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.
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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
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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.
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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
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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.
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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
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z
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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.
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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.
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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.
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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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