United States    .                     September
              Environmental Protection     N-JJb             f
              Agency
&EPA      Storm Water General
              Permits Briefing
                                            833E93001
                                            Recyded/Rocydable
                                            Printed on paper that contains
                                            at toast 50% recycled fiber

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STORM WATER GENERAL PERMITS
              BRIEFING
           PRESS PACKAGE
           September 3, 1992
                            Recycled/Recyclable
                            Printed on paper that contai
                            at least 50% recycled fiber
f> X^ Printed on paper that contains

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                      STORM WATER GENERAL PERMITS PRESS PACKAGE






1.      Raindrop Report                                          1




2.      National Water Quality Inventory                           7




3.      Types of Facilities Covered by General Permits               10




4.      Technical Guidance                                        11




5.      Monitoring Requirements                                  12




6.      Notice Of Intent                                          16




7.      Construction Pollution Prevention Plan                      17




8.      Industrial Pollution Prevention Plan                         19




9.      SARA Title III, Section 313 Special Requirements            21




10.    Storm Water Litigation                                    22




11.    Rensselaerville Storm Water Phase I Study                   23




12.    Phase II Federal Register Notice                            26




13.    General Permit Summaries                                 30




14.    State General Permit Issuance Status                         35

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STORM WATER PROGRAM FACT SHEET
                                 September, 1992

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STORM WATER FACT SHEET

1972
1973
1975
1987 Amendments
to CWA
Phase I



Phase II



Where did the storm water program come from?
Federal Water Pollution Control Act requires National Pollutant Discharge Elimination
System (NPDES) permits for all point source discharges to water
EPA issues regulations requiring permits only for storm water contaminated by industrial
or commercial activity. Point source discharges of "uncontaminated" storm water are
exempt unless "significant contributors" of pollution.
Court of Appeals remands 1973 regulations holding that permits are required for all point
source discharges of storm water.
The Clean Water Act (CWA) is amended to require EPA to establish a phased program to I
address storm water discharges. ||
Prior to October 1, 1992, NPDES permits are prohibited for discharges composed I
entirely of storm water, except:
• Discharges that were issued a permit prior to February 4, 1 987
• Discharges associated with industrial activity
• Discharges from medium and large municipal separate storm sewer systems
(systems serving a population of 100,000 or more)
• Discharges designated by EPA or an NPDES State as a significant contributor of
pollutants or contributing to the violation of a water quality standard. |
Deadlines for EPA to issue permit application regulations, for dischargers to submit
applications, and EPA or NPDES States to issues permits are established. ||
Best Available Treatment (BAT) and water quality-based requirements apply 'o-perm.^ 1
for storm water discharges associated with industrial activity. ||
Permits for discharges from municipal separate storm sewer systems: (1) may be issued
on a system-wide basis; (2) must effectively prohibit non-storm water discharges; and
(3) must control pollutants to the Maximum Extent Practicable (MEP), including
compliance with water quality standards. ||
First Report to Congress: characterize Phase II Sources |j
Second Report to Congress: recommend program for controlling Phase II sources ||
Federal Register Notice: soliciting comments on who should be covered under Phase
II, in what manner, and what deadlines should apply to
such entities ||
Phase II Regulation to address Phase II sources |

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               What has EPA been doing to implement the storm water program?
 H
ij
 Promulgated final Storm Water application regulation: (1) defines a storm water discharge
 associated with industrial activity; (2) establishes group and individual NPOES permit
 application requirements; (3) defines large and medium municipal separate storm sewer
 system; and (4) establishes two-part permit application requirements for municipal systems
 (November 16, 1990).

 Storm Water Hotline responded to over 46,500 calls since the Application rule was published
 (12/90-9/92).  Responded to over 5,500 calls during month of August, 1992.

 Participated in over 80 workshops and presentations throughout the country training
 permitting authorities and educating the regulated community. Recently completed 28
 workshops on Phase I of the storm water program in the Summer of 1992, reaching over
 5,000 storm water professionals.

 Extended regulatory deadline for Part  1 of the group application from March 18, 1991 to
 September 30,  1991.

 Extended the individual permit application deadline from November 18, 1991, to October 1,
 1992.  Extended the deadline for Part 2 of the group application from May 18  1992 to
 October 1, 1992.

 Responded to 1,240 Part 1 group applications covering approximately 60,000 facilities.

 Developed and distributed a Question  and Answer Document.

 Published and distributed municipal and industrial permit application manuals in addition to
 numerous summaries, fact sheets, and workshop materials (April  1991).

 Published NPDES Storm Water Sampling Guidance Document  (July 1992).

 Published Storm Water Management for Industrial Activities: Developing Pollution Prevention
 Plans and Best Management Practices (September 1992).

 Published Storm Water Management for Construction Activities: Developing Pollution
 Prevention Plans and Best Management Practices (September  1992).

 Model group application and supplemental information published and distributed  (Summer
 1991, Summer  1992).

 Renssalaerville Institute outreach initiative  examined program.

 Proposed Storm Water Implementation Rule including draft baseline general permit (August
 16, 1991). Fourteen public hearings throughout the country to discuss general permits.

 Ninth Circuit Court  decision on scope,  deadlines, and coverage of storm water program
 (May/June, 1992)

 Finalized DMR regulation (April 1992).

 Responded to over  220 Congressional  letters, and over 250 other correspondences.

Assisted 16 States  in attaining general permit program approval.

Finalized Industrial and Construction General  Permits for use in Non-NPDES States.

Request for public comment and  development of Phase II of the storm water program.

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                                                       KEY   ISSUES
I.  Risk-based Approach

    Statute required mandatory permit-based approach for storm water discharges associated with industrial
    activity.  EPA has developed the following risk-based permitting strategy to implement statutory
    requirements:

    Tier I:   Minimum baseline general permit for most discharges

    Tier II:   Watershed permitting  - target facilities within adversely impacted watersheds for individual or
            watershed-specific permits

    Tier III:  Industry-specific permitting - industrial categories will be targeted for individual or industry-specific
            general permits

    Tier IV:  Facility-specific permitting - target individual facilities causing particularly severe impacts for
            individual permits.

II.  Defining Which Industrial Facilities are Included in the Storm Water  Program

    EPA has defined the term "storm water discharge associated with industrial activity" in a comprehensive
    manner to address over 100,000 facilities.  Storm water discharges associated with industrial activity that
    discharge through municipal separate storm sewer systems must also submit NPDES permit applications,
    including those which discharge through systems serving populations less than 100,000.  Discharges of
    storm water to a combined sewer system or to a POTW are excluded.

    Facilities with storm water discharges associated with industrial activity include:  1) facilities subject to
    storm water effluent guidelines, new source  performance standards, or toxic pollutant effluent standards;
    2) manufacturing facilities; 3) mining operations and oil and gas operations; 4) hazardous waste treatment,
    storage,  or disposal facilities; 5) landfills, land application sites and open dumps;  6} recycling facilities;
    7) steam electric power generating facilities;  8) certain transportation facilities; 9) certain sewage
    treatment plants; 10) construction activity disturbing five or more acres; and 11) other manufacturing
    facilities  where materials or activities are exposed to storm water.  Operators of industrial facilities that are
    Federally, State, or municipally owned or operated that meet the description of the facilities  listed in
    122.26(b)(14)(i)-(xi) must also submit applications

    The storm water regulation presents three permit application options for storm water discharges associated
    with industrial activity: 1) submittal of an individual application consisting of Forms 1  and 2F;
    2) participation in a group application, 3) filing of a Notice  of Intent (NOD to be covered under a general
    permit in accordance with the requirements of an issued general permit.

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                                                       KEY   ISSUES
III.  Statutory Deadlines

    The 1987 amendments to CWA established a deadline of February 4, 1990 for submission of permit
    applications for storm water discharges associated with industrial activity and discharges from large
    municipal separate storm sewer systems, and a deadline of February 4,  1992 for discharges  from medium
    municipal separate storm sewer systems. The November 16,  1990 application  rule provided certain
    deadlines for meeting the substantive requirements of that rulemaking which  extended beyond the
    statutory deadlines. In response to concerns raised by the regulated community regarding the complexity
    of the regulations and the lack of general permits, EPA extended the deadline for submitting  Part 1 of the
    group application from March 18,  1991 to September 30, 1991, and extended the deadline for submitting
    Part 2 group applications from May 18, 1991  to October 1,  1992.  EPA also  extended the deadline for
    individual permit applications from November 18, 1991  to October 1, 1992.  Deadlines for submission of
    applications for discharges from large and medium municipal separate storm sewer systems remain
    unchanged.

IV.  Water Quality  Standards

    Under the present statute, discharges associated  with industrial activity  (including municipally operated
    industrial activities) must comply with  water quality standards. The  statutory requirement that pollutants
    in discharges from municipal separate storm sewer systems  be reduced to the maximum extent practicable
    has been interpreted to require compliance with water quality standards  as well.

V.  Regulatory Approach

    In order to implement EPA's long term  permitting  strategy discussed above, the application regulations
    provide three options for obtaining permit coverage:  1)  individual applications; 2) group applications; and
    3) NOI to be covered  under a general permit.  This approach utilizes the flexibility provided by CWA in
    issuing NPDES permits.  EPA intends to cover  a majority of the storm water discharges associated with
    industrial activity under general permits initially.

VI.  Ninth Circuit Court Decision

    The Court invalidated and remanded for further proceedings two  regulatory exemptions from  the definition
    of "storm water discharges  associated  with industrial activity": (1) the exemption for construction sites
    disturbing less  than five acres of land (category x), and (2) the exemption of certain "light" manufacturing
    facilities without exposure of materials and activities to storm water. In  response to these two remands,
    the Agency intends to conduct further  rulemaking proceedings on construction activities under five acres
    and light industry without exposure as  ordered by the Court.  EPA will not require permit applications for
    construction sites disturbing less than five acres of land  and  category xi facilities without exposure until
    this further  rulemaking is completed.

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                                         FUTURE ACTIONS
General Permit Applicability
     •  Assist NPDES authorized States in developing storm water general permits
     •  Provide technical support for general permit implementation
Outreach
     •  Finalize Part 2 municipal permit application guidance
     •  Complete permit writers guidance documents
     •  Complete Reports to Congress
     •  Conduct permit writers' workshops
     •  Complete group application process; develop model permits
     •  Continue development of model mining general permit
     •  Continue targeting key professional organizations, trade associations and municipal organizations to
        develop partnerships
     •  Continue soliciting feedback on necessary training and assistance from key  organizations
     •  Assist in the development of State storm water strategies
     •  Provide technical assistance in  BMPs
     •  Solicit comments on Phase II approach
     •  Propose and finalize Phase II  regulations.

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         National Water Quality Inventory
  Rivers: Causes of Use Impairment
         Land Disposal
       Construction


       Mining
        Storm
        Sewer
                Silvicu!li!IL  Agriculture
a EPA
           CSO
           Industrial
Municipal
                     33.1% of sources
                     contributing to
                     use impairment
                     are addressed
                     under the storm
                     water program
                                        Source:
                                        305(b)
                                        Reports

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         National Water Quality Inventory
                                                  Source:
                                                  305(b)
                                                  Reports
  m*Htt*t**/*IMtltlHMMitltt»t*t*M*H*Hit*iHW
  Lakes: Causes of Use Impairment I


                         Agriculture
Land
Disposal
       Silviculture
   Construction

      Mining
         Storm
         Sewer
                            Municipal
&EPA
                  Industrial
44.3% of sources
contributing to
use impairment
are addressed
under the storm
water program

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      National Water Quality Inventory
 Estuaries: Causes of Use Impairment
      Land
      Disposal
            Silviculture
Agriculture

     Municipal
Construction
   Mining
                          Industrial
58% of sources
contributing to
use impairment
are addressed
under the storm
water program
                                    Source:
                                    305(b)
                                    Reports

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                                         FACT SHEET
                TYPES OF FACILITIES COVERED BY GENERAL PERMITS
•  Facilities subject to storm water effluent limitations guidelines, new source performance standards, or
   toxic pollutant effluent standards

•  Facilities classified as Standard Industrial Classifications 24 (except 2434)  26 (except 265 and 267) ''S
   (except 283) 29, 311, 32 (except 323), 33, 3441, 373

•  Facilities classified as Standard Industrial Classifications 10 through  14 (mineral industry)

•  Hazardous waste treatment, storage, or disposal facilities

•  Landfills, land application sites, and open dumps that receive or have received any industrial wastes

•  Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage
   yards, and automobile junkyards

•  Steam electric power generating facilities, including coal handling sites


•  Transportation facilities classified  as Standard Industrial Classifications 40  41 42 (except 4221-'>5)  43
   44, 45, and 5171                                                         '

•  Sewage treatment works with a design flow of 1.0 mgd or more, or required to have an approved
   pretreament program under 40 CFR  Part 403

•  Construction activity  including clearing, grading and excavation activities except:  operations that result
   in the disturbance of less than five acres of total land area which are not part of a larger common plan
   of development or sale

•  Facilities under Standard Industrial Classifications 20, 21, 22,  23, 2434, 25, 265, 267, 27 283 285
   30, 31 (except  311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, and 4221-25with'
   significant materials or industrial activities exposed to storm water.
                                                 10

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                                                 FACT SHEET
                                           TECHNICAL GUIDANCE
Training and Technical Assistance to Date

      •  Completed 28 workshops in 20 cities in 10 Regions attended by 5,000 storm water professionals this summer and
         will be scheduling a similar effort in early Spring 1993.

      •  Completed several training efforts for the Small Business community and with other special interest groups.

      •  Assisted over 46,000 hotline callers to date.


Available Guida.ee

      •  Storm Water Management for Industrial Activities:  Developing Pollution Prevention Plans and Best Management
         Practices  - available from GPO and NTIS

      •  Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best
         Management Practices - available from GPO and NTIS

      •  Available  from the Storm Water Hotline [(703) 821-4823]

         -  Storm Water Sampling Guidance Document
         -  Industrial Application Manual
         -  Group  Application Part Two Guidance
         -  Question and Answer Document
         -  Storm Water Program Overview
         -  Interim Report
                                                   11

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FACT SHEET

Type of
Facility
EPCRA,
Section 313
Facilities
Subject to
Reporting
Requirements
for Water
Priority
Chemicals
Primary Metal
Industries
(SIC 33)



Land Disposal
Units/
Incinerators/
BIFs






EPA FINAL GENERAL PERMIT MONITORING REQUIREMENTS
Type of
Storm Water Discharge
Storm water discharges that come into
contact with any equipment, tank,
container, or other vessel or area used
for storage of a Section 313 water
priority chemical, or located at a truck
or rail car loading or unloading area
where a Section 313 water priority
chemical is handled
AJ1 storm water discharges associated
with industrial activity



Storm water discharges from active or
inactive land disposal units without a
stabilized cover that have received any
waste from industrial facilities other
than construction sites; and storm water
discharges from incinerators and BIFs
that burn hazardous waste





Parameters
Oil and Grease, BODS, COD,
TSS, Total Kjeldahl Nitrogen,
Total Phosphorus, pH, acute
whole effluent toxicity3, any
Section 313 water priority
chemical for which the facility
reports
Oil and Grease, COD, TSS,
pH, acute whole effluent
toxicit/, Total Recoverable
Lead, Total Recoverable
Cadmium, Total Recoverable
Copper, Total Recoverable
Arsenic, Total Recoverable
Chromium, and any pollutant
limited in an effluent guideline
to which the facility is subject
Total Recoverable Magnesium,
Magnesium (dissolved). Total
Kjeldahl Nitrogen, COD, TDS,
TOC, Oil and Grease, pH,
Total Recoverable Arsenic,
Total Recoverable Barium,
Total Recoverable Cadmium,
Total Recoverable Chromium,
Total Cyanide, Total
Recoverable Lead, Total
Mercury, Total Recoverable
Selenium, Total Recoverable
Silver, acute whole effluent
toxicity3
Monitoring
Frequency
Semi-
annual
Semi-
annual



Semi-
annual






Reporting
Frequency
Annual
.Annual



Annual






    'A discharger is not subject to the monitoring requirements provided the discharger makes a certification for
a given outfall, on an annual basis,  under penalty of law, that material handling equipment or activities,  raw
materials, intermediate products, final products, waste materials, by-products, industrial machinery or operations,
significant materials from past industrial activities, or,  in the case of airports, deicing activities, that are located in
areas of the facility that are within the drainage area of the outfall are not presently exposed to storm water and will
not be exposed to storm water for the certification period.

    !A discharger may, in lieu of monitoring for acute whole effluent toxicity, monitor  for pollutants identified in
Tables II and III of Appendix D of 40 CFR Part 122 that the discharger knows or has reason to believe are present
at the facility site.  Such determinations are to be based on reasonable best efforts to identify significant quantities
of materials or chemical present at the facility.
                                                   12

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FACT SHEET
EPA FINAL GENERAL PERMIT MONITORING REQUIREMENTS
Type of
Facility
Wood
Treatment
Facilities









Industrial
Facilities with
Coal Piles

Battery
Reclaimers



Airports
(with over
50,000 flight
operations per
year)
Coal-fired
Steam Electric
Facilities

Type of
Storm Water Discharge
Storm water discharges from areas that
are used for wood treatment, wood
surface application or storage of treated
or surface protected wood
Facilities that use chlorophenolic
formulations
Facilities that use creosote formulations

Facilities that use chromium-arsenic
formulations


Storm water discharges from coal pile
runoff


Storm water discharges from areas for
storage of lead acid battenes,
reclamation products, or waste
products, and areas used for lead acid
battery reclamation
Storm water discharges from aircraft or
airport deicing areas



Storm water discharges from coal
handling sites (other than runoff from
coal piles which is not eligible for
coverage under this permit)

Parameters
Oil and Grease, pH, COD,
TSS


Plus Pentachlorophenol and
acute whole effluent toxicity*
Plus acute whole effluent
toxicity^
Plus Total Recoverable
Arsenic, Total Recoverable
Chromium, Total Recoverable
Copper
Oil and Grease, pH. TSS,
Total Recoverable Copper,
Total Recoverable Nickel,
Total Recoverable Zinc
Oil and Grease, COD, TSS,
pH, Total Recoverable Copper,
Total Recoverable Lead


Oil and Grease, BODS, COD,
TSS, pH, and the primary
ingredient used in the deicing
materials

Oil and Grease, pH, TSS,
Total Recoverable Copper,
Total Recoverable Nickel,
Total Recoverable Zinc
Monitoring
Frequency
Semi-
annual










Semi-
annual


Semi-
annual



Annual




.Annual



Reporting
Freqneocr
Annual











.Annual



Annual




Retain
onsite



Retain
onsite


    A discharger is not subject to the monitoring requirements provided the discharger makes a certification for
a given outfall, on an annual basis,  under penalty  of law,  that material handling equipment or activities, raw
materials, intermediate products, final products, waste materials, by-products, industrial machinery or operations,
significant materials from past industrial activities, or,  in the case of airports,  deicing activities, that are located in
areas  of the facility that are within the drainage area of the outfall are not presently exposed to storm water and will
not be exposed to storm water for the certification period.

    :A discharger may, in lieu of monitoring for acute whole effluent toxicity, monitor for pollutants identified in
Tables II and III of Appendix D of 40 CFR Part 122  that the discharger knows or has reason to believe are present
at the facility site.  Such determinations are to be based on reasonable best efforts to identify significant quantitie>
of materials or chemical present at the facility.

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FACT SHEET
EPA FINAL CENTRAL PERMIT MONITORING REQUIREMENTS
Type of
Facility
Animal
Handling/
Meat Packing
Facilities



Chemical and
Allied Product
Manufacturers/
Rubber
Manufacturers
(SIC 28 and
30)
Automobile
Junkyards







Lime
Manufacturing
Facilities

Oil-fired
Steam Electric
Power
Generating
Facilities
Cement
Manufacturing
Facilities and
Cement Kilns
Type of
Storm Water Discharge
Storm water discharges from animal
handling areas, manure management
areas, production waste management
areas exposed to precipitation at meat
packing plants, poultry packing plants,
facilities that manufacture animal and
marine fats and oils
Storm water discharges that come into
contact with solid chemical storage piles





Storm water discharges exposed to:

(a) over 250 auto/truck bodies with
drivelines, 250 drivelines, or any
combination thereof
(b) over 500 auto/truck units
(c) over 100 units dismantled per year
where automotive fluids are drained or
stored
Storm water discharges that have come
into contact with lime storage piles


Storm water discharges from oil
handling sites



All storm water discharges associated
with industrial activity (except those
from material storage piles that are not
eligible for coverage under this permit)

Parameters
BODS, Oil and Grease, COD,
TSS, Total Kjeldahl Nitrogen
(TKN), Total Phosphorus, pH,
Fecal Coliform



Oil and Grease, COD, TSS,
pH, any pollutant limited in an
effluent guideline to which the
facility is subject



Oil and Grease, COD, TSS,
pH, any pollutant limited in an
effluent guideline to which the
facility is subject





Oil and Grease, COD, TSS,
pH, any pollutant limited in an
effluent guideline to which the
facility is subject
Oil and Grease, COD, TSS,
pH, any pollutant limited in an
effluent guideline to which the
facility is subject

Oil and Grease, COD, TSS,
pH, any pollutant limited in an
effluent guideline to which the
facility is subject
MooitoriB«
Frequency
Annual






Annual






.Annual








Annual



Annual




Annual



Reporting
Frequency
Retain
onsite





Retain
onsite





Retain
onsite







Retain
onsite


Retain
onsite



Retain
onsite


    'A discharger is not subject to the monitoring requirements provided the discharger makes a certification for
a given outfall, on an  annual basis, under penalty of law, that material handling equipment or activities, raw
materials, intermediate  products, final products, waste materials, by-products, industrial machinery or operations,
significant materials from past industrial activities, or, in the case of airports, deicing activities, that are located in
areas of the facility that are within the drainage area of the outfall are not presently exposed to storm water and will
not be exposed to storm water for the certification period.

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FACT SHEET
EPA FINAL GENERAL PERMIT MONITORING REQUIREMENTS1
Type of
Facility
Ready-mix
Concrete
Facilities
Ship Building
and Repairing
Facilities
Type of
Storm Water Discharge
All storm water discharges associated
with industrial activity
All storm water discharges associated
with industrial activity
Parameters
Oil and Grease, COD, TSS,
pH, any pollutant limited in an
effluent guideline to which the
facility is. subject
Oil and Grease, COD, TSS,
pH, any pollutant limited in an
effluent guideline to which the
facility is subject
Monitoring
Frequency
Annual
Annual
Reporting
Frequency
Retain
onsite
Retain
onsite
    A discharger is not subject to the monitoring requirements  provided the discharger makes a certification for
a given outfall, on an annual basis,  under penalty of law,  that material handling equipment or activities, raw
materials, intermediate products, final products, waste materials, by-products, industrial machinery or operations,
significant materials from past industrial activities, or, in the case of airports, deicing activities, that are located in
areas  of the facility that are within the drainage area of the outfall are not presently exposed to storm water and will
not be exposed to storm water for the certification period.

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                                                   FACT SHEET
                                            NOTICE OF INTENT (NOI)
Deadlines for Notice of Intent (NOI)  - The deadlines for NOI are as follows:

      •  For existing facilities, October 1, 1992
      •  For facilities which begin industrial activity after October 1, 1992, a NOI shall be submitted at least 48 hours prior
         to the commencement of the industnal activity at the facility
      •  For construction activities beginning before October 1, 1992 and continuing after that date, a NOI shall be
         submitted by October 1,  1992
      •  For construction activities beginning after October  1, 1992, a NOI shall be submitted at least 48 hours prior to the
         commencement of construction at any site that will result in the disturbance of five or more acres total land area

Contents of NOI for Industrial or Construction General Permit - The contents for the NOI (both the industnal and
construction general permits) are as follows:

      •  Street address  or latitude/longitude
      •  SIC code (for  industrial general permit only)
      •  Operator's name, address, telephone number, and status as  federal, state, public, private,  or other entity
      •  Site owner's name, address, telephone number (for construction general permits only)
      •  Permit number(s) of any existing NPDES pernut(s)
      •  Name of receiving water(s)
      •  Indication of whether the owner  or operator has existing quantitative data describing the concentration of
         pollutants in storm water discharges
      •  A certification that a storm water pollution prevention plan  has been prepared  for the facility/site (for construction
         general permits only)

Types of Discharges Covered - The industrial and construction general permit can cover the majority of storm water
discharges associated with industnal activity.  Storm water discharges that cannot be authonzed by  general permits include
those:

      •  With existing effluent guideline limitations for storm water (for industrial general permit only)
      •  That originate from the site after construction activities have been completed and the site has undergone final
         stabilization (for construction general permit only)
      •  That are mixed with non-storm water, unless the non-storm water discharges are in compliance with a different
         NPDES permit (note certain discharges are allowed if addressed under the pollution prevention plan)
      •  With an existing NPDES individual or general permit for the storm water discharges
      •  That are or may reasonably be expected to be contributing to a violation of a water quality  standard
      •  That are likely to adversely effect a listed or proposed to be listed endangered  or threatened species or its critical
         habitat
      •  From inactive mining or inactive oil and gas operations occurring  on Federal lands where an operator cannot be
         identified (for industrial general permit only)

Where to Submit - Submit NOIs to:

      •  Storm Water Notice of Intent
         P.O. Box 1215
         Newington,  VA 22122
                                                       16

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                                                         FACT SHEET
                                    CONSTRUCTION POLLUTION PREVENTION PLAN
  The Pollution Prevention Plan is considered to be the most important requirement of the General Permit.  Each construction
  activity covered by the general permit must develop a Plan, tailored to the site specific conditions, and designed with the goal to
  control the amount of pollutants in storm water discharges  from the site.

  Components of the Plan - The permit requires  that the Plan contain a site description, and a description of the measures and
  controls to prevent or minimize pollution of storm water.  The site description must include:

         • A description of the nature of the construction activity
         • A sequence of major construction activities
         • An estimate of the total area of the site and of the area to be disturbed
         • An estimate of the runoff coefficient of the site after construction is  complete
         • Any existing data on the quality of storm water discharge from the site
         • The name of the receiving water
         • Any information on  the type of soils at the site: and
         • A site map indicating drainage patterns and slopes after grading activities  are complete, areas of soil disturoance. the
           outline of the area to be disturbed,  the location of stabilization measures and controls,  and surface waters at the discharge
           points.

  Measures and  Controls - Measures and controls to prevent or minimize pollution of storm water must include three different types
  of controls: erosion and sediment controls, storm water management controls and other controls:

         • Erosion and Sediment Controls
           -  Stabilization (seeding, mulching, etc.) - Disturbed areas where construction has permanently or temporarily ceased
              must be stabilized within 14 days of the last disturbance or as soon as practicable in semi-arid and arid areas. (Areas
              which will be redisturbed within 21 days do not have  to be stabilized).
           -  Structural Controls - Sites with common drainage locations that serve  10 or more disturbed acres  must install a
              sediment basin where it is attainable (where a  basin 5 not attainable, sediment traps, silt fence or other equivalent
              measures must be installed.  Sediment basins must provide 3,600 cubic feet of storage  per acre drained.  Drainage
              locations which serve less than 10 disturbed acres  must  install either a  sediment basin,  sediment trap or silt fence along
              the down slope and side slope perimeter.
         • Storm Water Management Controls - The permittee must consider installing measures (storm water detention structures,
           infiltration measures, etc.) to control pollutants after construction is  complete.  Velocity dissipation devues mast be
           installed in outfall channels  to prevent  erosive conditions.
         • Other Controls - The plan must  ensure that solid  materials are not earned by storm water into the receiving  waters.
           Measures must be taken to prevent construction vehicles  from tracking soil off of the construction site, and to reduce dust
           generation at the construction site.  The operator must comply with State and/or local sanitary sewer or septic system
           regulations.

  State and Local Programs -  Where State and Local programs for sediment and erosion control, storm water management or site
  permits exist, the pollution prevention plan must certify that the plan reflects  and is in compliance with the requirements of the
  applicable State or local program.

  Inspection/Maintenance - Operator personnel must inspect the construction site at  least once every 7 days and within 24 hours of
  a rainfall of 0.5 inches or more.  Areas with sites that have been finally stabilized or sites that are located in arid or semi-and
  areas must be inspected at least once a month.  The inspector must prepare a report documenting his/her findings on the conditions
  of the controls  and stabilized areas.

  Deadlines - The plan must be prepared  prior to  submission of the  Notice of Intent.  The construction project must comply with the
  provisions of the plan throughout the  construction period.

  Signature - The plan must be signed  by a responsible official such as the president, vice president or general partner.

  Plan Review - The plan is to be kept at the construction facility at during the entire construction period.  The plan should be
I submitted for review only when requested by EPA.



                                                                 17

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SITE EVALUATION AND DESIGN DEVELOPMENT
• Collect site information
• Develop sit plan
• Describe construction activity
• Prepare pollution prevention site map
+
ASSESSMENT
• Measure the site area
• Determine the drainage areas
• Calculate the runoff coefficient
t
CONTROL SELECTION/PLAN DESIGN
• Select erosion and sediment controls
• Select other controls
• Select storm water management controls
• Indicate the location of controls on the site map
• Prepare an inspection and maintenance plan
• Prepare a description of controls
• Prepare sequence of major activities
• Incorporate State or local requirements
	

CERTIFICATION AND NOTIFICATION
• Certify the plan
• Submit Notice of Intent





                                 t
                   CONSTRUCTION/IMPLEMENTATION
                  • Implement controls
                  • Inspect and maintain controls
                  • Maintain records of construction activities
                  • Update/change the plan
                  • Report releases of reportable quantities
                  • Provide for plan location and access
                  RNAL STABILIZATION/TERMINATION
                         • Final stabilization
                         • Notice of Termination
SIX PHASES FOR DEVELOPING AND IMPLEMENTING CONSTRUCTION STORM
                WATER POLLUTION PREVENTION PLANS

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                                                   FACT SHEET
                                 INDUSTRIAL POLLUTION PREVENTION PLAN
The Pollution Prevention Plan is considered to be the most important requirement of the General Permit. Each industrial
facility covered by the general permit must develop a Plan, tailored to the site specific conditions, and designed with the
goal to control the amount of pollutants in storm water discharges from the site.

Pollution Prevention Team - Each facility will select a Pollution Prevention Team  from its staff and the Team will be
responsible for developing and implementing the Plan.

Components of the Plan - The permit requires that the Plan contain a description of potential pollutant sources, and a
description of the measures and controls to prevent  or minimize pollution of storm water.  The description of potential
pollutant sources must include:

      •  A map of the facility indicating the areas which drain to each storm water discharge point
      •  An  indication of the industrial activities which occur in each drainage area
      •  A prediction of the pollutants which are likely to  be present in the storm water
      •  A description the likely source of pollutants from the site
      •  An  inventory of the materials which may be exposed to storm water
      •  The history of spills or leaks of toxic or hazardous materials for the past 3 years.

The measures and controls to prevent or minimize pollution of storm water must include:

      •  Good housekeeping or upkeep of industrial areas  exposed to storm water
      •  Preventive maintenance of storm water controls and other facility equipment
      •  Spill prevention and response procedures to minimize the potential for and the impact of spills
      •  Test all outfalls to insure there are no cross connections (only storm water is discharged)
      •  Training of employees on pollution prevention measures and controls, and record keeping.

The permit also  requires  that facilities:

      •  Identify areas with a high potential for erosion and the stabilization measures or structural controls to be used to
         limit erosion in these areas
      •  Implement traditional storm water management measures (oil/water separators, vegetative swales,  detention ponds,
         etc) where they are appropriate for the site.

Inspection/Site Compliance Evaluation - Facility personnel  must inspect the plant  equipment and  industrial areas on a
regular basis. At least once every year  a more  thorough site  compliance evaluation  must be performed by facility personnel

      •  Look for evidence of pollutants entering the drainage system
      •  Evaluate the performance of pollution prevention  measures
      •  Identify areas where the Plan should be revised to reduce the discharge of pollutants
      •  Document both the routine inspections and the annual site compliance evaluation in a report.

Consistency  - The Plan can incorporate other plans which a facility may have already prepared for other permits including
Spill Prevention Control and Countermeasure (SPCC) Plans, or Best Management Practices (BMP) Programs.

Deadlines - The plan must be prepared on or before April  1, 1993, and the facility  must be in compliance with the plan on
or before October  1,  1993.

Signature - The plan must be signed by a responsible corporate official such as the  president, vice president or general
partner.

Plan Review - The plan is  to be kept at the permitted facility at all times.  The plan  should be submitted for review only
when requested by EPA.

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                      PLANNING AND ORGANIZATION
                       • Form Pollution Prevention Team
                       • Review other plans
   o
   w
   UJ
   cc
   o
   z

   i
   £
   DC
   Z
                          ASSESSMENT PHASE
                   • Develop a site map
                   • Inventory and describe exposed materials
                   > List significant spills and leaks
                   • Test for non-storm water discharges
                   1 Evaluate monitoring data
                   • Summarize pollutant sources and risks
BMP IDENTIFICATION PHASE
 Baseline BMPs
 Select activity- and site-specific
 IMPLEMENTATION PHASE
     • Implement BMPs
     • Train employees
                        EVALUATION/MONITORING
                1 Conduct annual site inspection/BMP evaluation
                1 Conduct recordkeeping and reporting
                • Review and revise plan
    GENERAL REQUIREMENTS
   • Develop schedule
   • Obtain required signatures
   • Follow plan location and public
    access requirements
   1 Modify plan
                     SPECIAL REQUIREMENTS
                  • Plan for discharges through MS4s
                  • Plan for EPCRA, Section 313
                   facilities
                  • Plan for salt storage piles
SEVEN PHASES FOR DEVELOPING AND IMPLEMENTING INDUSTRIAL STORM
                WATER POLLUTION PREVENTION PLANS

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                                                   FACT SHEET
                           SARA TITLE ffl, SECTION 313, SPECIAL REQUIREMENTS
The following are specific general permit requirements for facilities subject to reporting requirements under SARA Title III,
Section 313 [also known as the Emergency Planning and Community Right-to-know Act (EPCRA)].

Control Measures - These control measures must be practiced in areas where Section 313 water priority chemicals are
stored, handled, processed, or transferred:

       •  Provide containment, drainage control, and/or diversionary  structures (prevent or minimize runon by installing
         curbing, culvertmg, gutters, sewers, or other controls, and/or prevent or minimize exposure by covering storage
         piles).
       •  Minimize  discharges from liquid storage areas (store liquid  materials in compatible storage containers and/or
         provide secondary containment or equivalent measures designed to hold the volume of the largest storage tank plus
         precipitation).
       •  Minimize  discharges from material storage areas (install drainage and/or other control  measures).
       •  Minimize  discharges from loading-unloading areas (use drip pans and/or implement a strong spill contingency and
         integrity testing plan).
       •  Minimize  discharges from handling/processing/transfemng  areas (use covers,  guards, overhangs, door skins
         and/or conduct visual inspections or leak tests for overhead piping).
       •  Minimize  discharges from all the above areas (use manually activated valves with drainage controls in all areas,
         and/or equip the plant with a drainage system to return spilled material  to the facility).
       •  Introduce  facility security programs to prevent spills (use fencing, lighting, traffic control, and/or secure
         equipment and buildings).

Preventive Maintenance - When a leak or spill of a Section 313 water priority chemical has occurred, the contaminated
soil, material, or debris must be removed promptly  and disposed of in accordance with Federal, State, and local
requirements and as described in the  Storm Water Pollution Prevention Plan.  These facilities are also required to designate
a person responsible for spill prevention, response, and reporting procedures.  All areas of the facility must be inspected  for
the following at appropriate intervals as specified in the plan:

       •  Leaks or conditions that would lead to discharges of Section 313 water  priority chemicals
       •  Conditions that could lead to direct contact of storm water with raw materials,  intermediate materials, waste
         materials or products                                                                            .     .
       •  Piping, pumps, storage tanks and bins, pressure vessels, process and material handling equipment, and material
         bulk storage areas for leaks, wind blowing, corrosion, support or foundation failure, or other deterioration or
         noncontainment.

Training - Employees and contractor personnel must be trained in the following areas, at least once per year:

       •  Preventive measures, including spill prevention and  response and preventive maintenance
       •  Pollution control  laws and regulations
       •  The facility's Storm Water  Pollution Prevention Plan
       •  Features and operations of  the facility that are designed to minimize discharges of Section 313 water priority
         chemicals, particularly spill prevention procedures.

Engineering Certification - The plan must be reviewed and certified by a Registered Professional Engineer and recertified
every 3 years or after the plan is significantly changed.

Monitoring Requirements - Facilities subject to EPCRA, Section 313  reporting  requirements must monitor semi-annual ly
storm water discharges that come into contact with any equipment, tank, container or other vessel or area used for storage
of Section  313 water priority chemicals, or located at a truck  or rail car loading or unloading area. Note the permit
provides an alternative to WET testing. Further, the permit provides that if the discharger certifies that industrial activities
in a given drainage area are not exposed to storm water, monitoring is not required.
                                                        21

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                            FACT SHEET

                NINTH CIRCUIT STORM WATER DECISION

NINTH CIRCUIT OPINIONS

     On May 27 and June 4, 1992, the United States Court of Appeals
for the Ninth Circuit, issued two opinions generally affirming
EPA's November 16, 1990 storm water application regulations.
American Mining  Congress v.  EPA.  965  F.2d  759  (9th  Cir.  1992)
("AMC"); Natural  Resources  Defense  Council v.  EPA.  966 F.2d 1292
(9th Cir. 1992 ("NRDC").


AFFIRMATION OF THE STORM WATER PROGRAM

     The Court in  "NRDC"  generally  affirmed  the  direction  and
substance of Agency's storm water program.  Specifically, the Ninth
Circuit upheld EPA's definition of  "municipal separate  storm sewer
system", the  standards for  municipal storm water  controls,  the
scope of the permit exemption for oil and gas operations, and EPA's
decision not to provide public comment on Part I group industrial
permit applications.  In "AMC", the Court upheld EPA's regulation
of storm water discharges from inactive mines.

     All other aspects of the municipal  and industrial  storm water
regulations  were  unchallenged  and  unaffected   by  the  Court's
opinions.


DEADLINES

     The Court in "NRDC"  declared EPA's  extension of the statutory
deadlines  for storm  water  applications to be unlawful, but  it
declined to strike  down the   deadline  extensions.   The  Ninth
Circuit, however,  expressly noted  that  EPA  has  no  authority  to
extend permit application deadlines further.


REMAND

     The Court in "NRDC"  also invalidated and remanded  for further
proceedings  two  exemptions  from the definition  of storm  water
discharges "associated with  industrial activity":  1) the exemption
of construction sites smaller than 5 acres, and  2)  the exemption of
certain  "light"  industries  whose  industrial  activities  are  not
exposed to rain water.

     In response to the Court's two remands, the Agency intends to
conduct further rulemaking proceedings on construction activities
under 5 acres  and light  industry without exposure.   EPA  will not
require permit applications  for construction activities disturbing
less than 5 acres or  for light industry without  exposure until this
further rulemaking is completed.
                                   22

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                            FACT SHEET

RENSSELAERVILLE INSTITUTE STUDY ON THE PHASE I STORMWATER PROGRAM

Background

In December, 1991 EPA's Deputy Administrator asked the Office of
Wastewater Enforcement and Compliance to undertake a project
designed to gain feedback from the public on ways to improve
implementation of the existing Phase I program defined under our
regulations promulagated on November 16, 1990.

Description of Process

Based on the Deputy Administrator's request, the Institute, based
on direction provided by OWEC, conducted a total of six focus
group sessions around the country involving selected individuals
with a working knowledge of the Phase I regulations and their
implementation. These individuals represented all major
stakeholder groups including States, municipalities, industry,
and environmental groups. At each meeting, participants were
asked to respond to a list of specific questions. Following this,
each question was revisited to clairify those steps EPA could
take to address the concerns raised by the group.


SUMMARY OF MOST COMMON RESPONSES


!• Mai or improvements in the way EPA communicates the
requirements of the program and its overall goals are needed.

o Technical guidance from EPA is generally good,  but needs to
disseminated earlier in the process, perhaps concurrently with
publication of the regulations. Even draft guidance should be
disseminated as early as possible, especially when EPA believes
the overall thrust of the guidance will not change.

o Verbal communications,  especially in the form of workshops,
seminars,  etc.  should be focused much more at the local .  as
opposed to the national level. More work needs to be done through
local trade associations and local governmental officials.

o National meetings need to focus more on communicating a clearer
overall message on the need,  purpose and long-term goals of the
program, along with a clearer statement concerning the impacts of
stormwater discharges.
                             23

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 2-  EPA's  focus  of  the use of General  Permits for Industrial
 Sources is  the  right way to cro  but needs  to be accelerated.

 o There was virtually univeral  praise for the decision to use a
 general permitting approach.

 o However,  groups  did voice some  frustratation,  both  with the
 pace at which EPA's general permits were  progressing,  but also
 with some State's   perceived  lack  of  leadership  in  terms  of
 developing  their own general  permits  or pushing  EPA harder to
 produce the national general  permits.

 o One  specific  suggestion  was to have  industry groups  lobby OMB
 much more aggressively to  approve  the  proposed national general
 permits as  quickly  as possible.

 3•  Use of the Standard Industrial  Codes (SIC) for identifying
 industries  covered  under the program was  confusing  and inflexible

 o The majority  of participants  indicated  that responding  to
 issues concerning exactly which sources are covered under  the SI<
 codes has been  extremely time consuming and,  in certain cases,
 virtually impossible to do. Categories 8  (Transportation)   and 11
 (Light Industry with Exposure) have generally been the most
 problematic.


 o SIC codes are not explicitly linked to quality of runoff, and
 using them often makes it difficult to determine who needs a
permit.
o
  EPA needs to assist States in determining who needs to be  ,
covered, perhaps through technical guidance which, among other
things, contains descriptive categories of industries covered.
o
  EPA also needs to provide States with more flexibility (i.e.
BPJ) in making calls on who is to be covered and be clearer on
the issue of liability if States make judgements which
subsequently turn out to be incorrect.


RESPONSE TO CONCERNS

o EPA is grateful to the various individuals who provided
valuable suggestions on improving the program.  In response to
these suggestions, we have implemented several  of them,
identified below.

     o implementing a major communications and  outreach strategy.
The key highlight of this strategy thus far has been the conduct
of 26 workshops this summer,  nationwide,  on the Phase I program
with a similar effort planned for FY 1993.

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     o distributed a guidance document clarifying SIC code
coverage issues and interpretation of our currents regs. for
applicability to industries.

     o produced 4 new technical guidance documents on the
following subjects:

          — Sampling

          — Industrial and construction  pollution prevention
             and best management practices

          -- Part 2 group applications

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                            FACT SHEET

                PHASE II OF THE STORM WATER PROGRAM

 RENSSELAERVILLE STUDY

      At  the request of EPA's Deputy Administrator,  the  Office of
 Wastewater  Enforcement and Compliance has undertaken a major effort
 to  solicit  feedback  from the  public on possible  options  for
 addressing  Phase II sources not currently required to have permits.
 Working  with the Rensselaerville Institute, three  public meetings
 were  held  to solicit  input from  the public  at large.    These
 meetings were held  in Denver,  San Francisco,  and Washington,  D.C.
 At each meeting, the participants, working  in groups,  were asked to
 develop  the  outline of an overall strategy based on issues similar
 to  those outlined  in  the  Federal  Register  notice soon  to  be
 published by EPA.  These groups included representatives  of States
 municipalities,  private  industry,   consulting  engineers,   and
 environmental groups.  We are currently reviewing input from these
 meetings  and anticipate  a  final report  in  early October.

 FEDERAL  REGISTER REQUEST FOR COMMENT

      EPA  is  also  issuing   a  Federal Register  notice requesting
 public  comment  to   provide input  and recommendations   for  the
 development   of  Phase  II   of  the'  National  Pollutant   discharge
 Elimination  System (NPDES)  storm water program.  Input is  requested
 from  the  general public, State and local government agencies,  the
 regulated  community,  and  environmental  groups.    Comment   is
 solicited on three  basic issues:  1) who  should be covered under
 Phase II; 2)  what control  strategies should be used; and 3) what
 deadlines should  apply.   To  generate discussion  and input from
 commenters,   the  notice discusses  several  alternative approaches,
 with  variations  in  scope  and timing,   for  each   issue  under
 consideration.

 NEXT  STEPS

     On October 1,  1992,  the present  statutory prohibition against
 issuing  permits for  Phase  II sources  expires.    Congress   has
 required EPA to prepare two reports to Congress as well as propose
 and  finalize  specific  regulations  on  how to  control   Phase  II
 sources.   With promulgation  of the EPA storm water general permits,
 EPA's next priority is to complete the two  reports to Congress and
 issue the Phase II regulations as  required by Congress.   Those
 regulations will identify specific Phase II sources  for NPDES storm
 water permits and will contain permit application requirements.

     The  comments received as a result of the  Federal  Register
 notice will  be used along with input  from the Rensselaerville study
 to finalize  the reports to  Congress.  These reports will then form
 the  basis  for  developing  Phase  II  regulations  to  designate
particular Phase II sources and establish  a comprehensive program
to control their discharges.
                            26

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                            Environmental Protection
                            Agency
     Qff'ce :f vVastewater
     Enforcement and
     Compliance
                                                                                               ~ C ^r
                            Alternative  Approaches
                            for  Phase  II  Storm  Water  Program:
                            Request  for  Public  Comment
EPA is issuing a request for public comment from:

• the general  public.
• State and local government agencies,
• the regulated community, and
• environmental groups

to provide input and recommendations for the development
of Phase  II of the storm water program.   An approach
must  be  developed  that will  maximize  environmental
goals, protect water quality, reduce pollutant loadings, and
achieve designated uses in  impaired waters and.  at the
same time, improve cost effectiveness, minimize economic
impact, and reduce regulatory burden.

This fact sheet briefly summarizes FR	. For more
information contact the NPDES Storm Water Hotline
 » (703) 821-4823.

Background

The original 1972 Clean Water Act (or CWA) prohibited
the discharge  of any pollutant to the navigable waters of
the United States from a point source unless the discharge
was  authorized  by  a  National  Pollutant Discharge
Elimination System (NPDES) permit. As part of the 1987
Amendments  to  the CWA,  Congress  required EPA to
establish  a two  phase  program to  address storm water
discharges in  addition  to more traditional municipal and
industrial process wastewater discharges.  Phase I covers
eleven categories  of  industrial  facilities  as  well  as
municipal separate storm sewer systems  (MS4) serving
100,000 people or more.

Phase II of the storm water program is intended to cover
all  storm water discharges not addressed in Phase I.  The
current provisions of CWA §402(p)(5) require EPA to
prepare two reports to  Congress for the purposes of:
First report
 (a) identifying those storm water discharges or classes of
discharges for which permits are  not required prior to
October 1, 1992;
 1)) determining, to the maximum exteot practicable, the
  iture and extent of those discharges; and
Second Report
 (c) establishing procedures and methods to control storm
water discharges to the  extent  necessary to mitigate
impacts on water quality.
 EPA is  also required  to designate  particular Phase II
 discharges to be regulated and establish a comprehensive
 program to  regulate them.  The program must establish
 priorities, requirements for State storm water management
 programs, and expeditious deadlines.  The program may
 include performance standards, guidelines, guidance, and
 management practices  and  treatment  requirements,  as
 appropriate.

 Today's Notice

 To  assist   in  the  preparation  of  these  reports and
 development of the Phase  II program, input from  the
 public is sought on three basic issues: targeting, control
 mechanisms, and deadlines.  To generate discussion and
 input  from  commenters, the  notice discusses several
•alternative approaches  for each issue under consideration.
 A number of different control strategies, with variations
 in scope and timing, are outlined below.

 1.  Targeting:   What additional discharges  should  be
 covered under Phase II? What municipal separate  storm
 sewer systems, municipal industrial activities., conrner.-ial.
 light industrial, retail, or residential activities not covered
 under Phase I should be included?

 Possible Targeting Options

 a) Seek amendments to the CWA to eliminate Phase  II and
 use designation authority to bring additional sources under
 Phase I
    Under this option. Congress would amend the CWA to
 eliminate section 402(p)(6)  (Phase II requirements) and
 expand use of the existing designation authority  under
 402(p)(2)(E) to designate individual  or classes of  storm
 water activities on a category,  watershed, stream reach,
 loadings, or other basis for specific regulation.

 b) Target certain MS4s for NPDES permits under section
 402fpV61 of the CWA
    Coverage of municipalities could  be expanded  by
 lowering the minimum population requirement across the
 board or by designating additional municipalities by name.
 Alternatively, EPA could focus on the population density
 or population growth  in metropolitan areas.   Population
 density and growth have been shown to have an effect on
 the quality and quantity of urban storm water runoff.

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„•• Continued reliance on Phase [  MS-U to control Phase [I
sources which discharge through cheir system
  Under this approach, EPA would continue to rely on
municipalities to identify priority storm water discharges
  ' develop appropriate controls for those discharges as
   i of requirements to develop and implement municipal
storm water management programs.

d) Identify  additional Phase II activities other than MS4s
based on comparative loadings
  EPA could use available information to prioritize Phase
II sources in terms of their relative pollutant loadings and
issue regulations to target those activities which contribute
the highest loadings of pollutants to receiving waters.

e) Geographic targeting
   EPA  could regulate Phase II  storm water activities on
a watershed, waterbody.  or  regional  basis  to  attain
designated  uses in geographic areas.

f)   Establish  requirements   tor   State   storm   water
management programs
  Under this approach. EPA could develop requirements
for  States  to identify additional  classes of storm water
discharges  for control.

g) Rensselaerville focus groups
   Participants in the Rensseiaerville study made specific
   ommendations for targeting approaches in Phase II.

2. Control Strategies:   Regardless of how additional
Phase II storm water activities are identified - what are the
appropriate tools or  control  strategies to  put in place
which  assure pollutant  loading  reductions  and  water
quality improvement?

Possible Control Strategies

a) Continued reliance on NPDES program
   Continue to  rely  on  individual  or general NPDES
permits for individual sources,  and  system-wide permits
for MS4s.

b) Continued reliance on nonpoint source program
   This  approach  includes  continued  reliance on State
 nonpoint source programs under section 319 of the CWA
 and future reliance on programs  under Section 6217 of the
 CZARA in coastal  areas.
                                            guidelines.
c)   Mandatory   performance   standards.
management practices and/or treatmer
  This option would develop a set of mandatory national
*^hase II control guidelines that apply directly to Phase II
  rm water activities without a permit.

d) Rensselaerville focus groups
  Participants in the  Rensselaerville study made specific
recommendations regarding control strategies for Phase II.
                                                        3.  Deadlines:   What deadlines or ;;rrie  r'r'arn-ii  s,-.i u.j
                                                        apply  in implementing  Phase  II  of  the storm  water
                                                        program?
                                                           One option is for Congress to  extend the current
                                                        October 1, 1992 deadline for Phase II sources.
                                                           Another option might be to adopt a phased set of Phase
                                                        II deadlines  with high priority storm  water discharges
                                                        covered first and lower risk sources  addressed at a later
                                                        date.
                                                           A third approach could eliminate the Phase II deadlines
                                                        and set deadlines on  a case-by-case basis  for designated
                                                        sources.

                                                        General Factors for  Comment

                                                           EPA   requests  comment  on   the  advantages  and
                                                        disadvantages of each option outlined  above ior others; in
                                                        terms of the following factors:
                                                            1.  How well does the approach perform with respect
                                                        to  the environmental  goals of protecting  water  quality.
                                                        reducing pollutant loadings,  and achieving designated uses
                                                        in  impaired waters?   EPA  solicits input on appropriate
                                                        environmental  indicators in connection with each of the
                                                        options presented, or  any others.
                                                           2.  Does the option balance the  need for regulation to
                                                        protect/improve  the   environment  with   the desire  to
                                                        minimize the regulatory burden and maximize the cost
                                                        effectiveness of the approach?
                                                           3.   Does the  option  help  to  reduce  die regulatory
                                                        burden on potential  permittees, while still maintaining
                                                        environmental  benefits?
                                                           4.  Does the option help to reduce the administrative
                                                        burden on Federal, State and local government*. .  > tl u
                                                        resources are  used to address  important  environmental
                                                        problems efficiently?
                                                            5.  To what extent does  the option support or provide
                                                        an incentive or  additional  flexibility tor  implementing
                                                        pollution  prevention  and   other  innovative   permit
                                                        approaches?
                                                            6.   Does the option  allow or  encourage  the  use  of
                                                        market incentives or  trading to  promote greater or more
                                                        effective  loadings   reductions   and   water   quality
                                                         improvements?
                                                            7.  What is the impact of the proposed approach  on
                                                        small businesses  and  communities?
                                                            8.  Does the option consider  affordability?
                                                             Comments on this notice must be received by  [60
                                                             days after publication].  Respondents should send
                                                             an original and two copies of their  comments to
                                                             Michael Plehn, Office of Wastewater Enforcement
                                                             and Compliance (EN-336), U.S. EPA, 401 M St.
                                                             SW, Washington, D.C. 20460.

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                          POTENTIAL  INVERSE OF PHASE U DISCHARGERS
          Phase n potentially includes all point source discharges of storm water to waters of the United States
          (including Municipal Separate Storm Sewer Systems) that are not regulated under Phase I of the storm
          water program (See  Appendix A).  The following table illustrates those types of operations which have
          been statutorily exempted from both Phase I and Phase H of the NPDES storm water program along
          with a general  list of potential Phase II sources:
     Statutory / Regulatory exemptions:
 • Non Point Source Silviculture Activities

 • Agricultural Runoff and Irrigation Return Flows

 • Uncontarrunated discharges from Mining.
  Oil and Gas Operations
     General categories of sources
     potentially included:
 • All municipalities with populations less than 100.000

 • .All industrial activities not regulated  under Phase I
  (including those owned/operated by municipalities
  under 100,000) (tank farms, "auxiliary facilities")

 • Commercial activities with industrial  components
  (gas stations, dry cleaners)

 •  Construction activities involving less  than 5 acres

 •  Large parking lots (shopping malls, stadiums)

 • Residential property

 • Recreational areas (ski areas, golf courses, amusement
  parks)

• Livestock facilities (stables, feedlots not addressed
  by Phase  I regulations2, etc.)

• Greenhouses,  nurseries
    1  On June 4, 1992 the United States Court of Appeals  for the Ninth Circuit found that EPA's rational for
exempting construction sites of less than five acres from Phase I of the storm water program to be invalid and has
remanded the exemption for further proceedings (see Natural  Resources Defense Council v. EPA No 91-70176)

    2  Feedlots. as a class of facilities, have been associated with high loadings of pollutants such as suspended
solids, BOO, and nutrients such as nitrogen and phosphorus, and could be an example of a targeting approach based
on high loadings.

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                                              FACT SHEET
                              EPA GENERAL PERMIT REQUIREMENTS
On August 16,  1991, EPA proposed for comment its draft general permits (56 FR 40993) which are intended to
initially cover the majority of storm water discharges associated with industrial activity in 12 States and 6
territories without authorized NPDES programs.  The public comment period closed on October 15, 1991. The
Agency is finalizing these permits in September of 1992. The EPA permits will also serve as models for States
with authorized NPDES programs. As of September 1992, 31 of the 39 authorized NPDES States have authority
to issue general permits and  a number of other States are close to receiving such authority.  Facilities in
authorized NPDES States should contact their State permitting agencies to determine the status of the general
permitting program.  EPA divided its general permit into two separate permits, one for industrial activities
except for construction and the other for construction activities. The following table outlines conditions in EPA's
general permits for industrial activities and construction activities.

Areas of Coverage

      • EPA's finalized general permits cover the following States and Territories:
        - Alaska, Arizona, Florida (except  construction), Idaho, Louisiana, Massachusetts  (industrial and
          construction permits),  Maine, New Hampshire, New Mexico, Oklahoma, South Dakota, Texas, the
          Commonwealth of Puerto Rico (except industrial), the Territories of Johnston Atoll, Midway and
          Wake Islands; on Indian lands in  AK, AZ, CA,  CO, FL, ID, ME, MA, MS,  MT, NH,  NC, ND,
          NY,  NV, UT, WA,  WY; from Federal facilities in CO and WA,  DE; and from Federal facilities and
          Indian lands in Louisiana.

      • General permits for other nondelegated States and Territories will be issued when State 401 certification
        is complete.

Types of Facilities Covered

      • EPA's general permits  can cover the majority of storm water discharges associated with industrial
        activity.  Storm water discharges associated with industrial activity that cannot be authorized by EPA's
        general  permits include those:
        - With existing effluent guideline limitations for storm water
        - That  are mixed with  non-storm water, unless the non-storm water discharges are  in compliance with a
          different NPDES permit, or are authorized by these permits
        - With an existing NPDES individual or general permit for the storm water discharges
        - That  are or  may reasonably be expected to be contributing to a  violation of a water quality standard
        - That  are likely to adversely effect a listed or proposed to be listed endangered or threatened species
          or its critical habitat
        - From inactive mining or inactive oil and gas operations occurring on Federal lands where an operator
          cannot be identified (industrial permit only).

NOI Requirements

      • After the general permits are issued, a facility  must submit an NOI to be authorized by the  general
        permit.
      • NOI requirements are much less burdensome than individual permit applications  and do  not require the
        collection of discharge  sampling data.
      • Facilities which discharge to a large or medium municipal separate storm sewer system must also submit
        signed copies of the NOI to the operator of die municipal system.
      • Operators of construction activities must also submit signed copies of the NOI to State or local agencies
        approving sediment  and erosion or storm water management plans under which the construction activity
        is operating.


                                                30

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                                             FACT SHEET
                              EPA GENERAL PERMIT REQUIREMENTS
 Deadlines for NOI

       •  On or before October 1, 1992 for existing industrial activities
       •  For facilities which begin industrial activity after October 1, 1992, an NOI shall be submitted at least 2
	days prior to the commencement of the industrial activity at the facility.

 Special Conditions

       •  Prohibition on most types of non-storm water discharges as  a component of discharges authorized by
         this permit.  (These discharges should already have  an NPDES permit.) However, EPA's permits
         authorize certain types of non-storm water discharges.
       •  In the event there is a release(s) of a hazardous  substance in excess of reportable quantities established
         under the CWA or CERCLA  (see 40  CFR 117.3, 40 CFR 302.4) the discharger must:
        -  Notify the National Response Center and the Director, as well as modify the  pollution prevention
           plan.

 Pollution Prevention Plan Requirements

      • Operators of all  facilities covered by EPA's general  permits  must prepare and implement a storm water
        pollution prevention plan (specific requirements are  below).

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                                              FACT SHEET
                               EPA GENERAL PERMIT REQUIREMENTS
 Industrial General Permit Requirements
 Contents of NOI for Industrial Activities

      •  Street address or latitude/longitude
      •  SIC Code or identification of industrial activity
      •  Operator's name,  address, telephone number, and status as Federal, State, private, puMic, or other
         entity
      •  Permit number(s)  of any existing NPDES permit(s)
      •  Name of receiving water(s)
      •  Indication of whether the owner or operator has existing quantitative data describing the concentration rf
         pollutants in storm water discharges
      •  A certification that a storm water pollution prevention plan has been prepared for the facility (for
_ industrial activities that begin operations after October  1, 1992). _

 Pollution Prevention Plan Requirements  for Industrial Activities

      •  Industrial pollution prevention plan requirements apply to all facilities except construction activities.
         (Additional special requirements for selected classes of facilities are discussed below.)
      •  Storm water pollution prevention plans for industrial activities have 2 major objectives:
         -  Identify potential sources of pollution
         -  Identify and implement best management practices to reduce pollutants in storm water discharges.

 Additional Plan Requirement for Salt Storage

      •  Where storm water runoff from £ storage jpite cof sak ii$ iiitsdiiargad tto waters ©f tdae Umiitadl States,,  .the
         pile shall be enclosed or ccwered $0 prevent «x)posure if©
 Additional Plan Rcquirsroeats for EPOLA Section 313 FstiJttws
       • Special requirements only apply to facilities subject to EPCRA Section 313 reporting
         chemicals that are defined in the permit as Section 313 "water priority chemicals."
       • In areas where Section 313  water  priority chemicals are stored, processed or otherwise handled,
         appropriate containment, drainage control and/or diversionary structures shall be provided.
       • In liquid storage areas where storm water comes into contact with any equipment, tank, container, or
         other vessel used for Section 313  water priority chemicals, appropriate measures must be taken to
         minimize discharges of these chemicals.
       • Professional Engineer (PE)  certification for the plan must be obtained at least once every  three years.

 Deadlines for Plan Preparation and Compliance

       • Plan shall be prepared on or before April 1, 1993, (and updated as appropriate).
       • Shall provide for implementation and compliance with the terms of the plan on or before  October 1,
         1993.

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                                               FACT SHEET
                               EPA GENERAL PERMIT REQUIREMENTS
 Semi-annual Monitoring/Annual Reporting Requirements

         EPCRA Section 313 facilities
         Primary metal industries (SIC 33)
         Land disposal units/incinerators/BIFs
         Wood treatment facilities
         Facilities with coal pile runoff
         Battery reclaimers.
 Annual Monitoring/No Reporting Requirements

      •  Airports
      •  Coal-fired steam electric facilities
      •  Animal handling/meat packing facilities
      •  Additional facilities, including:
         -  SIC 30 and 28 with storage piles for solid chemicals used as raw materials that are exposed to
           precipitation
         -  Certain automobile junkyards
        -  Lime manufacturing facilities where storm water comes into contact with lime storage piles
        -  Oil handling sites at oil fired steam electric power generating facilities
        -  Cement manufacturing and cement kilns
        -  Ready mix concrete facilities
        -  Shipbuilding and repairing facilities
        -  Minimum monitoring requirements call for the discharger to conduct an annual site inspection of the
           facility.
Additional Monitoring Requirements

      • Testing parameters for facilities are listed in the general permits
      • Minimum monitoring requirements call for  all dischargers to conduct an annual site inspection of the
        facility
Alternative Certification

      • A discharger is not subject to the monitoring requirements for a given outfall if there is no exposure of
        industrial areas or activities to storm water within the drainage area of that outfall
      • The discharger must certify, on an annual basis, that there is no exposure to storm water, and such
        certification must be retained in the storm water pollution prevention plan and submitted to EPA for
	facilities subject to semi-annual monitoring requirements.
Numeric Effluent Limitations

      • Coal pile runoff:  50 mg/1 TSS and 6-9 pH

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                                             FACT SHEET
                              EPA GENERAL PERMIT REQUIREMENTS
Construction General Permit Requirements
Coverage

      •  Covers storm water discharges from construction sites which will result in the disturbance in 5 or more
        acres of land
      •  Excludes storm water discharges that originate from the site after construction activities have been
        completed and the site has undergone final stabilization.

Contents of NOI for Construction Activities

      •  Mailing address or latitude/longitude for the construction site
      •  The name,  address, and telephone number of the operator(s) with day-to-day operational control that
        have been identified at the time of the NOI submittai, and status  as Federal. State, private, public, or
        other entity
      •  Permit number(s) of any existing NPDES permit(s)
      •  Name of receiving water(s)
      •  Indication of whether the owner or operator has  existing quantitative data describing the concentration of
        pollutants in storm water discharges
      •  An estimate of the project start and completion dates
      •  A  certification that a storm water pollution preventjon plan has been prepared for the facility

Deadlines for Notification

      •  An NOI shall be submitted at least  2 days prior to the commencement of construction at any site that
        will result in the disturbance of 5 or more acres  total land area.

Pollution Prevention Plan Requirements for Construction Activities

      •  Plan requires identifying potential pollution sources and implementing best management practices.
      •  Best management practices include  sediment and erosion controls, storm water management controls,
        and other controls.
      •  Plans must provide for compliance  with approved State or local sediment and erosion control plans or
        storm water management plans.

Deadlines for Construction Plan Preparation and Compliance

      •  The plan shall:
        -  Be completed prior to the submittai of an NOI to be covered under  this permit and updated as
           appropriate
        -  For  construction activities that have begun on or before October 1,  1992, the plan shall provide for
           compliance with the terms and schedule of the plan beginning on October  1, 1992
        -  For  construction activities that have begun after October 1, 1992, the plan shall provide for
           compliance with the terms and schedule of the plan beginning with the initiation of construction
           activities.

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                 State Storm Water General Permits
                         [States with General Permit Authority (G.P.A.)*]

        • Numbers indicate multiple permits.
        • "General Industrial" includes baseline permits that cover a wide variety of facilities. "Other" includes all
        permits in the 11th category listed at 40 CFR 122.26(bX14), plus permits that do not fall under another category.
       Mississippi
         Missouri
         Montana
        Nebraska
         Nevada
      New Jersey
    North Carolina
     North Dakota
           Ohio
         Oregon
                                                                  • 2
     Pennsylvania
     Rhode Island
        Tennessee
            Utah
         Virginia
                                                                      II
 Washington
West Virginia
       Wisconsin
        Wyoming
               ©= Staff Draft         ^= Proposed Draft         • = Final Permit

This list does not include States without NFDES Authority, nor does it include States IhathaveNPDES Authority, but not OJ> A.

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