fittings and bathroom
accessories (SIC code 3261).
manufacturers of fine earthenware table
and kitchen articles (SIC code 3263),
manufacturers of porcelain electrical
supplies (SIC code 3264), pottery
products (SIC code 3269), and non-clay
refractories (3297). Facilities with these
industrial activities must monitor for
the pollutant listed in Table E-l.
Concrete and gypsum product
manufacturers include concrete block
and brick manufacturers (SIC code
3271), concrete products manufacturers
(SIC code 3272), ready mix concrete
manufacturers (SIC 3273), lime (3274),
gypsum product manufacturers (SIC
3275), and manufacturers of mineral
and earth products (SIC 3295). Facilities
with these industrial activities must
monitor for the pollutants listed in
Table E-2.
I. Storm Water Discharges Associated
With Industrial Activity From Oil and
Gas Extraction Facilities and Petroleum
Refineries
1. Discharges Covered Under This
Section
(a) Coverage. This section of the
permit covers all existing point source
discharges of storm water associated
with industrial activity to waters of the
United States from oil and gas facilities
listed under Standard Industrial
Classification (SIC) Major Group 13
which are required to be permitted
under 40 CFR 122.26(c)(l)(iii). These
include "* * * oil and gas exploration,
production, processing, or treatment
operations, or transmission facilities
that discharge storm water
contaminated by contact with or that
has come into contact with any
overburden raw material, intermediate
products, finished products, by-
products or waste products located on
the site of such operations." Industries
in SIC Major Group 13 include the
extraction and production of crude oil,
natural gas, oil sands and shale; the
production of hydrocarbon liquids and
natural gas from coal; and associated oil
field service, supply and repair
industries. This section also covers
petroleum refineries listed under SIC
code 2911. Contaminated storm water
discharges from petroleum refining or
drilling operations that are subject to
nationally established BAT or BPT
guidelines found at 40 CFR 419 and 435
respectively are not included.
Note that areas eligible for coverage at
petroleum refineries will be very limited
because the term "contaminated
runoff," as defined under 40 CFR
419.11, includes"* * * runoff which
comes into contact with any raw
material, intermediate product, finished
product, by-product or waste product
located on petroleum refinery
property." Areas at petroleum refineries
which may be eligible for permit
coverage, provided discharges from
these areas are not co-mingled with
"contaminated runoff," include: vehicle
and equipment storage, maintenance
and refueling areas. Most areas at
refineries will not be eligible for
coverage including: raw material,
intermediate product, by-product, waste
material, chemical,' and material storage
areas; loading and unloading areas;
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37467
transmission pipelines, and, processing
areas.
*****
J, Storm Water Discharges Associated
With Industrial Activity From Mineral
Mining and Processing Facilities
1. Discharges Covered Under This
Section
*****
a. Limitations on Coverage. The
following storm water discharges
associated with industrial activity are
not authorized by this permit:
(1) Storm water discharges associated
with industrial activity which are
subject to an existing effluent limitation
guideline (40 CFR part 436). except
mine dewaterlng discharges composed
entirely of storm water or ground water
seepage from construction sand and
gravel, industrial sand, and crushed
stone mining facilities located in
Regions II, VI, X and Arizona.
*****
4. Numeric Effluent Limitations.
Except as discussed in 4a below, there
are no additional numeric effluent
limitations beyond those described in
Part V.B. of this permit.
a. Regions II, VI and X, and Arizona-
Construction Sand and Gravel;
Industrial Sand, and Crushed Stone
Mining, Mine Dewatering. Any
discharge composed entirely of storm
water or ground water seepage that
derives from mine dewatering activities
at construction sand and gravel,
industrial sand, or crushed stone mining
facilities located in Regions II, VI, and
X, and in Arizona shall not exceed a
maximum concentration for any day of
45 mg/L or an average of daily values for
30 consecutive days of 25 mg/L Total
Suspended Solids fTSS) nor the 6.0 to
9.0 range limitation for pH. The
discharge from the dewatering activity
shall not be diluted with other storm
water runoff or flows to meet this
limitation. Dischargers subject to these
numeric effluent limitations must be in
compliance with these limits upon
commencement of coverage and for the
entire term of this permit.
*****
5. Monitoring and Reporting
Requirements
*****
d. Compliance Monitoring
Requirements. Permittees with
construction sand and gravel, industrial
sand, and crushed stone mining
facilities in Regions II. VI and X, and
Arizona that have mine dewatering
discharges composed entirely of storm
water or ground water seepage which
are covered by this permit must monitor
the discharge from the dewatering
activity for the presence to TSS and pH
at least quarterly (four times per year).
Facilities must report in accordance
with 5.d(2) below (reporting). In
addition to the parameters listed above,
the permittee shall provide the date and
duration (in hours) of the storm event(s)
sampled; rainfall measurements or
estimates (in inches) of the storm event
that generated the sampled runoff, the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; and an estimate of
the total volume (in gallons) of the
discharge sampled.
L. Storm Water Discharges Associated
Widi Industrial Activity From Landfills,
Open Dumps, and Land Application
Sites
1. Discharges Covered Under This
Section
a. Coverage. The requirements listed
under this section shall apply to storm
water discharges associated with
industrial activity from waste disposal
at landfills, land application sites, and
open dumps that receive or have
received industrial wastes. Open dumps
are solid waste disposal units that are
not in compliance with Sate/Federal
criteria established under RCRA Subtitle
D. Landfills, land application sites, and
open dumps that have storm water
discharges from other types of industrial
activities such as vehicle maintenance,
truck washing, and/or recycling may be
subject to additional requirements
specified elsewhere in this permit.
*****
b. Limitations. Storm water discharges
associated with industrial activities
from inactive landfills, land application
sites, and open dumps occurring on
Federal lands where an operator cannot
be identified are ineligible for coverage
under this permit.
1. Special Conditions
(a) Prohibition of Non-storm Water
Discharges. In addition to the broad
non-storm water prohibition in Part
III.A of this permit, the discharge of
leachate and vehicle and equipment
washwaters to waters of the United
States or a municipal separate storm
sewer system is not authorized by this
permit. Operators with such discharges
must obtain coverage under a separate
NPDES permit (other than this permit).
2. Storm Water Pollution Prevention
Plan Requirements
b. Contents of Plan. The plan shall
include, at a minimum, the following
items:
*****
(2) Description of Potential Pollutant
Sources.
*****
(a) Drainage.
(1) A site map indicating an outline of
the portions of the drainage area of each
storm water outfall that are within the
facility boundaries, each existing
structural control measure to reduce
pollutants in storm water runoff, surface
water bodies, locations of active and
closed landfill cells or trenches,
locations of active and closed land
application areas, locations where open
dumping is occurring or has occurred,
locations of any known leachate springs
or other areas where uncontrolled
leachate may commingle with runoff,
locations of any leachate collection and
handling systems, locations where
major spills or leaks identified under
PartXI.L.3.a(2)(c) (Spills and Leaks) of
this permit have occurred, and locations
of the following activities where such
activities are exposed to precipitation:
fueling station, vehicle and equipment
maintenance and/or cleaning areas, and
waste and other significant material
loading/unloading and storage areas.
The map must indicate the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls.
*****
(e) Risk Identification and Summary
of Potential Pollutant Sources include a
narrative description of potential
pollutant sources associated with any of
the following, providing they occur at
the facility: fertilizer, herbicide and
pesticide application; earth/soil moving;
waste hauling and loading/unloading;
outdoor storage of significant materials
including daily, interim and final cover
material stockpiles as well as temporary
waste storage areas; exposure of active
and inactive landfill, land application,
or open dumping areas; uncontrolled
leachate flows; failure or leaks from
leachate collection and treatment
systems; haul roads; and vehicle
tracking of sediments. The description
shall specifically list any significant
potential sources of pollutants at the site
and for each potential source, any
pollutant or pollutant parameter (e.g.,
biochemical oxygen demand, etc.) of
concern shall be identified.
*****
(3) Measures and Controls.
*****
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(d) Inspections—Qualified facility
personnel shall be identified to inspect
designated equipment and areas of the
facility at appropriate intervals specified
in the plan.
(i) For operating landfills, open
dumps, and land application sites,
inspections shall be conducted at least
once every 7 days. Qualified personnel
shall inspect areas of landfills and open
dumps that have not yet been finally
stabilized, active land application areas,
areas used for storage of materials/
wastes that are exposed to precipitation,
stabilization and structural control
measures, leachate collection and
treatment systems, and locations where
equipment and waste trucks enter and
exit the site. Where landfill areas and
open dumps have been finally stabilized
and where land application has been
completed, or during seasonal arid
periods in arid areas (areas with an
average1 annual rainfall of 0 to 10 inches)
and semiarid areas (areas with an
average annual rainfall of 10 to 20
inches), inspections will be conducted
at least once every month. Erosion and
sediment control measures shall be
observed to ensure they are operating
correcdy.
(ii) For inactive landfills, open
dumps, and land application sites,
inspections shall be conducted at least
quarterly, and qualified personnel shall
inspect: landfill or open dump
stabilization and structural erosion
control measures and leachate
collection and treatment systems, and
all closed land application areas.
(f) Record keeping and Internal
Reporting Procedures—A description of
incidents (such as spills, or other
discharges), along with other
information describing the quality and
quantity of storm water discharges shall
be included in the plan required under
this part. Inspections and maintenance
activities shall be documented and
records of such activities shall be
incorporated into the plan. Landfill and
open dump operators shall provide for
a tracking system for the types of wastes
disposed of in each cell or trench of a
landfill or open dump. Land application
site operators shall track the types and
quantities of wastes applied in specific
areas.
*****
(h) Sediment and Erosion Control—
The plan shall identify areas which, due
to topography activities, or other factors,
have a high potential for significant soil
erosion, and identify structural,
vegetative, and/or stabilization
measures to be used to limit erosion.
Landfill and open dump operators
shall provide for temporary stabilization
of materials stockpiled for daily,
intermediate, and final cover.
Stabilization practices to consider
include, but are not limited to,
temporary seeding, mulching, and
placing geotextiles on the inactive
portions of the stockpiles.
Landfill and open dump operators
shall provide for temporary stabilization
of inactive areas of the landfill or open
dump which have an intermediate cover
but no final cover.
Landfill and open dump operators
shall provide for temporary stabilization
of any landfill or open dumping areas
which have received a final cover until
vegetation has established itself. Land
application site operators shall also
stabilize areas where waste application
has been completed until vegetation has
been established.
*****
(4) Comprehensive Site Compliance
Evaluation
*****
(a) Areas contributing to a storm water
discharge associated with industrial
activity at landfill, open dump and land
application sites shall be visually
inspected for evidence of, or the
potential for, pollutants entering the
drainage system. Measures to reduce
pollutant loadings shall be evaluated to
determine whether they are adequate
and properly implemented in
accordance with the terms of the permit
or whether additional control measures
are needed. Structural storm water
management measures, sediment and
erosion control measures, and other
structural pollution prevention
measures identified in the plan shall be
observed to ensure that they are
operating correctly. A visual inspection
of equipment needed to implement the
plan such as spill response equipment,
shall be made.
5. Monitoring and Reporting
Requirements
a. Analytical Monitoring
Requirements. During the period
October 1, 1996 lasting through to
September 30, 1997 and the period
beginning October 1, 1998 lasting
through September 30, 1999, permittees
with landfill/land application/open
dump sites must monitor their storm
water discharges associated with
industrial activity at least quarterly (4
times per year) during years 2 and 4 of
this permit except as provided in
paragraphs 5.a.(3) (Sampling Waiver),
5.a.(4) (Representative Discharge), and
5.a.(5) (Alternative Certification).
Landfill/land application/open dump
sites are required to monitor their storm
water discharges for the pollutants of
concern listed in Table L-l below.
Facilities must report in accordance
with 5.b. (Reporting). In addition to the
parameters listed in Table L-l below,
the permittee shall provide: the date and
duration (in hours) of the storm event(s)
sampled; rainfall measurements or
estimates (in inches) of the storm event
that generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; and, an estimate of
the total volume (in gallons) of the
discharge sampled.
TABLE L-1.—INDUSTRY MONITORING
REQUIREMENTS
Pollutants of concern
Total Suspended Solids (TSS) 1
Total Recoverable Iron2
Cut-off
concentra-
tion
100 mg/L
1.0ma/L
1 Applicable to all landfill, open dump, and
land application sites.
2 Applicable to all facilities except MSWLF
areas closed in accordance with 40 CFR
258.60 requirements.
(1) Monitoring Periods. Landfill/land
application/open dump sites shall
monitor samples collected during die
sampling periods of: January through
March, April through June, July through
September, and October through
December for the years specified in
paragraph 5a. (above).
*****
b. Reporting. Permittees with landfill/
land application/open dump sites shall
submit monitoring results for each
outfall associated with industrial
activity [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the monitoring period
beginning October 1, 1996 and lasting
through September 30, 1997 on
Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the month of March, 1998. Monitoring
results [or a certification in accordance
with Sections (3), (4), or (5) above]
obtained during the period beginning
October 1, 1998 and lasting through
September 30, 1999, shall be submitted
on Discharge Monitoring Report Form(s)
postmarked no later than the 31st day of
the month of March 2000. For each
outfall, one Discharge Monitoring
Report form must be submitted per
storm event sampled. Signed copies of
Discharge Monitoring Reports, or
alternative certifications, shall be
submitted to the Director of die NPDES
program at the address of the
appropriate EPA Regional Office listed
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37469
in Part VI.G. of the fact sheet for this
permit,
(1) Additional Notification. In
addition to filing copies of discharge
monitoring reports in accordance with
paragraph l.b. (above) landfill/land
application/open dump sites, with at
least one storm water discharge
associated with industrial activity
through a large or medium municipal
separate storm sewer system (systems
serving a population of 100,000 or more)
must submit signed copies of discharge
monitoring reports to the operator of the
municipal separate storm sewer system
in accordance with the dates provided
in paragraph l.b. (above).
*****
P. Storm Water Discharges Associated
With Industrial Activity From Motor
Freight Transportation Facilities,
Passenger Transportation Facilities.
Petroleum Bulk Oil Stations and
Terminals, Rail Transportation
Facilities, and United States Postal
Service Transportation Facilities
1. Discharges Covered Under This
Section. Storm water discharges from
ground transportation facilities and rail
transportation facilities (generally
identified by Standard Industrial
Classification (SIC) codes 40,41, 42.43,
and 5171), that have vehicle and
equipment maintenance shops (vehicle
and equipment rehabilitation,
mechanical repairs, painting, fueling
and lubrication) and/or equipment
cleaning operations are eligible for
coverage under this section. Also
covered under this section are facilities
found under SIC code 4221-4225
(public warehousing and storage) that
do not have vehicle and equipment
maintenance shops and/or equipment
cleaning operations but have areas
(exclusive of access roads and rail lines)
where material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products or industrial
machinery are exposed to storm water.
* * * *
V. Storm Water Discharges Associated
With Industrial Activity From Textile
Mills, Apparel and Other Fabric Product
Manufacturing Facilities, Leather and
Leather Product Manufacturing
Facilities
1. Discharges Covered Under This
Section. The requirements listed under
this section shall apply to storm water
discharges from the following activities:
Textile Mill Products, of and regarding
facilities and establishments engaged in
the preparation of fiber and subsequent
manufacturing of yarn, thread, braids,
twine, and cordage, the manufacturing
of broad woven fabrics, narrow woven
fabrics, knit fabrics, and carpets and
rugs from yarn; processes involved in
the dyeing and finishing of fibers, yarn
fabrics, and knit apparel; the integrated
manufacturing of knit apparel and other
finished articles of yarn; the
manufacturing of felt goods (wool), lace
goods, nonwoven fabrics; miscellaneous
textiles, and other apparel products
(generally described by SIC codes 22
and 23). This section also covers
facilities engaged in manufacturing
finished leather and artificial leather
products (SIC 31, except 3111).
*****
X. Storm Water Discharges Associated
With Industrial Activity From Printing
and Publishing Facilities
1. Discharges Covered Under This
Section. The requirements listed under
this section shall apply to storm water
discharges associated with industrial
activity from the following types of
facilities: newspaper, periodical, and
book publishing or publishing and
printing (SIC Codes 2711-2731); book
printing (SIC Code 2732); miscellaneous
publishing (SIC Code 2741); commercial
printing, lithographic (SIC Code 2752);
commercial printing, gravure (SIC Code
2754); commercial printing, not
elsewhere classified (SIC Code 2759);
manifold business forms, greeting cards,
bankbooks, looseleaf binders and
devices, bookbinding and related work,
and typesetting (SIC Codes 2761-2791);
and, plate making and related services
(SIC Code 2796).
*****
AA. Storm Water Discharges Associated
With Industrial Activity From
Fabricated Metal Products Industry
1. Discharges Covered Under this
Section. The requirements listed under
this section shall apply to storm water
discharges associated with industrial
activity from the fabricated metals
industry listed below, except for
electrical related industries: fabricated
metal products, except machinery and
transportation equipment, SIC 34, and
jewelry, silverware, and plated ware
(SIC Code 391).
*****
AD. Storm Water Discharges Associated
With Industrial Activity From Non-
Classified Faculties
1. Discharges Covered Under This
Section. The requirements of this
section shall apply to all storm water
discharges associated with industrial
activity from facilities that: meet the
definition of storm water associated
with industrial activity (40 CFR
122.26(b)(14), except for construction
activities as defined under 40 CFR
122.26(b)(14)(x)), can not be classified
in another industrial sector of this
permit (i.e., Parts XI.A-XI.AC), and are
not excluded from permit coverage
elsewhere in this permit; or, the Director
has designated as needing a storm water
permit under 40 122.26(g)(l)(i). Should
conditions at a facility covered by this
section change and industrial activities
in another section(s) contained in XI.A-
XI.AC apply, the facility shall comply
with any and all applicable monitoring
and pollution prevention plan
requirements of the other section (s) in
addition to those contained in this
section. The monitoring and pollution
prevention plan terms and conditions of
this permit are additive for industrial
activities being conducted at the same
industrial facility (co-located industrial
activities). The operator of the facility
shall determine which monitoring and
pollution prevention plan section(s) of
this permit (if any) are applicable to the
facility.
2. Special Conditions
a. Prohibition of Non-storm Water
Discharges. Other than as provided in
use this Section HI. A. of this permit,
non-storm water discharges are not
authorized by this permit.
3. Storm Water Pollution Prevention
Plan Requirements
a. Contents of Plan. The plan shall
include, at a minimum, the following
items:
(1) Pollution Prevention Team. Each
plan shall identify a specific individual
or individuals within the facility
organization as members of a storm
water Pollution Prevention Team that
are responsible for developing the storm
water pollution prevention plan and
assisting the facility or plant manager in
its implementation, maintenance, and
revision. The plan shall clearly identify
the responsibilities of each team
member. The activities and
responsibilities of the team shall
address all aspects of the facility's storm
water pollution prevention plan.
(2) Description of Potential Pollutant
Sources. Each plan shall provide a
description of potential sources which
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or which may
result in the discharge of pollutants
during dry weather from separate storm
sewers draining the facility. Each plan
shall identify all activities and
significant materials which may
potentially be significant pollutant
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sources. Each plan shall include, at a
minimum:
(a) Drainage.
(i) A site map indicating an outline of
the portions of the drainage area of each
storm water outfall that are within the
facility boundaries, each existing
structural control measure to reduce
pollutants in storm water runoff, surface
water bodies, locations where
significant materials are exposed to
precipitation, locations where major
spills or leaks identified under Part
XI.AD.3.a.(2)(c) (Spills and Leaks) of
this permit have occurred, and the
locations of the following activities
where such activities are exposed to
precipitation: fueling stations, vehicle
and equipment maintenance and/or
cleaning areas, loading/unloading areas,
locations used for the treatment, storage
or disposal of wastes, liquid storage
tanks, processing areas and storage
areas. The map must indicate the outfall
locations and the types of discharges
contained in the drainage areas of the
outfalls.
(ii) For each area of the facility that
generates storm water discharges
associated with industrial activity with
a reasonable potential for containing
significant amounts of pollutants, a
prediction of the direction of flow, and
an identification of the types of
pollutants which are likely to be present
in storm water discharges associated
with industrial activity. Factors to
consider include the toxicity of
chemical; quantity of chemicals used,
produced or discharged; the likelihood
of contact with storm water; and history
of significant leaks or spills of toxic or
hazardous pollutants. Flows with a
significant potential for causing erosion
shall be identified.
(b) Inventory of Exposed Materials.
An inventory of the types of materials
handled at the site that potentially may
be exposed to precipitation. Such
inventory shall include a narrative
description of significant materials that
have been handled, treated, stored or
disposed in a manner to allow exposure
to storm water between the time of 3
years prior to the date of the submission
of a Notice of Intent (NOI) to be covered
under this permit and the present;
method and location of onsite storage or
disposal; materials management
practices employed to minimize contact
of materials with storm water runoff
between the time of 3 years prior to the
date of the submission of a Notice of
Intent (NOI) to be covered under this
permit and the present; the location and
a description of existing structural and
nonstructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
(c) Spills and Leaks. A list of
significant spills and significant leaks of
toxic or hazardous pollutants that
occurred at areas that are exposed to
precipitation or that otherwise drain to
a storm water conveyance at the facility
after the date of 3 years prior to the date
of the submission of a Notice of Intent
(NOI) to be covered under this permit.
Such list shall be updated as
appropriate during the term of the
permit.
(d) Sampling Data. A summary of
existing discharge sampling data
describing pollutants in storm water
discharges from the facility, including a
summary of sampling data collected
during the term of this permit.
(e) Risk Identification and Summary
of Potential Pollutant Sources. A
narrative description of the potential
pollutant sources from the following
activities: loading and unloading
operations; outdoor storage activities;
outdoor manufacturing or processing
activities; significant dust or particulate
generating processes; and onsite waste
disposal practices. The description shall
specifically list any significant potential
source of pollutants at the site and for
each potential source, any pollutant or
pollutant parameter (e.g., biochemical
oxygen demand, etc.) of concern shall
be identified.
(3) Measures and Controls. Each
facility covered by this permit shall
develop a description of storm water
management controls appropriate for
the facility, and implement such
controls. The appropriateness and
priorities of controls in a plan shall
reflect identified potential sources of
pollutants at the facility. The
description of storm water management
controls shall address the following
minimum components, including a
schedule for implementing such
controls.
(a) Good Housekeeping. Good
housekeeping requires the maintenance
of areas which may contribute
pollutants to storm water discharges in
a clean, orderly manner.
(b) Preventive Maintenance. A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices (e.g., cleaning oil/
water separators, catch basins) as well
as inspecting and testing facility
equipment and systems to uncover
conditions that could cause breakdowns
or failures resulting in discharges of
pollutants to surface waters, and
ensuring appropriate maintenance of
such equipment and systems.
(c) Spill Prevention and Response
Procedures. Areas where potential spills
which can contribute pollutants to
storm water discharges can occur, and
their accompanying drainage points
shall be identified clearly in the storm
water pollution prevention plan. Where
appropriate, specifying material
handling procedures, storage
requriemetns, and use of equipment
such as diversion valves in the plan
should be considered. Procedures for
cleaning up spills shall be identified in
the plan and made available to the
appropriate personnel. The necessary
equipment to implement a clean up
should be available to personnel.
(d) Inspections. In addition to or as
part of the comprehensive site
evaluation required under paragraph
XI.AD.3.a.(4) of this section, qualified
facility personnel shall be identified to
inspect designated equipment and areas
of the facility at appropriate intervals
specified in the plan. A set of tracking
or follow-up procedures shall be used to
ensure that appropriate actions are
taken in response to the inspections.
Records of inspections shall be
maintained.
(e) Employee Training. Employee
training programs shall inform
personnel responsible for implementing
activities identified in the storm water
pollution prevention plan or otherwise
responsible for storm water management
at all levels of responsibility of the
components and goals of the storm
water pollution prevention plan.
Training should address topics such as
spill response, good housekeeping and
material management practices. The
pollution prevention plan shall identify
periodic dates for such training.
(f) Recordkeeping and Internal
Reporting Procedures. A description of
incidents (such as spills, or other
discharges), along with other
information describing the quality and
quantity of storm water discharges shall
be included in the plan required under
this part. Inspections and maintenance
activities shall be documented and
records of such activities shall be
incorporated into the plan.
(g) Non-storm Water Discharges.
(i) The plan shall include a
certification that the discharge has been
tested or evaluated for the presence of
non-storm water discharges. The
certification shall include the
identification of potential significant
sources of non-storm water at the site,
a description of the results of any test
and/or evaluation for the presence of
non-storm water discharges, the
evaluation criteria or testing method
used, the date of any testing and/or
evaluation, and the onsite drainage
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37471
points that were directly observed
during the test. Certifications shall be
signed in accordance with Part VII.G. of
this permit. Such certification may not
be feasible if the facility operating the
storm water discharge associated with
industrial activity does not have access
to an Outfall, manhole, or other point of
access to the ultimate conduit which
receives the discharge. In such cases,
the source identification section of die
storm water pollution prevention plan
shall indicate why the certification
required by this part was not feasible,
along with the identification of potential
significant sources of non-storm water at
the sit. A discharger tiiat is unable to
provide the certification required by this
paragraph must notify the Director in
accordance with paragraph
XI,AD.3.a.(3)(g)(iii) (below).
(ii) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (Prohibition of Non-
storm Water Discharges) of this permit
that are combined with storm water
discharges associated with industrial
activity must be identified in the plan.
The plan shall identify and ensure the
implementation of appropriate pollution
prevention measures for the non-storm
water components) of the discharge.
(Hi) Failure to Certify. Any facility
that is unable to provide the
certification required (testing for non-
storm water discharges), must notify the
Director 180 days after submitting an
NOI to be covered by this permit. If the
failure to certify is caused by the
Inability to perform adequate tests or
evaluations, such notification shall
describe: the procedure of any test
conducted for the presence of non-storm
water discharges; the results of such test
or other relevant observations; potential
sources of non-storm water discharges
to the storm sewer; and why adequate
tests for such sewers were not feasible.
Non-storm water discharges to waters of
the United states which are not
authorized by an NPDES permit are
unlawful, and must be terminated.
(h) Sediment and Erosion Control.
The plan shall identify areas which, due
to topography, activities, or other
factors, have a high potential for
significant soil erosion, and identify
structural, vegetative, and/or
stabilization measures to be used to
limit erosion.
(1) Management of Runoff. The plan
shall contain a narrative consideration
of die appropriateness of traditional
storm water management practices
(practices other than those which
control the generation or source(s) of
pollutants) used to divert, infiltrate,
reuse, or otherwise manage storm water
runoff in a manner that reduces
pollutants in storm water discharges
from the site. The plan shall provide
that measures that the permittee
determines to be reasonable and
appropriate shall be implemented and
maintained. The potential of various
sources at the facility to contribute
pollutants to storm water discharges
associated with industrial activity [see
paragraph XI.AD.3.a(2) of this section
(Description of Potential Pollutant
Sources)] shall be considered when
determining reasonable and appropriate
measures. Appropriate measures or
equivalent measures may include:
vegetative sales and practices, reuse of
collected storm water (such as for a
process or as an irrigation source), inlet
controls (such as oil/water separators),
snow management activities, infiltration
devices, and wet detention/retention
devices.
(4) Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluation
once a year. Such evaluation shall
provide:
(a) Areas contributing to a storm water
discharge associated with industrial
activity shall be visually inspected for
evidence of, or the potential for,
pollutants entering the drainage system.
Measures to reduce pollutant loadings
shall be evaluated to determine whether
they are adequate and properly
implemented in accordance with the
terms of the permit or whether
additional control measures are needed.
Structural storm water management
measures, sediment and erosion control
measures, and other structural pollution
prevention measures identified in the
plan shall be observed to ensure that
they are operating correctly. A visual
inspection of equipment needed to
implement the plan, such as spill
response equipment, shall be made.
(b) Based on the results of the
evaluation, the description of potential
pollutant sources identified in the plan
in accordance with paragraph
XI.AD.3.a.(2) of this section (Description
of Potential Pollutant Sources) and
pollution prevention measures and
controls identified in the plan in
accordance with paragraph XI.AD.3.a.(3)
of this section (Measures and Controls)
shall be revised as appropriate within 2
weeks of such evaluation and shall
provide for implementation of any
changes to the plan in a timely manner,
but in no case more than 12 weeks after
the evaluation.
(c) A report summarizing the scope of
the inspection, personnel making the
evaluation, the date(s) of the evaluation,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
XI.AD.3.a.(4)(b) (above) of the permit
shall be made and retained as part of the
storm water pollution prevention plan
for at least 3 years from the date of the
evaluation. The report shall identify any
incidents of noncompliance. Where a
report does not identify any incidents of
noncompliance, the report shall contain
a certification that the facility is in
compliance with the storm water
pollution prevention plan and this
permit. The report shall be signed in
accordance with Part VII.G. (Signatory
Requirements) of this permit.
(d) Where compliance evaluation
schedules overlap with inspections
required under 3.a.(3)(d), the
compliance evaluation may be
conducted in place of one such
inspection.
4. Numeric Effluent Limitations.
There are no additional numeric
effluent limitations beyond those
described in Part V.B of this permit.
5. Monitoring and Reporting
Requirements
(a) Monitoring Requirements.
(1) Quarterly Visual Examination of
Storm Water Quality. Facilities shall
perform and document a visual
examination of a storm water discharge
associated with industrial activity from
each outfall, except discharges
exempted below. The examination must
be made at least once in each designated
period [described in (a), below] during
daylight hours unless there is
insufficient rainfall or snow melt to
produce a runoff event.
(a) Examinations shall be conducted
in each of the following periods for the
purposes of visually inspecting storm
water quality associated with storm
water runoff or snow melt: January
through March; April tiirough June; July
through September; and October
through December.
(b) Examinations shall be made of
samples collected wirtiin the first 30
minutes (or as soon thereafter as
practical, but not to exceed one hour) of
when the runoff or snowmelt begins
discharging. The examinations shall
document observations of color, odor,
clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and
other obvious indicators of storm water
pollution. The examination must be
conducted in a well lit area. No
analytical tests are required to be
performed on the samples. All such
samples shall be collected from die
discharge resulting from a storm event
that is greater than 0.1 inches in
magnitude and that occurs at least 72
hours from the previously measurable
(greater than 0.1 inch rainfall) storm
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37472
Federal Register / Vol. 62, No. 133, Friday, July 11, 1997 / Notices
event. Whenever practicable the same
individual will cany out the collection
and examination of discharges for the
life of the permit.
(c) Visual examination reports must
be maintained onsite in the pollution
prevention plan. The report shall
include the examination date and time,
examination personnel, the nature of the
discharge (i.e., runoff or snow melt),
visual quality of the storm water
discharge (including observations of
color, odor, clarity, floating solids,
settled solids, suspended solids, foam,
oil sheen, and other obvious indicators
of storm water pollution), and probable
sources of any observed storm water
contamination.
(d) When a facility has two or more
outfalls that, based on a consideration of
industrial activity, significant materials,
and management practices and activities
within the area drained by the outfall,
the permittee reasonably believes
discharge substantially identical
effluents, the permittee may collect a
sample of effluent of one of such
outfalls and report that the observation
data also applies to the substantially
identical outfalls provided that the
permittee includes in the storm water
pollution prevention plan a description
of the location of the outfalls and
explaining in detail why the outfalls are
expected to discharge substantially
identical effluents. In addition, for each
outfall that the permittee believes is
representative, an estimate of the size of
the drainage area (in square feet) and an
estimate of the runoff coefficient of the
drainage area [e.g., low (under 40
percent), medium (40 to 65 percent), or
high (above 65 percent)] shall be
provided in the plan.
(e) When a discharger is unable to
collect samples over the course of the
monitoring period as a result of adverse
climatic conditions, the discharger must
document the reason for not performing
the visual examination and retain this
documentation onsite with the records
of the visual examination. Adverse
weather conditions which may prohibit
the collection of samples include
weather conditions that create
dangerous conditions for personnel
(such as local flooding, high winds,
hurricane, tornadoes, electrical storms,
etc.) or otherwise make the collection of
a sample impracticable (drought,
extended frozen conditions, etc.).
(f) When a discharger is unable to
conduct visual storm water
examinations at an inactive and
unstaffed site, the operator of the facility
may exercise a waiver of the monitoring
requirement as long as the facility
remains inactive and unstaffed. The
facility must maintain a certification
with the pollution prevention plan
stating that the site is inactive and
unstaffed so that performing visual
examinations during a qualifying event
is not feasible.
*****
This permit modification shall
become effective on (leave blank).
Region I
Signed this th day of
David Fierra,
Office of Ecosystem Protection Director.
Areas of coverage
Connecticut Federal Indian
Reservations.
Maine
Federal Indian Reservations
Massachusetts
Federal Indian Reservations
New Hampshire
Federal Indian Reservations
Rhode Island Federal Indian
Reservations.
Vermont Federal Indian Res-
ervations.
Vermont Federal Facilities
Region II
Signed this th day of
Permit No.
CTR05*##F
MER05*###
MER05*«F
MAR05*###
MAR05*##F
NHR05*###
NHR05*##F
RIR05*##F
VTR05*##F
VTR05*##F
Kathleen C. Callahan,
Division of Environmental Planning and
Protection Director.
Areas of coverage
Puerto Rico
Federal Facilities
Region III
Signed this . . th day o
Permit No.
PRROS*###
PRR05*##F
Alvin R. Morris,
Water Protection Division Director.
Areas of coverage
District of Columbia
Federal Facilities
Delaware Federal Facilities ....
Region IV:
Signed this th day ol
Permit No.
DCR05*###
DCR05*##F
DER05*##F
Robert F. McGhee,
Water Management Division Director.
Areas of coverage
Florida
Federal Indian Reservations ...
Permit No.
FLR05*###
FLR05*##F
William B. Hathaway,
Water Quality Protection Division Director.
Areas of coverage
Louisiana Federal Indian Res-
ervations.
New Mexico
Federal Indian Reservations
(except Navajo and Ute
Mountain Ute Reservation
lands).
Oklahoma:
Federal Indian Reservations
Oil and gas exploration and
production related indus-
tries and pipeline indus-
tries that are regulated by
the Oklahoma Corpora-
tion Commission.
Texas
Federal Indian Reservations ..
Permit No.
LAR05*##F
NMR05*###
NMR05*##F
OKR05*##F
OKR05*###
TXR05*###
TXR05*##F
Region IX
Signed this th day of
Felicia Marcus,
Regional Administrator.
Areas of coverage
Arizona
Federal Indian Reservations
Federal Facilities
California:
Federal Indian Reservations
Guam
Idaho:
Duck Valley Reservation ....
Nevada Federal Indian Res-
ervations.
New Mexico:
Navajo Reservation
Oregon:
Fort McDermitt Reservation
Utah:
Goshute Reservation
Navajo Reservation
Johnston Atoll
Federal Facilities
Midway Island and Wake Is-
land.
Federal Facilities
Permit No.
AZR05*###
AZR05*##F
AZR05*##F
CAR05*##F
GUR05*###
NVR05*##F
NVR05*##F
AZR05*##F
NVR05*##F
NVR05*##F
AZR05*##F
JAR05*###
JAR05*##F
MWR05*###
MWR05*##F
Region X
Signed this th day of
Philip G. MHlam,
Office of Water Director.
Areas of coverage
Region VI
Signed this th day of
Alaska
Alaska Federal Indian Res-
ervations.
Idaho
Federal Indian Reservations
(except Duck Valley Res-
ervation lands).
Federal facilities
Permit No.
AKR05*###
AKR05*##F
IDR05*###
IDR05*##F
IDR05*##F
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Federal Register / Vol. 62, No. 133, Friday, July 11. 1997 / Notices
37473
Areas of coverage
Oregon Federal Indian Res-
ervations (except for Fort
McDermitt Reservation
lends).
Washington Federal Indian
Reservations.
Washington Federal Facilities
Permit No.
ORR05*##F
WAR05*##F
WAR05*##F
BILLING CODE 8WO-5O-M
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37474
Federal Register / Vol. 62, No. 133, Friday. July 11, 199?, / Notices
NPDES
FORM
THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-92)
See Reverse for Instructions
Form Approved.
Appranl afta: a-3t«B
&EPA
United States Environmental Protection Agency
Washington. DO 20460
Ndtice of Intent (NOI) for Storm Water Discharges Associated with Industrial
Activity Under a NPDES General Permit
Submission of this Nonce of Intent constitutes notice that the party identified in Section II of thii form intends to be authorized by a NPDES permit
issued forstorm water discharges associated with industrial activity in the State identified in Section 111 of this form. Becoming a permittM obKoatss
such discharger to comply with the terms and conditions of the permit. ALL NECESSARY INFORMATION MUST BE PROVIDED ONI "THUS FORIvL
I. Permit Selection: You must indicate the NPDES Storni Water general permit under which you are applying for coverage. Cheek one of these
D
BaseBna
Industrial
Baseline
Construction
Multi-Sector
(Group Permit)
D
II. Facility Operator Information
Name: L- - • . > . , ,
J Phona-L l i I . , I . . . I
Address: I
Cfty; J
I — I — I — i — i — i — i — i — i
i < < < < < < i
i i i i i i
i . ,
Status of
Owner/Operator:
state:
i I I
ZIP Code:
111. Facility/Site Location
Nam*: I—i—i—i—i—i—i__u
-i—J—i—i—i—i—i—i
Address:
City:
Is the facility located on I I
Indian Lands? (Y or N) I J
i i i i
J State: I i I 2PCode:L
Latitude: I I I I I I I Longitude;! I I I I I I I Quarter: Lj_l Section:!— 1_J Township; I ... I Range:
IV. Site Activity Information
MS4 Operator Name: ' •
Receiving Water Body: I •
I
If you are filing as a co-permittee,
•nter storm water general permit number:
SIC or Designated ,
Activity Code: Primary: I i i i
2nd: I
la the facility required to submit monitoring data? (1. 2,3. or 4) | |
If You Have Another Existing NPDES
Permit, Enter Permit Number:
V. Additional Information Required for Construction Activities Only
Project Start Date: Completion Date:
Estimated Area to be
Disturbed (in Acres):
Multi-Sector Permit Applicants Only?
Based on the instructions provided in Addendum H of
the Multi-Sector permit, are species identified in
Addendum H in proximity to the storm water discharges
to be covered under this permit, or the areas of BMP
construction to control those storm water discharges?
(Y or N)
Will construction (land disturbing activities) be
conducted for storm water controls? (Y or N)
Is applicant subject to and in compliance with a
written hjsjgricpreservetion agreement? (Y or N)
D
1,1
Is the Storm Water Pollution Prevention ,—,
Plan in comp&anee with State and/or Local I
sediment and erosion plans? {Y or N) I I
VI. Certification:
The certification statement in Box 1 applies to ail applicants.
The certification statement in Box 2 applies cnl¥ to facBities applying for the Multi-Sector storm water general permit.
BOX 1
_&LL APPLICANTS:
I certify under penalty of law that this
document and all attachments were
prepared under my direction or supervision
in accordance with a system designed to
assure that qualified personnel properly
gather and evaluate the information
submitted. Based on my inquiry of the
person or persons who manage the
system, or those persons directly
responsible for gathering the information,
the information submitted is, to the best
of my knowledge and belief, true,
accurate, and complete. I am aware that
there are significant penalties for
submitting false information, including the
poss&lity of fine and imprisonment for
knowing violations.
Print Name: I—I—I—l l l l I—l—l—l
EPA Fnrm 3510-K rft.3Fn
BOX 2
MULTI-SECTOR STORM WATER GENERAL PERMIT APPLICANTS ONLY:
I certify under penalty of law that I have read and understand the Part I.E. eligibility requiromems
for coverage under the Multi-Sector storm water general permit, including those requirements
relating to tin protection of species identified in Addendum H.
To the best of my knowledge, the discharges covered under this permit, and construction of
BMPs to control storm water run-off, are not Rkely to and will not Bcely adversely affect any
species identified in Addendum H of the Multi-Sector storm water general permit or are
otherwise eligible for coverage due to previous authorization under the Endangered Spades Act.
To the best of my knowledge, I further certify that such discharges, and construction of BMPs to
control storm water run-off, do not have an effect on properties listed or eligible for Bating on the
National Register of Historic Places under the National Historic Preservation Act, or are otherwise
eligible for coverage due to a previous agreement under the National Historic Preservation Act.
I understend that continued coverage under the Multi-Sector general permit is contingent upon
maintaining eligibility as provided for in Part I.B.
. . . . , . i , . i i i i , i r , , , I Date: I . I . I . I
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r
Federal Register / Vol. 62, No. 133, Friday. July 11. 1997 / Notices
37475
Instruction* - EPA Form 3510-
Notice Of Intent (N01) for Storm Water Discharges Associated With Industrial Activity
To Be Covered Under* NPDES Oanaral Permit
Who M Bit FU* A Notice Of Intent (NOI) Form
ftotal law it 40 CFR Part 122 prohibit! point source discharges of storm water
associated with Wustrial activity to * water bodyf.es) or the U.S. without a National
PoMant Discharge Elimination System (NPDES) perm*. The operator of an Industrial
activity that ha* such a storm water discharge must submit a NOI to obtain coverage
under * NPDES Storm Water General Permit. If you have questions about whether you
n*td a penr* under Hie NPDES Storm Water program, or If you need Information as to
whether a psrtleu&r program I* administered by EPA or a state agency, telephone or
wrtte to the Notleo of Intent Processing Center at (703) 931-3230.
Where To File NO) Form
NOta must be sent to the following address:
Storm Water Notice of Intent (4203)
401 M Street. S.W.
Washington, DC 20460
Cemptating The Form
You mutt type or print, using upper-case letters, In the appropriate areas only. Please
place each character between the marks. Abbreviate if necessary to stay within the
number of characters allowed for each item. Use one space for breaks between words.
but not lor punctuation marlcs unless they are needed to clarify your response, tf you
have any question* on W* form, cal the Notice of Intent Processing Center at (703)931-
3230,
Section I PermK Selection
You rmrt Indicate the NPDES storm water general permit underwriter! you are applying
for coverage Check one box only. The Baseline Industrial and Baseline Construction
permits were Issued (n September 1992. The Multi-Sector Permit became effective
October 1,1995,
Section H Faculty Operator Information
Provide the (seal name of the parson, firm, public organization, or any other entity tha
operttesthefacwyorslte described in this application. The name of the operator may
ofmay not b« the same as the name of the teeny. The responsible party is the legal
•r.t^Biatcona-ohthefacWty-soperatlon.ramsrthantheplantorsitemanager. Donot
us« i colloquial name. Enter the complete address and telephone number of the
operator,
6nWf the appropriate letter to indicate the legal status of the operator of the facility:
F » Federal; S • State; M • Public (other than federal or state); P « Private.
SectionW FacHity/Stte Location Information
gnlar fie.fao«t/s or site's official or legal name and complete street address. Including
city slate and ZIP code. Do not provide! P.O. Box number a* the street address, a
applying for • »«e!Jne Permit and the facility of site tacks « street •«•«•.
indicate the stale and aimer me latitude and longitude of the facility to the nearest 15
second* or the quarter, section, township, and range (to the nearest quarter section) of
SvlTplfortnatecenlercftheae. K*ppIytnaforth*MulB*ectorPermltIndlcete«»
eomoM* street address ujd either the latitude and lonattude of the faculty to the
nearest 13 second* 2£ the quarter, lectton, township, and range (to the nearest
quarter section) of tne approximate center of the site.
All spptteani* must Indicate whether the facility Is located on Indian lands.
Section IV SKe Activity Information
V t» storm water discharges to a municipal separate storm sewer system (MS4). enter
the name of the operator of the MS4 (e.g., municipality name, county name) and. the
receMrQweterofthedtschargefromthe MS4. (A MS4 Is defined as a conveyance or
sytstm of conveyances Jndudlng road* with drainage systems, municipal street*, catch
baskts, curbs, gutter*, dltche*. man-made channel*, or storm drains) that is owned or
operated by a state, city, town, borough, county, parish, district, association, or other
pubic body which I* designed or used for collecting or conveying storm water.)
If Ihefacilydtehargei storm water directly to receiving water(s), enter the name of the
receiving wa!er(s).
It you are fHng as a co-permittee and a storm water general permit number ha* been
ttsued. enter that number In the space provided:
Indicate the monitoring status of The facility. Refer to the permitfor information on
mentoring requirements. Indicate the monitoring status by entering one of the following:
1 • NotsubJecttomonRoringrequlrementeundertheconditlonsofthe permit.
2 » Subject to monitoring requirements jnd.required to submit data.
3 « Subject to monitoring requirements but not required to submit date.
4 • Subject to monitoring requirements but submitting certification for monitoring
exclusion.
List, in descending order of significance, up to two 4-digit standard Industrial classification
(SIC) codes that best describe the principal products or services provided at the facility
or sle Identified in Section III of this application. If you are applying for coverage under
the construction general permit, enter "CO* (which represents SIC codes 1500 -1799).
For industrial activities defined in 40 CFR 122.26(b)(14)(l)-(xi) that do not have SIC
codes mat accurately describe the principal products produced or services provided, use
the following 2-character codes.
HZ * Hazardous waste treatment, storage, or disposal facilities, including those that
ere operating under Interim status or a permit under subtitle C of RCRA [40
CFR 122.26 (b)(14X!v)];
LF * Landfills, land application site*, and open dumps that receive or have received
any Industrial wastes, including those that are subject to regulation under subtitle
D of RCRA [40 CFR 122.26 (bX14)(v)];
SE * Steam eledric power generating facilities, including coal handling sites (40 CFR
122.26 (b)(14)(vli)];
TW » Treatment wort* treating domestic sewage or any other sewage sludgt or
wastewater treatment device or system, used in the storage, treatment,
recycling, and reclamation of municipal ordomesUo sewage [40 CFR 122.26
(b)(14)(ix)J;or,
CO « Construction activities [40 CFR 122.26 (b)(14)(x)].
If there Is another NPDES permit presently issued for the facility or site listed in Section
III, enter the permit number. If an application for the facility has been submitted but no
permit number has been assigned, entertlw application number.
Fadttet applying for coverage under the Multi-Sector storm water general permit must
anewer the tat«iree questions In Section IV. Refer to Addendum H of the Multi-Sector
general permit for a nst of specie* thatare either proposed or listed as threatened or
endangered. *BMP* mean* "Best Management Practice** that are used to control storm
water discharges.
Indicate whether any construction will be conducted to install or develop storm water
runoff controls.
Section V Additional Information Required for Construction Activities Only
Construction adVBes must oomplet* Section V in addition to Sections I through W. Only
construction activities needto complete Section V.
Enter the project start date and the estimated completion date for the entire development
plan.
Provide an estimate of the total number of acres of the site on which soil will-be disturbed
(round to the nearest acre).
Indicate whetherthe *torm water pollution prevention plan for the site is In. compliance
with 'approved state and/or local sediment and erosion plans, permits, or storm water
management plans.
Section VI Certification
Federal statute* provide for sever* penalties for submitting false information on tills
application form. Federal regulations require this application to be signed as follows:
For a corporation: by a-responslbl* corporate officer, which means: (i) president,
secretary, treasurer, orvtoe-piwldent of the corporation in charge of a principal business
function, or any other person who perform* similar policy or decision making functions,
or (11) the manager of one or more manufacturing, production, or operating facilities
employing more than 250 person* or raving gross annual sales or expenditures
exceeding $25 million (In 'second-quarter 1980 dollars), If authority to sign documents
has been assigned or delegated to the manager In accordance with corporate
procedures;
For a partners/nip or sola prapristoranfc: by a general partner or the proprietor; or
For a mt/nfc*»«fy, stole, Mini, or other puWte /acfltfy: by either a principal executive
officer or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burdan for this application i* estimated to average 0.5 hours per
application, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the date needed, and completing and reviewing the collection
of information. Send comment* regarding the burden estimate, any other aspect of the
collection of information, or suggestion* for Improving this form. Including any
suggestion* which may increase or reduce this burden to: Chief, Information Policy
Branch. 2136, U.S. Environmental Protection Agency, 401 M Street, SW. Washington,
DC 20460, or Director. Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20503.
|FR Doc. 97-18079 Filed 7-10-97; 8:45 am]
BILLJNO CODE 6SW-50-C
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