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 ------- ------- 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 ------- ------- 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 ------- ------- STORM WATER PROGRAM FACT SHEET September, 1992 ------- 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 | ------- 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. ------- 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. ------- 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. ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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. ------- 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. ------- 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. ------- 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 ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 ------- 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. ------- 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. ------- 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. ------- 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 ------- 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). ------- 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. ------- 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 ------- 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. ------- 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. ------- ------- |