$00
                  U.S. Environmental Protection Agency
                Storm Water Training Course
                            Participant's Manual
                              Sponsored by
         U.S. Environmental                     Protection Agency
                               Mail Code 4203
                           1200 Pennsylvania Avenue
                           Washington, D.C. 20460


                      In cooperation with the U.S. Navy

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This course is strictly a general overview of the NPDES storm water program and
only covers permit requirements for permits issued in areas where EPA is the
permitting authority. Participants of the course who are located in areas where EPA is
not the permitting authority will need to contact their state NPDES permitting authority
for information regarding specific permit/program requirements.

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          EPA NPDES Storm Water Program Training Course
                                      Agenda

Tuesday, September 26,2000 - Denver, CO

8:00         Registration
8:30         Welcome/Introductions
9:00         Module 1: Overview of EPA's Water Quality Programs
10:00        Break
10:15        Module 2: The NPDES Industrial Storm Water Program
11:15        Exercise: Identifying Permit Requirements for Industrial Facilities
12:00        Lunch
1:15         Module 3: The NPDES Construction Storm Water Program
2:15         Break
2:30         Exercise: Determining the R Factor for the Construction Waiver
3:00         Exercise: Construction Storm Water Permitting
3:30         Module 4: Storm Water Pollution Prevention Plans
4:00         Regional/State Perspective

Wednesday, September 27

8:30         Module 5: The NPDES MS4 Storm Water Program
9:45         Break
10:00        Exercise: Determining Applicability of the Phase II Program for Small MS4s
10:30        Module 6: Examples of Municipal BMPs and Measurable Goals
11:00        Module 7: Federal and State MS4s
11:30        Videos
12:00        Lunch
1:15         Module 8: Interaction of the Industrial, Construction, and MS4 Storm Water
             Programs
1:30         Exercise: Determining Requirements under all parts of the Storm Water Program
2:00         Module 9: Phase II Benefits, Costs, & Funding Mechanisms
2:30         Module 10: Additional Tools & Resources
3:00         Questions and Answers

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        EPA NPDES Storm Water Program Training Course:
                            Evaluation Form

                                 Denver, CO
Affiliation:
      Q Military
        State
                         Participant Information
                               j
Q Municipality
Q Construction
Q Industrial
Q Consultant
Q Other .
                         Presentation Evaluation

                Module 1: Overview of EPA's Water Quality Programs
Please rate the following aspects of this module:
Speaker(s)
Slide Presentation (i.e., organization and format)
Handout Materials
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Poor (1) - Excellent (5)
1




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5




      Comments:
                Module 2: The NPDES Industrial Storm Water Program
Please rate the following aspects of this module:
Speaker(s)
Slide Presentation (i.e., organization and format)
Handout Materials
Exercise 1 - Identifying Permit Requirements for
Industrial facilities
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1





2





3





4





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      Comments:

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           Module 3: The NPDES Construction Storm Water Program
Please rate the following aspects of this module:
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Exercise 2 - Determining the R Factor for Constructions
Waiver
Exercise 3 - Construction Storm Water Permitting
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' 2






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Comments:
              Module 4: Storm Water Pollution Prevention Plans
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Comments:
                Module 5: NPDES MS4 Storm Water Program
Please rate the following aspects of this module:
Speaker(s)
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Exercise 4 - Determining Applicability of tbe Phase II
Program for Small MS4s
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1




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           Module 6: Examples of Municipal BMPs and Measurable Goals
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  Comments:
                       Module 7: Federal and State MS4s
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  Comments:
Module 8: Interaction of the Industrial, Construction, and MS4 Storm Water Programs
Please rate the following aspects of this module:
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Handout Materials
Exercise 5 - Determining Multiple Responsibilities
Under the NPDES Storm Water Program
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1





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  Comments:
            Module 9: Phase II Benefits, Costs and Funding Mechanisms
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1

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Please rate the following aspects of this module:
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1


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       Comments:
                          Module 10: Additional Tools and Resources
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       Comments:
                                   General Comments
1.      Did the training meet your needs and expectations?      Yes U  No  LJ



       Please explain:	
2.      What could the training instructors do to make the training more useful/interesting?.
3.     Please provide any additional comments or questions:.

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                        USEPA Storm Water Training Course


                         Table  of Contents

Module 1: Introduction to the Training and Overview of EPA's Water Quality Programs

Slides
Handouts
   >   Glossary of Common Terminology
   >   Relationship Between Imperviousness and Storm Water Runoff
   >   NPDES Storm Water Program Regulatory Overview
   »•   NPDES Storm Water Program Timeline

Module 2: The NPDES Industrial Storm Water Program

Slides
Handouts
   •>   Notice of Intent (NOI) for Storm Water Discharges Associated with Industrial Activity
       Under an NPDES Permit
   »•   Notice of Termination (NOT) of Coverage Under a NPDES General Permit for Storm
       Water Discharges Associated with Industrial Activity
   *•   A Brief Guide to Requirements for Developing and Implementing Pollution Prevention
       Plans for Industrial Activities
Exercise I — Identifying Permit Requirements for Industrial Facilities
       Exercise Attachments:
       / Who is Subject to Phase I of the NPDES Storm Water Program and Needs a Permit?
       / Industrial Facilities Storm Water Program Permitting Decision Tree
       / No Exposure Certification for Exclusion from NPDES Storm Water Permitting
       / Proposed MSGP Industrial Sectors

Module 3: The NPDES Construction Storm  Water Program

Slides
Handouts
   >   Notice of Intent (NOI) for Storm Water Discharges Associated with Construction
       Activity Under an NPDES General Permit
   >   Notice of Termination (NOT) of Coverage Under a NPDES General Permit for Storm
       Water Discharges Associated with Industrial Activity
   »•   SWPP Guidelines for Construction Projects, California Regional Water Quality Control
       Board
Exercise 2 — Determining the R Factor for the Construction Waiver
       Exercise Attachments:
       / El Distribution Zones for Contiguous United States
       / Isoerodent Map of Eastern United States
       S El as percentage of Average Annual Value for geographic Areas shown in Figure 2-7

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Exercise 3 — Construction Storm Water Permitting
       Exercise Attachments:
       /  Construction Activities Storm Water Program Permitting Decision Tree

Module 4: Storm Water Pollution Prevention Plans

Slides

Module 5: The NPDES MS4 Storm Water Program

Slides
Handout
   *   Small MS4 Flexible Permitting Options
Exercise 4 — Determining Applicability of the Phase II Program for Small MS4s
       Exercise Attachments:
       S  How to Determine if an MS4 is in an Urbanized Area
       /  Urbanized Area Maps
       /  IMS4 Storm Water Program Permitting Decision Tree

Module 6: Examples of Municipal BMPs and Measurable Goals

Slides

Module 7: Federal and State MS4s

Slides

Module 8: Interaction of the Industrial, Construction, and MS4 Storm Water Programs

Slides
Handouts
   *•   Summary of Federal Permit Requirements Under the NPDES Storm Water Program
Exercise 5 — Determining Multiple Responsibilities Under the NPDES Storm Water Program

Module 9: Benefits, Costs and Funding Mechanisms

Slides

Module 10: Additional Tools and Resources

Slides

Appendix A: Phase I Regulations (40 CFR 122.26)

Appendix B: Phase II Regulations (Federal Register, December 8. 1999)

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0
               Module I
  t
Introduction to the Training and Overview of
       EPA's Water Quality Programs

           [Slides and Handouts]

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Introduction to the Training and Overview
ofEPA's Water Quality Programs	
Module 1
     National Pollutant Discharge
     Elimination System (NPDES)
         Storm Water Program
     Module 1: Introduction to the
       Training and Overview of
     EPA's Water Quality Programs
     Why are we here?
     What is storm water and why are we
     concerned about it?
     What is the history of the storm water
     program?
     What are the other water quality
     programs you should be aware of?
     Expected Benefits of Storm
           Water Program

   i Enhanced commercial, recreational and
    subsistence fishing
   i Enhanced opportunities for swimming,
    boating and noncontact recreation
   i Reduced flood damage
   i Drinking water benefits
   i Navigational benefits
   i Reduced illness from eating contaminated
    seafood & swimming in contaminated water
   i Enhanced aesthetic value
EPA NPDES Storm Water ProgramTraining Course
       1 -1

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Introduction to the Training and Overview
ofEPA's Water Quality Programs
Module 1
 Purpose of the Storm Water Program
           Training Course

   • Review the NPDES Phase I Storm
     Water Program

   • Introduce the NPDES Phase II Storm
     Water Program

   • Illustrate Phase I and Phase II
     Integration
           Overview of the
       Training Course Modules
   i Module 1: Introduction to the Training
    and Overview of EPA's Water Quality
    Programs

   i Module 2: The NPDES Industrial Storm
    Water Program

   i Module 3; The NPDES Construction
    Storm Water Program
           Overview of the
   Training Course Modules (cont.)

  • Module 4: Storm Water Pollution
   Prevention Plans

  • Module 5: The NPDES MS4 Storm
   Water Program

  • Module 6: Minimum Measures, BMPs
   and Measurable Goals

  • Module 7: Federal & State MS4s
EPA NPDES Storm Water ProgramTraining Course
       1 -2

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Introduction to the Training and Overview
of EPA's Water Quality Programs	
Module 1
            Overview of the
    Training Course Modules (cont.)

    • Module 8: Interaction of MS4,
     Industrial, and Construction Storm
     Water Programs

    • Module 9: Phase II Benefits, Costs,
     and Funding Mechanisms

    • Module 10: Additional Tools and
     Resources
    What is storm water?
    i Runoff from natural precipitation,
     such as rain events and snow melt
     and other surface runoff and
     drainage
    Why is Storm Water a Problem?

   • Developed and disturbed land
    contributes to problems
    - Quality
    - Quantity
   • Other pollutants enter storm sewer
    systems and pollute storm water
    - Illicit discharges
    - Illicit connections
EPA NPDES Storm Water Program Training Course
       1 -3

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Introduction to the Training and Overview
ofEPA's Water Quality Programs	
Module 1
       Storm Water Pollutants

      • Sediment
      • Nutrients
      • Bacteria
      • Oxygen Demand
      • Oil and Grease
      • Trace Metals
      • Toxic Chemicals
      • Chlorides
      • Thermal Impacts
     Imperviousness vs. Storm
            Water Runoff
     Nclurt* Ground Cowr
                       2tn» Impwvieoi Sunoc*
    Imperviousness and Water
              Quality

    i Consequences of impervious land
     coverage
     - Reduced infiltration of rainwater
     - Increased runoff volumes and
      velocity
     -Collects and concentrates pollutants
     - Increases ambient air and water
      temperature
EPA NPDES Storm Water ProgramTraining Course
       1 -A

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Introduction to the Training and Overview
ofEPA's Water Quality Programs	
Module 1
    Changes in Hydrology After
            Development
       Sources of Impairment
  • From the 1998 305b report:
         of impaired river miles are impaired
     due to urban runoff/storm sewers
   - 12% of impaired lake acres are impaired
     due to urban runoff/storm sewers
   - 28% of impaired estuarine square miles
     are impaired due to urban runoff/storm
     sewers
        Regulatory Hierarchy
              Clean Water Act
                (Congress)
           Code of Federal Regulations
                 (EPA)
EPA NPDES Storm Water Program Training Course
       1 -5

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Introduction to the Training and Overview
of EPA's Water Quality Programs	
Module 1
     Federal Water Pollution Control Act
           Amendments of 1972

   i Established NPDE5, pretreatment, and
    construction grants programs
     - Permits are a privilege - not a right
     - Effluent limits must be both technology-
      and water quality-based
     - Maximum duration is 5 years
     - Provided for State programs
     - Established significant penalties for
      permit violations
      Clean Water Act of 1977

   • Shifted focus from conventional
     pollutants to toxic pollutants
   • Continued focus on industrial and
     municipal wastewater
     Water Quality Act of 1987

   • Specifies storm water permitting
     requirements
   • Established nonpoint source grant
     program
   • Increased penalties for
     noncompliance
EPA NPDES Storm Water Program Training Course
       1 -6

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Introduction to the Training and Overview
ofEPA's Water Quality Programs	
Module 1
NPDES Statutory Framework
' • All "point" sources
, • "Discharging
i pollutants"
• Into "waters of
the U.S."
Must obtain
an NPDES
~ X | permit from
' EPA or an
authorized
State



       NPDES Permit Program
        A "Point" of Confusion:
   Point Source vs. Nonpoint Source
    • POINT source
      - Discharge from a discrete point into
       waters of the U.S.
      - Travels through a conveyance system
      - Regulated under NPDES permit program
    • NONPOINT source
      - Runoff that is not a point source
      - Largely a voluntary program at the
       Federal level
EPA NPDES Storm Water ProgramTraining Course
       1-7

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Introduction to the Training and Overview
of EPA's Water Quality Programs
Module 1
      Waters of the United States
             40 CFR §122.2

   i AH waters currently used, used in the past,
   or susceptible to use for interstate or
   foreign commerce including all waters
   which are subject to the ebb and flow of
   the tide...
   Examples of "Waters of the US" include:
     - rivers and streams  - sloughs
     • lakes and ponds    - playa lakes
     • tri butanes       - territorial seas
     - wetlands        - others...
    How is Storm Water Regulated
      Under the NPDES Program?

   i Phased approach to regulation
    - Phase I: Regulated discharges from
      MS4s and industrial activity
    - Phase II: Regulated discharges from
      small MS4s and small construction
   > Issuance of permits to regulated
    dischargers
  Storm Water Regulatory History

    • Storm Water Phase I Final Rule
     - November 16,1990
    • Transportation Act of 1991
    • Response to the 9th Circuit Court
     Decision: December 18, 1992
EPA NPDES Storm Water Program Training Course
       1 -8

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Introduction to the Training and Overview
ofEPA's Water Quality Programs	
Module 1
  Storm Water Regulatory History

  • Storm Water Phase II Final Rule
    - December 8,1999
    - addresses other sources to protect water
     quality

  • Developed over four years with
    assistance from a  Federal Advisory
    Committee

  • Over 500 public comments received on
    proposed rule
      Types of NPDES Permits

  i Individual
   -1 application submitted --> 1 permit issued

  i General
   -1 permit issued --> many applications
     submitted
   - Issued on an area-wide (State, watershed,
     etc.) basis
   - Available when:
      • Same or similar operations
      • Discharge same wastes
      Permit Issuance Process
     Individual            General
       j Final Peimit
EPA NPDES Storm Water ProgramTraining Course
       1-9

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Introduction to the Training and Overview
ofEPA's Water Quality Programs	
Module 1
             Enforcement
   • NPDES permits are federally enforceable

   • Violators subject to federal and state
     enforcement actions and penalties

   • Compliance with a permit issued pursuant to
     Section 402 deemed compliance with the
     Clean Water Act
        Permitting Approach:
      Statutory Requirements

    i Industrial Permits
     - Achieve BAT/BCT and WQS

    i MS4 Permits
     - May be issued on a system-wide basis
     - Effectively prohibit non-storm water
       discharges
     - Reduce pollutants to MEP
       Permitting Framework

  • Emphasis on pollution prevention
    - MS4 storm water management plan
    - Industrial and construction storm water
     pollution prevention plans
  • Opportunity to develop priorities based
   on case-specific factors
  • Allows system/jurisdiction wide permits
  • Recognizes industry specific
   characteristics
EPA NPDES Storm Water ProgramTraining Course
       1 -10

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Introduction to the Training and Overview
of EPA's Water Quality Programs	
Module 1
  Who are the Permitting Authorities
     for the Storm Water Program?

   • 43 States and one Territory serve as
    PAs for the NPDES Storm Water
    Program

   • 9 non-delegated States/Territories
    where EPA is the PA include: AK, AZ,
    DC, ID, MA, ME, NH, NM, and PR

   • EPA may still issue permits on
    Indian land and for Federal facilities
    in authorized States
    Who Implements the Program?
         Federal Government
   • Develops regulations under the CWA
   i Acts as permitting authority in non-
    authorized States
   i Complies with regulations
    Who Implements the Program?
          State Government
    • Acts as permitting authority
     where authorized

    • Develops and implements
     additional state-specific program
     requirements

    • Complies with regulations
EPA NPDES Storm Water Program Training Course
       1 -11

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Introduction to the Training and Overview
of EPA's Water Quality Programs	
Module
    Who Implements the Program?
          Regulated Entities

  • Operators of regulated entities
    -MS4s
    - Industrial facilities
    - Construction activities

  • Implementation of permit requirements
      • Additional state requirements
      • Federal regulations
   Storm Water is just a piece of
      the Water Quality Puzzle
  Water Quality Standards (WQS)

  • Set by States, Territories, and Tribes.
  • Identify the uses for each waterbody
   e.g., drinking water supply, swimming,
   or fishing, and the scientific criteria to
   support that use.
  • WQS provide goals for water quality
   restoration and protection
    - http://www.epa.gov/ost/standards/
EPA NPDES Storm Water Program Training Course
       1 -12

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Introduction to the Training and Overview
ofEPA's Water Quality Programs	
Module 1
         Effluent Guidelines

    i Provide national, minimum
     discharge standards for over fifty
     major industries
    i Implemented through NPDES
     permits

    i http://www.epa.gov/ost/guide/
     Sanitary Sewer Overflows

  • Discharges of raw sewage from
    municipal sanitary sewer systems
  • Occur due to problems such as limited
    capacity and infiltration
  • EPA will soon propose a rule to
    address SSOs through conditions in
    NPDES permits
  • http://www.epa.gov/owm/sso.htm
    Combined Sewer Overflows
  • Combined Sewer Systems are not
   addressed by SW program
  • CSS serve roughly 950 communities with
   about 40 million people
  • CSOs contain not only storm water but
   also untreated human and industrial
   waste, toxic materials, and debris
  • CSO Control Policy (published 1994)
  • http://www.epa.gov/owm/cso.htm
EPA NPDES Storm Water ProgramTraining Course
       1-13

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Introduction to the Training and Overview
of EPA's Water Quality Programs	
Module 1
     Total Maximum Daily Load
          (TMDL) Program

   i A TMDL is a calculation of the
   maximum amount of a pollutant that a
   waterbody can receive and still meet
   water quality standards, and an
   allocation of that amount to the
   pollutant's sources.

   - http://www.epa.gov/owow/tmdl/
      Nonpoint Source (NPS)
       Management Program

    i NPS Program encourages voluntary
     adoption of BMPs
    i Section 319 provides grant funds to
     States, Territories and Indian Tribes
    i Coastal Nonpoint Pollution Control
     Program addresses NPS problems in
     coastal waters
     - http://www.epa.gov/owow/nps/
EPA NPDES Storm Water ProgramTraining Course
       1 -14

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NPDES Storm Water Program Training Course	Glossary of Common Terminology
                       Glossary of Common Terminology
ABBREVIATIONS:
BAT   Best Available Technology Economically Achievable (applies to non-conventional and toxic pollutants)
6CT   Best Conventional Pollutant Control Technology (applies to conventional pollutants)
BMP   Best Management Practice
BMR   Baseline Monitoring Report
BOD5  5-day Biochemical Oxygen Demand
BPJ   Best Professional Judgment
BPT   Best Practicable Control Technology Currently Available (generally applies to conventional pollutants and
       some  metals)
CFR   Code  of Federal Regulations
CGP   Construction General Permit
COD   Chemical Oxygen Demand
CSO   Combined Sewer Overflow
CWA   Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution
       Control Act Amendments of 1972)
CZARA Coastal Zone Act Reauthorization Amendments
D.O.   Dissolved Oxygen
DMR   Discharge Monitoring Report
ELG   Effluent Limitations Guidelines
EPA   Environmental Protection Agency
FR     Federal Register
MEP   Maximum Extent Practicable
MS4   Municipal Separate Storm Sewer System
MSGP  Multi Sector General Permit
NFIP   National Flood Insurance Program
NOI    Notice of Intent
NOT   Notice of Termination
NOV   Notice of Violation
NPDES National Pollutant Discharge Elimination System
NPS   Non-point Source
O&M   Operation and Maintenance
OW    Office of Water
OWM  Office of Wastewater Management
PA     Permitting Authority
POTW  Publicly Owned Treatment Works
SIC    Standard Industrial Classification
SRF   State  Revolving Fund
SWAP  Source Water Assessment Program
SWMP  Storm Water Management Plan/Program
SWPPP Storm Water Pollution Prevention Plan
TEA-21  Transportation Efficiency Act for the 21st Century
TMDL  Total Maximum Daily Load
TSS   Total Suspended Solids
UA     Urbanized Area
WET   Whole Effluent Toxicity

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 NPDES Storm Water Program Training Course
Glossary of Common Terminology
 DEFINITIONS;

 Baseline General Permit: The first general permitting option available to regulated industrial facilities
 and large construction activities.  EPA issued the construction baseline general permit on 9/9/92 (57 FR
 41176) and the industrial baseline general permit on 9/25/92 (57 FR 44412). The construction baseline
 general permit has been replaced by the Construction General Permit, issued on 2/17/98 (63 FR 7857).
 The industrial baseline general permit has largely been replaced by the Multi-Sector General Permit,
 issued on 9/25/95 (60 FR 50804).

 Best Available Treatment(BAT)/Best Control Technology (BCT): A level of technology based on the
 very best (state of the art) control and treatment measures that have been developed or are capable of
 being developed and that are economically achievable within the appropriate industrial category.

 Best Management Practices (BMPs): Activities or structural improvements that help reduce the
 quantity and improve the quality of storm water runoff. BMPs include treatment requirements, operating
 procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage
 from raw material storage.

 Buffer Strip or Zones: Strips of grass or other erosion resistant vegetation located between a waterway
 and an area of more intensive land use.

 Catch Basin: An entryway to the storm drain system, usually located at street corners.

 Category (xi) facilities: Specific facilities classified as light industry with equipment or materials
 exposed to  storm water.

 Clean Water Act (Water Quality Act): (formerly the Federal Water Pollution Control Act or Federal
 Water Pollution Control Act Amendments of 1972). Public law 92-500; 33 U.S.C. 1251  et seq.:
 legislation which provides statutory authority for the NPDES program. Also know as the Federal Water
 Pollution Control Act.

 Coastal Zone Act Reauthorization Amendments (CZARA): The Coastal Nonpoint Source Pollution
 Control Program (Section 6217) addresses nonpoint pollution problems in coastal waters. Section 6217
requires the 29 states and territories with approved Coastal Zone Management Programs to develop
Coastal Nonpoint Pollution Control Programs. In its program, a state or territory describes how it will
 implement  nonpoint source pollution controls, known as management measures, that conform with those
described in Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal
 Waters (available at http://www.epa.gov/owow/nps/MMGI/.) This program is administered jointly with
the  National Oceanic and Atmospheric Administration (NOAA).

Conduit: Any channel or pipe used to transport flowing water.

 Conveyance: The process of water moving  from one place to another.

 Culvert: A short, closed (covered) conduit that passes storm water runoff under an embankment, usually
a roadway.  A rectangular or square concrete culvert is referred to as a box culvert.

Detention: A storm water system that delays the downstream progress of storm water runoff in a
controlled manner. This is typically accomplished using temporary storage areas and a metered outlet
device.

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NPP£S Storm Water Program Training Course	Glossary of Common Terminology

Dike: An embankment used to confine or control water. Dikes are often built along the banks of a river
to prevent overflow; a levee.

Discharge: The volume of water (and suspended sediment if surface water) that passes a given location
within a given period of time.

Erosion: When land is diminished or worn away due to wind, water, or glacial ice. Often the eroded
debris (silt or sediment) becomes a pollutant via storm water runoff. Erosion occurs naturally but can be
intensified by land clearing activities such as farming, development, road-building, and timber
harvesting.

Excavation: The process of removing earth, stone, or other materials from land.

Flood: A temporary rise in flow or stage of any watercourse or storm water conveyance system that
results in storm water runoff exceeding its normal flow boundaries and inundating adjacent, normally dry
areas.

Flood  Control: The specific regulations and practices that reduce or prevent the damage caused by storm
water runoff.

General Permit: A permit issued under the NPDES program to cover a certain class or category of storm
water discharges. These permits reduce the administrative burden of permitting storm water discharges.

Grading: The cutting and/or filling of the land surface to a desired slope or elevation.

Holding Pond: A pond or reservoir, usually made of earth, built to store polluted runoff for a limited
time.

Illicit Connection: Any discharge to a municipal separate storm sewer that is not composed entirely of
storm water and is  not authorized by an NPDES permit, with some exceptions (e.g., discharges due to fire
fighting activities).

Industrial Activity: Any activity which is directly related to manufacturing, processing or raw materials
storage areas at an  industrial plant..

Large Municipal Separate Storm Sewer System (MS4): An MS4 located in an incorporated place or
county with a population of 250,000 or more, as determined by the 1990 U.S. Census

Light Manufacturing Facilities: Described  under Category (xi) of the definition of "storm water
discharges associated with industrial activity." [40 CFR 122.26(b)(14)(xi)] Under the Phase I  NPDES
Storm Water Program, these facilities were eligible for exemption from storm water permitting
requirements if certain areas and activities were not exposed to storm water. As a result of the Phase II
Final Rule, these facilities must now certify to a condition of no exposure.

Maximum Extent Practicable (MEP): A standard for water quality that applies to all MS4 operators
regulated under the NPDES Storm Water Program. Since no precise definition of MEP exists, it allows
for maximum flexibility on the part  of MS4 operators as they develop and  implement their programs.

Medium Municipal Separate Storm Sewer System (MS4): MS4 located in an incorporated place or
county with a population of 100,000 or more but less than 250,000, as determined by the 1990 U.S.
Census.

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 NPDES Storm Water Program Training Course
Glossary of Common Terminology
 Municipal Separate Storm Sewer System (MS4): A publically-owned conveyance or system of
 conveyances that discharges to waters of the U.S. and is designed or used for collecting or conveying
 storm water, is not a combined sewer, and is not part of a publicly-owned treatment works (POTW).

 Multi-Sector General Permit (MSGP): An NPDES permit that regulates storm water discharges from
 eleven categories of industrial activities.

 No exposure:  All industrial materials or activities are protected by a storm resistant shelter to prevent
 exposure to rain, snow, snowmelt, and/or runoff.  Industrial materials or activities include, but are not  '
 limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate
 products, by-products, final products, or waste products.  Material handling activities include the storage,
 loading and unloading, transportation, or conveyance of any raw material, intermediate product, final
 product or waste product.

 Non-delegated State: Any State that does not have the authority to implement the NPDES Storm Water
 Program.

 Non-point Source (NPS) Pollutants: Pollutants from many diffuse sources. NFS pollution is caused by
 rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries
 away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal
 waters, and even our underground sources of drinking water.

 Notice of Intent (NOI):  An application to notify the permitting authority of a facility's intention to be
 covered by a general permit; exempts a facility from having to submit an individual or group application.

 NPDES: "National Pollutant Discharge Elimination System" the name of the surface water quality
 program authorized by Congress as part of the 1987 Clean Water Act. This is EPA's program to control
 the discharge of pollutants to waters of the United States (see 40 CFR 122.2).

 O&M  Expenditures: The operating and maintenance costs associated with the continual workings of a
 project.

 Outfall: The point where wastewater or drainage discharges from a sewer pipe, ditch, or other
conveyance to  a receiving body of water.

Permitting Authority (PA): The NPDES-authorized state agency or EPA regional office that
 administers the NPDES Storm Water Program. PAs issue permits, provide compliance assistance, and
 inspect and enforce the program.

Physically interconnected MS4: This means that one MS4 is connected to a second MS4 in such a way
that it allows for direct discharges into the second system.

Point Source Pollutant: Pollutants from a single, identifiable source such as a factory or refinery.

 Pollutant Loading: The  total quantity of pollutants in storm water runoff.

 Qualifying local program: A local, State or Tribal municipal  storm water management program that
 imposes, at a minimum, the relevant requirements of one or more of the minimum control measures
 includes in 122.34(b).

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NPDES Storm Water Program Training Course	Glossary of Common Terminology

Regulated MS4: Any MS4 covered by the NPDES Storm Water Program (regulated small, medium, or
large MS4s).

Retrofit: The modification of storm water management systems through the construction and/or
enhancement of wet ponds, wetland plantings, or other BMPs designed to improve water quality

Runoff: Drainage or flood discharge that leaves an area as surface flow or as pipeline flow. Has reached
a channel or pipeline by either surface or sub-surface routes.

Sanitary Sewer: A system of underground pipes that carries sanitary waste or process wastewater to a
treatment plant.

Sediment: Soil, sand, and minerals washed from land into water, usually after rain. Sediment can destroy
fish-nesting areas, clog animal habitats, and cloud waters so that sunlight does not reach aquatic plants.

Sheet flow: The portion of precipitation that moves initially as overland flow in very shallow depths
before eventually reaching a stream channel.

Site Plan: A graphical representation of a layout of buildings and facilities on a parcel of land.

Site Runoff: Any drainage or flood discharge that is released from a specified area.

Small Municipal Separate Storm Sewer System (MS4):  Any MS4 that is not regulated under Phase I
of the NPDES Storm Water Program.

Stakeholder: An entity that holds a special interest in an issue or program because it is or may be
affected by it.

Standard Industrial Classification (SIC) Code: A four digit number which  is used to identify various
types of industries.

Storm Drain: A slotted opening leading to an underground pipe or an open ditch for carrying surface
runoff.

Storm Water: Precipitation that accumulates  in natural and/or constructed storage and  storm water
systems during and immediately following a storm event.

Storm Water Management: Functions associated with planning, designing, constructing, maintaining,
financing, and regulating the facilities (both constructed and natural) that collect, store,  control, and/or
convey storm water.

Storm Water Pollution Prevention Plan (SWPPP): A plan to describe a process whereby a facility
thoroughly evaluates potential pollutant sources at a site and selects and implements appropriate
measures designed to prevent or control the discharge of pollutants in storm water runoff.

Surface Water: Water that remains on the surface of the ground, including rivers, lakes, reservoirs,
streams, wetlands, impoundments, seas, estuaries, etc.

Total Maximum Daily Load (TMDL): The maximum amount of pollutants which can released into a
water body without adversely affecting the water quality.

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NPDES Storm Water Program Training Course
Glossary of Common Terminology
Tool Box: A term to describe the activities and materials that EPA plans to perform/produce to facilitate
implementation of the storm water program in an effective and cost-efficient manner. The eight
components include: l)fact sheets; 2) guidance documents; 3) menu of BMPs; 4) compliance assistance;
5) information clearing house; 6) training and outreach efforts; 7) technical research; and 8) support fqr
demonstration projects.

Urbanized Area (UA): A Bureau of the Census determination of a central place (or places) and the
adjacent densely settled surrounding territory that together have a minimum residential popuiation of
50,000 people and a minimum average density of 1.000 people/square mile.

Urban Runoff: Storm water from urban areas, which tends to contain heavy concentrations of pollutants
from urban activities.

Watershed: That geographical area which drains to a specified point on a water course, usually a
confluence of streams or rivers (also known as drainage area, catchment, or river basin).

Wet Weather Flows: Water entering storm drains during rainstorms/wet weather events.

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                            40% Evapotranspiration
    25% Shallow Infiltration
                                                                           38% Evapotranspiration
                           25% Deep
                           Infiltration
         Natural Ground Cover
                             35% Evapotranspiration
      35% - 50% Impervious Surface
                                          10% - 20% Impervious Surface
                                                                          30% Evapotranspiration
                                         75% -100% Impervious Surface
   Changes in runoff flow resulting from increased impervious area (NC Oept. of Nat. Res. and
   Community Dev.. in Livingston and McCarron. 1992.)
                                _          _                	  Pre-development
                             ;  Higher and      ^                           «  * j    •       *
                             !  More Rapid Peak |               	Post-development
                           ^ I  Discharge       \
                           f\
                            \                        Small Storm
in

rx

1
LL
LLJ
DC

CO
Large Storm     / ^
                       VJMore Runoff Volume i

                        t

                         y    Lower and Less
                        1  • •— Oarjjd Peak
  * -
  l\

/\
                                     TIME
  Changes in stream hydrology as a result of urbanization (Schueler. 1992).

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                     NPDES Storm Water Program Regulatory Overview

Congress
Authorizes creation of an NPDES Storm Water Program
under the Clean Water Act (amends the Statute).
i
r
EPA Headquarters
Develops the NPDES Storm Water Regulations
authorized by the CWA and oversees the administration of
the NPDES Storm Water Program by EPA Regions and
NPDES-authorized States.
1

             EPA Regions
         Administer program where
           states are not NPDES-
                authorized:
           *   Issue permits
           •   Provide compliance
              assistance
           *   Inspect and enforce
                                                                NPDES-Authorized
                                                               State Water Pollution
                                                                 Control Agencies
                                                                  Adminster program:
                                                                 •   Issue permits
                                                                 •   Provide compliance
                                                                    assistance
                                                                 •   Inspect and enforce
                                           Regulated Entities
                               Obtain an NPDES storm water discharge permit and
                               implement storm water management plans/programs
                                          as required by the permit.
            Municipalities/MS4s
                                industrial Facilities
                                       Construction Activities
  Phase I
Large and medium MS4s
40CFR122.26(b)(4)and
(7)
Ten categories of industrial activity
40 CFR 122.26(b)(14)(i)-(ix) and (xi)
Construction activities disturbing 5 or
greater acres
40CFR122.26(b)(14)(x)
  Phase
Regulated small MS4s
(waivers available)
122.32(a)
Revised no exposure exclusion for
facilities regulated under Phase I
122.26(g)

Industrial activities operated by
municipalities of less than 100,000 *
Small construction activities disturbing
equal to or greater than 1 acre and less
than 5 acres (waivers available)
122.26(b)(15)
1. Ail such activities (except airports, uncontrolled sanitary landfills, and power plants) were previously exempted from the original Phase I application
deadline.

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Storm Water Program Timeline
ACTIVITY
Regulated industrial dischargers must submit No Exposure
Certification or apply for permit coverage in States where EPA is
the NPDES permitting authority
Submission of No Exposure Certification
NPDES permitting authority determines designation of small MS4s
located outside of an urbanized area that serve a jurisdiction with
a population of 10,000 and population density of 1,000
NPDES permitting authority determines waivers for regulated
small MS4s in urbanized areas
NPDES permitting authority issues general permits for regulated
small MS4s and small construction activity
Operators of regulated small MS4s and small construction activity
designated by the rule must obtain permit coverage
Operators of regulated small MS4s and small construction activity
designated by NPDES permitting authority must obtain permit
coverage
Temporarily exempted municipal operators of industrial activity
must obtain permit coverage (ISTEA moratorium)
The NPDES permitting authority may phase in coverage for small
MS4s serving jurisdictions with a populations less than 10,000 on
a schedule consistent with a State watershed permitting approach
The regulated small MS4s must fully implement their storm water
management programs
Re-evaluation of the Phase II small MS4 regulations by EPA
NPDES permitting authority determination on a petition for
designation of a non-regulated storm water discharger
DEADLINE
February 7, 2000
Every 5 years
By December 9, 2002; or by
December 8, 2004 if applying
designation criteria on a
watershed basis
By December 9, 2002
By December 9, 2002
By March 10, 2003
Within 180 days of notice
By March 10, 2003
Completion of phase-in by
March 8, 2007
By the end of the first permit
term - typically a 5-year period
By December 201 2
Within 180 days of receipt

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                        Module 2
         The NPDES Industrial Storm Water Program





                   [Slides and Handouts]
1

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The NPDES Industrial Storm  Water Program
Module 2
               Module 2
        The NPDES Industrial
        Storm Water Program
          The NPDES Industrial
          Storm Water Program
    + What does the program cover?

    4- What are current industrial application
      options?

    4 What requirements does an industrial
      permit contain?

    4- Can a facility be exempt from permitting
      requirements under this program?
  Discharge of Storm Water Associated
         with Industrial Activity
     4 Definition found at 40 CFR
     4-11 categories of industrial activities

     4 Related to manufacturing, processing, or
       materials storage areas

     4 Includes Federal, State, and municipally-
       owned and operated facilities
EPA NPDES Storm Water Program Training Course
      2-1

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The NPDES Industrial Storm  Water Program
                                                           Module 2
       Regulated Industrial Activities
        Facilities Subject
        to Standards (i)
        Heavy
        Manufacturing (ii)
        Mining/Oil and
        Gas (iii)
        Hazardous Waste
        Facilities (iv)
        Landfills (v)
Recycling
Facilities (vi)
Steam Electric
Power Plants (vii)
Transportation
Industries (viii)
Sewage Treatment
Plants (ix)
      Regulated Industrial Activities:
                Construction
    4- Found under Category (x)
    4- Land Disturbance of five or more acres
       . Clearing, grading or excavation
    4- Activities part of a larger common plan
      of development
       • Multiple activities within a contiguous area
       • Includes activities taking place on different
        schedules
      Regulated Industrial Activities:
           Light Manufacturing
      4- Found in Category xi


      4- Identified by SIC code


      4- "No Exposure"
EPA NPDES Storm Water Program Training Course
                                                                  2-2

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The NPDES Industrial Storm Water Program
Module 2
  What is the "No Exposure" Provision?
    •*• Original no exposure exemption
       • Only available to Category (xi) facilities with
        no exposure
       • No certification required
    + 9th Circuit Court Decision
       . Remanded for further rulemaking
    + Final Phase II Rule
       • No exposure provision
         — Applies to al! Categories, except construction
         — Requires certification of no exposure
        How Does  the No Exposure
            Certification Work?
      4- EPA's No Exposure Form asks a series
        of Yes/No questions to help determine
        if no exposure exists
         • May submit only if answer "no" to all
         • Applies in States where EPA is the
          permitting authority

      4- NPDES-authorized States will adopt
        own form after updating State rules
     How Do I Determine If an Industrial
     Facility Needs a Storm Water Permit?
    •f Does the facility have a storm water
      discharge to Waters of the U.S. or an
      MS4?

    4- Is the industrial activity described in
      the regulations?

    4- Does the facility qualify for a
      conditional exemption?
EPA NPDES Storm Water Program Training Course
       2-3

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 The NPDES Industrial Storm Water Program
Module 2
       ISTEA Exempted Municipally
        Operated Industrial Sources
   + Intermodal Surface Transportation Efficiency
     Actofl 991

   •*• Delayed permitting for industrial activities
     operated by municipalities with populations less
     than 100,000

   + Phase II set the deadline to obtain permit
     coverage to be no later than 3 years and 90 days
     from publication of the rule- March 2003
      What Industrial Permit Options
          are Currently Available?
   + Individual Permit
      • Depends on the state in which a facility is
        located

   •+• General Permit
      • EPA permitted states:
         - Multi-Sector General Permit (MSGP)
         — Submit a Notice of Intent (NOI) for coverage
      • Authorized NPDES states:
         - Applicable general permit
    EPA's Multi-Sector General Permit
                   (MSGP)
      + Developed using industry-specific data
        from previous permit application process

      •*• Consolidated industry data into 29
        industry sectors with tailored
        requirements

      + Focuses on development and
        implementation of storm water pollution
        prevention plans
EPA NPDES Storm Water Program Training Course
       2-4

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 The NPDES Industrial Storm Water Program
Module 2
             MSGP History
        + Issued on 9/29/95 (60 FR 50804)

        4- Corrected/modified five times
           . 2/9/96 (61 FR 5248)
           . 2/20/96 (61 FR 6412)
           . 9/24/96 (61 FR 50020)
           . 8/7/98 (63 FR 42534)
           . 9/30/98 (63 FR 52430)
          Contents of the MSGP
   4- Notification requirements
   4- Special conditions and requirements
   4 Storm Water Pollution Prevention Plan
     (SWPPP)
   4 Numeric effluent limitations
   4 Monitoring and reporting
   4 Specific requirements for industrial
     activities
EPA NPDES Storm Water Program Training Course
      2-5

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The NPDES Industrial Storm Water Program
Module 2
     MSGP Monitoring Requirements
      + Three types of monitoring
        • Visual examinations
        * Analytical (chemical) monitoring
        • Compliance monitoring

      •*• Basic Regulatory Requirements
        * 40 CFR Part 136 methods
        • Representative storm event
            Visual Monitoring
     + Quarterly examination of discharges
        • Color
        • Odor
        • Solids
        • Foam
        • Sheen
     •*• No analytical tests
     + Results submitted only if requested
   Analytical "Benchmark" Monitoring
   4- Required only for certain industry sectors/sub-
     sectors
      . Table S-I of the MSGP
      • More than one sector may apply

   4- Quarterly sampling required in years two and
     four of the permit
      • Low concentration waiver

   4 Required to submit results
      • One DMR form per event

   4- No "limitations" applied
EPA NPDES Storm Water Program Training Course
       2-6

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The NPDES Industrial Storm Water Program
Module 2
           Compliance Monitoring
   4 Required annually for facilities subject to
     numeric effluent limitations

   4- Grab samples within the first hour of
     discharge
      *  Prior to mixing with other discharges

   4- Required to submit results
      •  One DMR form per storm event sampled
           Alternate Certification
   4 Exempts facilities from analytical
      monitoring requirements
      • If no sources of a pollutant are exposed to
        storm water
      • Pollutant-by-pollutant and outfall-by-outfall
        basis
      • Not available for compliance monitoring

   4- Certification retained onsite and submitted
      to the permitting authority
    Representative Discharge Provision
      4- Applicable to analytical and visual
        monitoring requirements
         • Compliance monitoring not eligible

      4 Discharge from one outfall may
        represent discharge from other outfalls
         • Consideration of several factors
         * Quantitative data applies to other outfalls

      4 Required to document in SWPPP
EPA NPDES Storm Water Program Training Course
       2-7

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 The NPDES Industrial Storm Water Program
Module 2
             Sampling Waivers
      4- Adverse Weather Conditions/
        I n acces s ibility/Clim atic
        * Allows substitute samples
        • No prior approval required
      4 Unstaffed and Inactive Sites
        • Analytical Monitoring Waiver
        * Visual Examination Waiver
        • No prior approval required
      + No Representative Storm Event
       How Does a Facility Apply for
        Coverage Under the MSGP?
   4 SWPPP in place prior to NOI submittal
   4- Complete ESA and NHPA screening
   4- Complete and submit NOI form
      • Facility information and certifications
      » MS4 notification
      • Deadlines
   4- Use a Notice of Termination (NOT) to
     discontinue coverage
         Endangered Species Act
              and the MSGP
     4- Permittees must certify on the NOI
       that no impacts to endangered
       species are likely or have previous
       ESA authorization for adverse
       effects

     4- Addendum H of MSGP
        • ESA certification instructions
        * County-by-county list of species
EPA NPDES Storm Water Program Training Course
       2-8

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The NPDES Industrial Storm Water Program
Module 2
  National Historic Preservation Act and
                the MSGP
   •f Must certify:
      • That discharges do not affect property that is
        listed, or eligible for listing, under the NHPA;
        or
      • That facility can obtain, and maintain
        compliance with, a written agreement with the
        State or Tribal Historic Preservation Officer
   •f New Addendum I in 9/30/98 modifications
     contains guidance
           Where Can a Facility
            Obtain Resources?
     •f List of guidances available in handouts

     + Contact EPA's Water Resources Center
           - 202.260.7786 (phone)
           -202.260.0386 (fax)
           — center, water-
            resources@epa.gov

     *• www.epa.gov/owm/sw

     + Contact your EPA Regional Office
EPA NPDES Storm Water Program Training Course
       2-9

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Reissuing the Multi-Sector General Permit
Module 2b
        Module 2-B
        Re-issuing the Multi-Sector
             General Permit
      95 MSGP Problems/Complaints
      Too long
      Too complicated
      Too confusing
      Difflculty/cost/value of benchmark
      monitoring
      Permit administration problems
            MSGP-2000 Goals
      Make it easier for "Mom & Pop" to
      understand and therefore comply
      Reduce complexity and redundancy
      Make easier to administer
     • Make easier to enforce
     + Update as necessary
     + Keep basics of 1995 permit (as
      modified)
EPA NPDES Storm Water Program Training Course
       2b-1

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Reissuing the Multi-Sector General Permit
Module 2b
                Ease of Use
        Plain English"
       Full "family" paragraph numbering
       (old format "e" in Part I.B.3 = 1.2.3.5)
      + Clarified requirements
      + Simplified Notice of Intent Form
      + Plans for "Users Guide"
      * Accommodates electronic NOI/DMR
       when (if) available
          Complexity/Redundancy
       Consolidated "common" and
       redundant "sector" requirements
       Cut permit size to 1/2
       Cut Fact Sheet/Permit to 1/5
       Clarified numerous requirements
              Administration
       Areas of coverage clarified
       NOI improved for less errors and
       better tracking
     + Eligibility conditions clarified
     + Reapplication clarified
     * Accommodates "No Exposure"
     + Switching from individual permit
       clarified
EPA NPDES Storm Water Program Training Course
        2b-2

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Reissuing the Multi-Sector General Permit
Module 2b
         Compliance Enhancements
       Mechanism to help assess eligibility
       Compliance & monitoring dates
       Must have copy of permit with SWP3
      + Numerous links to Web sites for
       more information/resources
                   Updates
       New landfill guidelines
       Non-storm water
       Addresses discharge of solid materials
       and floating waste, offstte-tracking, and
       blown dust
      + NOT deadline added
      » Inactive mines on Federal lands eligible
      + Additional BMPs for sectors S, T & Y
       Anyone have a better idea on
         benchmark monitoring???
       Goals:
        • Identify potential problems
        • Assess effectiveness of the SWPPP
       Possible Alternatives (pg 17030):
        • annual report on pollution control activities
        - group monitoring
        • limit monitoring to WQ-impacted waters
        ' simpler test methods or visual monitoring
        • environmental indicators
EPA NPDES Storm Water Program Training Course
        2b-3

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Reissuing the Multi-Sector General Permit
Module 2b
        Areas most likely to change
       TMDL/303(d) eligibility details

       Monitoring

     «• ESA & NHPA eligibility & instructions

     + 401 certification conditions
                  Timeline
       Proposed - March 30, 2000

     + Comment period - 60 days (May 30th)

     + Finalize - September 2000
               RESOURCES
       www.e pa.gov/owm/s w/in d ustry/msg p/
       (look for link to MSGP2000)

       www.epa.gov/region6/sw/
EPA NPDES Storm Water Program Training Course
        2b-4

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                         THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-92)
                                       See Reverse for Instructions
                                                                                       Form Approved.   OMB NO. ZMO-OOSS
                                                                                                        Approval expires S-31-9B
 NPDES
 FORM
            vvEPA
                                                            United States Environmental Protection Agency
                                                                      Washington, DC 20460
                                         Notice of Intent (NO!) for Storm Water Discharges Associated with Industrial
                                               	Activity Under a NPDES Permit             	
       lion of this Notice of Intent constitutes notice that the party identified in Section II of this form intends to be authorized by a NPDES permit Issued for
       iter discharges associated with industrial activity in the State identified in Section 111 of this form Becoming a permittee obligates such discharger to
     ission i
__    water discharges associated i          	,... _             __           .    _  .    	   «,-r-   	~	  	*--—
comply with the terms and conditions of the permit. ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.          	
I. Permit Selection: You must indicate the NPDES Storm Water general permit under which you are applying for coverage. Check one of these.
                 Baseline   [^^                  Baseline     [^^                  Multi-Sector   f^^
                 Industrial   |	|                  Construction  |	P                  (Group Permit) |	P
II. Facility Operator Information

 Name:   I  i  i   i  i  i   i

 Address: I  i  i   r  i  i   t

 City:
                                                    i   i  i   i  i   i  i  i   i  i   i   i  i   I Phone:!  i   i   I  i   i   I
                                         i  i   i  i
                                                                                                 Status of
                                                                                                 Owner/Operator:
          I
                                                                 i  I  State: I   .  \    ZIP Code: I   i   .
III. Facility/Site Location Information

 Name:   I  i  i   i  i   i  i  i   i
 Address:
 City:
                                                                                                Is the facility located on
                                                                                                Indian Lands? (Y or N)
                                                                     J State: I   i   I ZIP Code: L
 Latitude: I  i   I  i   I   i  I Longitude:!   i  i   I  i  I   i  [Quarter:!   i  I Section:!   i  I Township:|_
                                                                                                    J  Range:l
IV. Site Activity Information

 MS4 Operator Name: I   it

 Receiving Water Body: I   i   i
   rou are filing as a co-permittee,
     r storm water general permit number
                    Primary: |_
                                      J
                                             2nd:|_
J
SIC or Designated
Activity Code:

Is the facility required to submit monitoring data? (1, 2, 3, or 4)    I

If You Have Another Existing NPDES.                         ,
Permit, Enter Permit Number:       I—I—I—I—!—I—I—I—I—I
            Multi-Sector Permit Applicants Only:
Based on the instructions provided in Addendum H of the
Multi-Sector permit, are species identified in Addendum H
in proximity to the storm water discharges to be covered
under this permit, or the areas of BMP construction to
control those storm water discharges? (Y or N)
Will construction (land disturbing activities) be conducted
for storm water controls? (Y or N)
Is applicant subject to and in compliance with a written
historic preservation agreement?  (Y or N)
V. Additional Information Required for Construction Activities Only
 Project Start Date:      Completion Date:
    '                                       Estimated Area to be
 I   i  I   i   I  i  I     I  i   I  i   I   i  I     Disturbed (in Acres):
                                                                               Js the Storm Water Pollution Prevention Plan __
                                                                              . in compliance with State and/or Local     I   I
                                                                             J sediment and erosion plans?  (Y or N)     I	P
VI. Certification:
                The certification statement in Box 1 applies to
                The certification statement in Box 2 applies on
                                                           applicants.
                                                          to facilities applying for the Multi-Sector storm water general permit.
BOX1
          ALL APPLICANTS
I certify under penalty of law that this document
and all attachments were prepared under my
direction or supervision in accordance with a
system designed to  assure that qualified
personnel properly gather and evaluate the
information submitted. Based on my inquiry
of the person or persons who manage the
system, or those persons directly responsible
for gathering the information, the information
submitted is, to the best of my knowledge and
belief,  true, accurate, and complete.  I am
aware that there are significant penalties for
   rnitting false  information, including the
   sibility of fine and imprisonment for knowing
   ations.
                                        BOX 2
                                                  MULTI-SECTOR STORM WATER GENERAL PERMIT APPLICANTS ONLY:
                                         I certify under penalty of law that I have read and understand Part I.B. eligibility requirements
                                         for coverage under the Multi-Sector storm water general permit, including those requirements
                                         relating to the protection of species identified in Addendum H.
                                         To the best of my knowledge, the discharges covered under this permit, and construction of
                                         BMPs to control storm water run-off, are not likely to and will not likely adversely affect any
                                         species identified in Addendum H of the Multi-Sector storm water general permit or are otherwise
                                         eligible for coverage due to previous authorization under the Endangered Species Act.
                                         To the best of my knowledge, I further certify that such discharges, and construction of BMPs
                                         to control storm water run-off, do not have an effect on properties listed or eligible for listing
                                         on the National Register of Historic Places under the National Historic Preservation Act, or are
                                         otherwise eligible for coverage due to a previous agreement under the National Historic
                                         Preservation Act.
                                         I understand that continued coverage under the Multi-Sector general permit is contingent upon
                                         maintaining eligibility as provided for in Part I.B.
Print Name: I
                                                                                                 Date: I  t   I  i   I
Signature:.
EPA Form 3510-6 (8-98)

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                                                          Instructions - EPA Form 3510-6
                      Notice Of Intent (NOI) For Storm Water Discharges Associated With Industrial Activity
                                               To Be Covered Under a NPDES General  Permit
 Who Must File A Notice Of Intent (NOi) Form

 Federal law at 40 CFR Part 122 prohibits point source discharges of storm water associated
 with industrial activity to a water body(ies) of the U.S. without a National Pollutant Discharge
 Elimination System (NPDES) permit The operator oi an industrial activity that has such
 a storm water discharge must submit a NOI to obtain coverage under a NPDES Storm
 Water General Permit. If you have questions about whether you need a permit under the
 NPDES Storm Water program, or if you need information as to whether a particular
 program is administered by EPA or a state agency, telephone or write to the Notice of
 Intent Processing Center at (703) 931 -3230.


 Where To File NOI Form

 NOIs must be sent to the following address:

                     Storm Water Notice of Intent (4203)
                     401 M Street, S.W.
                     Washington, DC  20460


 Completing The Form

 You must type or print, using upper-case tetters, in the appropriate areas only. Please
 place each character between the marks.  Abbreviate if necessary to stay within the
 number of characters  allowed for each item. Use one space for breaks between words,
 but not for punctuation marks unless they are needed to clarify your responses. If you
 have any questions on this form, call the Notice of Intent Processing Center at (703) 931-
 3230.


 Section I  Permit Selection

 You must indicate the NPDES storm water general permit under which you are applying
 for coverage. Check one box only. The Baseline Industrial and Baseline Construction
 permits were issued in September 1992. The Multi-Sector Permit became effective
 October 1,1995.


 Section II Facility Operator Information

 Provide the legal name of the person, firm, public organization, or any other entity that
 operates the facility or site described in this application. The name of the operator may
 or may not be the same as the name of the facility. The responsible party is the legal
 entity that controls the facility's operation, rather than the plant or site manager. Do not
 use a colloquial name.  Enter the complete address and telephone number of the operator.

 Enter the appropriate letter to indicate the legal status of the operator of the facility:
 F =  Federal; S = State; M = Public (other than federal or state); P = Private


 Section III Facility/Site Location Information

 Enter the facility's or site's official or legal name and complete street address, including
city, state, and ZIP code. Do not provide a P.O. Box number as the street address. If
applying for a Baseline Permit and the facility or site lacks a street address, indicate
the state and either the latitude and longitude of the facility to the nearest 15 seconds
or the quarter, section, township, and range (to the nearest quarter section) of the
 approximate center of the  site. If applying for the Multi-Sector Permit Indicate the
 complete street address and either the latitude and longitude of the facility to the
 nearest 15 seconds or the quarter, section, township, and range (to the nearest
quarter section) of the approximate center of the site.

All applicants  must  indicate  whether the facility  is  located on Indian  lands.


 Section IV Site Activity Information

 If the storm water discharges to a municipal separate storm sewer system (MS4), enter
the name of the operator of the MS4 (e.g., municipality name, county name) and the
 receiving water of the  discharge from the MS4. (A MS4 is defined as a conveyance or
system of conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or
operated by a state, city, town, borough, county, parish, district, association, or other
public body  which is designed  or used for collecting or conveying storm water.)

 If the facility discharges storm water directly to receiving water(s), enter the name of the
 receiving water(s).

 If you are filing as a co-permittee and a storm water general permit number has been
 issued, enter the number in the place provided.

 Indicate the monitoring  status of the facility. Refer to the permit for information on monitoring
 requirements. Indicate the monitoring status by entering one of the following:

  1 m Not subject to monitoring requirements under the conditions  of the permit.
  2 » Subject to  monitoring requirements 2Dd required to submit data.
  3 = Subject to  monitoring requirements but QOi required to submit data.
  4 = Subject to  monitoring requirements but submitting certification for monitoring
     exclusion.
List, in descending order of significance, up to two 4-digit standard industrial <
(SIC) codes that best describe the principal products or services provided |	
or site identified in Section III of this application. If you are applying for coverage und_.
the construction general permit, enter CO" (which represents SIC codes 1500-1799).

For industrial activities defined in 40 CFR 122.26(b)(l4)(i)-(xi) that do not have SIC codes
that accurately describe the principal products produced or services provided, use the
following 2-character codes.

MZ =  Hazardous waste treatment, storage, or disposal facilities, including those that
      are operating under interim status or a permit under subtitle C of RCRA [40 CFR
      122.26(b)(14)(iv)J;
LF =  Landfills, land application sites, and open dumps that receive or have received
      any industrial wastes, including those that are subject to regulation under subtitle
      D Of RCRA [40 CFR 122.26(b)(14)(v)];
SE =  Steam electric power generating facilities, including coal handling sites [40 CFR
      122.26(b)(14)(vii)J;
TW = Treatment works treating domestic sewage  or any other sewage sludge or
      wastewater treatment device or system, used in the  storage, treatment, recycling,
      and reclamation of municipal or domestic sewage [40 CFR 122.26(b)(ix)J; or
CO = Construction activities [40 CFR 122.26(b)(l4)(x)].

If there is another NPDES permit presently issued for the facility or site listed in Section
III, enter the permit  number. If an application for the facility has been submitted but no
permit number has been assigned, enter the application number.

Facilities applying for coverage under the Multi-Sector storm water general permit must
answer the last three questions in Section IV. Refer to Addendum H of the Multi-Sector
general  permit for a list of species that are either proposed or listed as threatened or
endangered. "BMP" means "Best Management Practices" that are used to control storm
water discharges.

Indicate whether any construction will be conducted to install or develop storm water
runoff controls.


Section V Additional information Required for Construction
Activities Only

Construction activities must complete Section V in addition to Sections I through IV. Only
construction activities need to complete Section V.

Enter the project start date and the estimated completion date for the entire di
plan.

Provide an estimate of the total number of acres of the site on which soil will be disturbed
(round to the nearest acre).

Indicate whether the storm water pollution prevention plan for the site is in compliance
with approved state and/or local sediment and erosion plans,  permits, or storm water
management plans.


Section VI Certification

Federal  statutes provide for severe penalties for submitting false information on this
application form. Federal regulations require this application to be signed as follows:

Fora corporation: by a responsible corporate officer, which means: (i) president, secretary,
treasurer, or vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision making functions, or (ii) the
manager of one or more manufacturing, production, or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding S25 million
(in second-quarter 1980 dollars), if authority to Sign documents has been assigned or
delegated to  the manager in  accordance with corporate  procedures;

For a partnership or sole proprietorship: by a general partner or  the proprietor: or

For a municipality, state. Federal, or other public facility: by either a principal executive
officer or ranking elected official.


Paperwork Reduction Act Notice

Public reporting burden for this application is estimated to average 0.5 hours per application,
including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding the burden estimates, any other aspect of the collection of
information, or suggestions for improving this form, including any suggestions which may
increase or reduce this burden to: Chief, Information Policy Branch, 2136, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460, or Director, Office of
Information and Regulator Affairs, Office of Management and Budget, Washington, DC

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                         THIS FORM REPLACES PREVIOUS FORM 3510-7 (8-92)      Form Approved. OHBN*
                                        Sea InrtnjcttofM Before ComptoBng This Form                      ****
    NP0ES
     FORM
 "Submission i
               &EPA
                                                                   United States Environmental Protection Agency
                                                                             Washington, DC 20460
                                             Nolle* of Termination (NOT) of Coverage Under a NPDES General Permit for
                                            	Storm Water Discharges Associated with Industrial Activity
          i of this Notice of Termination constitutes notice that the party identified In Section II of this form is no longer authorized to discharge storm water
associated with Industrial activity under the NPDES program.   ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.
  I. Permit Information

.   NPDES Storm Water    ;
i   General Permit Number: I—«—J—i—>—i—>-
                                                       Check Her* if You are No Longer
                                                       the Operator of the Facility:
                                                                                              Cheek Here if the Storm Water
                                                                                              Discharge is Being Terminated:
  II. Facility Operator Information
  Name:
                                                                                                 Phone: L_J   i  I  i  i  I   ;   i   i
  Address:
  City.
                                               L J._j-.. ..L '•   '  '   '   <	I   State:
                                                                                              ZIP Code: i—i—i—J—t_i—i—L_L.
   III. FacUity/Slte Location Information
   Name:
  Address:
              1   t   i   1  L
                                                                              State:
                                                                                               ZIP Code: i   !   5   i   i   i'i  I   i   i   '
Latitude:
                                               I   i   I   )   i Quartan  L_1_J Section:  i   i   I  Township:
                                                                                                                  Range:     I   t   I
  IV. Certification:  I  certify under penalty of law that all storm water discharges associated with industrial activity from the identified facility that are
  authorized by a NPDES general permit have been eliminated or that I am no longer the operator of the facility or construction site.  I understand that by
  submitting this Notice of Termination, I am no longer authorized to discharge storm water associated with Industrial activity under this general permit, and
  that discharging pollutants In storm water associated with Industrial activity to waters of the United States is unlawful under the dean Water Act where
  the discharge is not authorized by a NPDES permit I also understand that the submittal of this Notice of Termination does not release an operator from
  liability for any violations of this permit or the Clean Water Act.
  Print Name:
   Signature:
                                                                                                        Date:   i
                                         Instructions for Completing Notice of Termination (NOT) Form
    Who May File a Notice ef Termination (NOT) Form

    Permittees who are presently covered under an EPA-issued National Pollutant
    Discharge  Elimination System  (NPDES) General  Permit (Including the 1995
    Multi-Sector Permit) for Storm Water Dicharges Associated with Industrial Activity
    may submit a Notice of Termination (NOT) form when thair facilities no longer
    have any storm water discharges associated with industrial activity as defined in
    the storm water regulations at 40 CFR 122.26(b)(14), or when they are no longer
    the operator of the facilities.

    For construction activities, elimination ol all storm water discharges associated
    with industrial activity occurs when disturbed soils at the construction site have
    been finally stabilized and temporary erosion and sediment control measures
   i have been removed or wiD be removed at an appropriate time, or that all storm
    water discharges associated with industrial activity from the construction site that
    am authorized by a NPDES general permit have otherwise been eliminated. Final
    8tabi6zation means that all soil-disturbing activities  at the  site have been
    completed, and that a uniform perennial vegetative cover with a density of 70% ol
    the cover for unpaved areas and areas not covered by permanent structures has
    been established, or equivalent permanent stabilization measures (such as the
    use of riprap, gabions, orgeotextiles) have been employed.
                                                                         Where to Hie NOT Form

                                                                         Send this form to the the following address:

                                                                             Storm Water Notice ol Termination (4203)
                                                                             401 M Street. S.W.
                                                                             Washington, DC 20460


                                                                         Completing the Form

                                                                         Type or print, using upper-case letters, in the appropriate areas only. Please
                                                                         place each character between the marks. Abbreviate If necessary to stay within
                                                                         the number of characters allowed for each item.  Use only one space for breaks
                                                                         between words, but not for punctuation marks unless they are needed to clarify
                                                                         your response.  If you have any questions about this form, telephone or write the
                                                                         Notice of Intent Processing Center at (703) 931-3230.
 FPA Pnrm 3Sin-7 (S-QBl

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                                                              Instructions • EPA Form 3510-7
                                         Notice of Termination (NOT) of Coverage Under The NPDES General Permit
                                              for Storm Water Discharges Associated With Industrial Activity
Section I Permit Information

Enter the existing NPDES Storm Water General Permit number assigned to the
facility  or site identified in Section III.  If you do no! know the permit number,
telephone or write your EPA Regional storm water contact person.

Indicate your reason for submitting  this Notice of Termination by checking the
appropriate box:

      If there has been a change of operator and you are no longer the operator of
     the facility or site identified in Section III, check the corresponding box.

      If all storm water discharges at the facility or site identified in Section III have
      been terminated, check the corresponding box.

Section II Facility Operator Information

Give the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator
may or may not be the same name as the facility. The operator of the facility is the
legal entity which controls the facility's operation, rather than  the plant  or site
manager. Do not use a colloquial name. Enter the complete address and telephone
number of the operator,

Section III  Facility/Site Location Information

Enter the facility's or site's official or legal name and complete address, including
city, state and ZIP  code. If the facility tacks a street address, indicate the state, the
latitude and longitude of the facility to the nearest 15 seconds, or the quarter.
section, township, and range (to the  nearest quarter section) of the approximate
center of the site.
•   Section IV Certification

    Federal statutes provide for severe penalties for submitting false information on this
    application form.  Federal regulations  require this application to be signed as
    follows:

    For a corporation: by a responsible corporate officer, which means: (i) president,
    secretary, treasurer, or vice-president of the corporation in charge of a principal
    business function, or any other person who performs similar policy or decision
    making functions, or (ii) the manager of one or more manufacturing, production, or
    operating facilities employing more than 250 persons or having gross annual sales
    or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority
    to sign documents has been assigned or delegated to the manager in accordance
    with corporate procedures:

    For a partnership or sole proprietorship: by a general partner or the proprietor or

    For a municipality, State, Federal, or other public facility: by either a principal
    executive officer or ranking elected official.

    Paperwork Reduction Act Notice

    Public reporting burden for this application is estimated to average 0.5 hours per
    application, including time for  reviewing instructions, searching existing data
    sources, gathering and maintaining the data needed, and completing and reviewing
    the collection of information.  Send comments regarding the burden estimate, any
    other aspect of the collection of information, or suggestions for improving this form,
    including any suggestions which may increase or reduce this burden to: Chief,
    Information Policy  Branch, 2136, U.S. Environmental Protection Agency, 401
    Street,  SW, Washington, DC  20460,  or Director,  Office  of Information
    Regulatory Affairs, Office of Management and Budget, Washington, DC 20

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SEFA
           United States
           Environmental Protection
           Agency
            Office of Water
            (EN-336)
EPA 833-R-92-002
October 1992
Storm Water Management
For Industrial Activities
              :
Developing
Pollution Prevention Plans
And Best Management
Practices
                                  * I 9 9 2 *
                                  THEY£AROF
                                  GLEAN WATER

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                                    FOREWORD
This booklet provides industrial facilities with summary guidance on the development of storm
water pollution prevention plans and identification of appropriate Best Management Practices
(BMPs).  It provides technical  assistance and support to all  facilities subject to pollution
prevention requirements established under National Pollutant Discharge Elimination System
(NPDES) permits for storm water point source discharges.

EPA's storm water program significantly expands the scope and application of the existing
NPDES  permit system for  municipal and  industrial  process wastewater  discharges.  It
emphasizes pollution prevention and reflects a heavy reliance on BMPs to reduce pollutant
loadings and improve water quality.  This booklet provides summary guidance in both of these
areas.

The document summarized here was issued in support of EPA regulations and policy initiatives
involving the development and implementation of a  National storm water program.  The
document itself is Agency guidance only.   It does not establish or affect legal rights or
obligations.  Agency decisions in any particular case will be  made applying the laws and
regulations on the basis of specific facts when permits are issued or regulations promulgated.

The document and this booklet  will be revised and expanded periodically to reflect additional
pollution prevention information and data on treatment effectiveness of BMPs.  Comments
from users will  be  welcomed.  Send  comments to U.S.  EPA.  Office of Wastewater
Enforcement  and Compliance, 401  M  Street,  SW, Mail Code EN-336, Washington,  DC
20460.

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                       industrial Guidance Executive Summary

                                 Table of Contents
                                                                             Page

Overview of Pollution Prevention Plan Requirements  	1
Figure - Seven Phases for Developing and Implementing
Industrial Storm Water Pollution Preventions Plans	2

Planning and Organization Phase	 3
(A)  Forming Your Pollution Prevention Team  	3
{B)  Building on Existing Environmental Management Plans  	3

Assessment Phase	 5
(A)  Developing a Site Map	 5
(B)  Materials Inventory	 5
(C)  Identifying Past Spills and Leaks	6
(D)  Non-Storm Water Discharges	6
(E)   Existing Monitoring Data	7
(F)   Site Evaluation Summary	7

BMP Selection and Plan Design Phase  	8
(A)  Good Housekeeping  	 8
(B)  Preventative Maintenance  	 8
(C)  Visual Inspections	 9
(D)  Spill Prevention and Response	9
(E)  Sediment and Erosion Control   	  10
(F)   Management of Runoff  	  10

implementation Phase	  11
(A)  implementing Appropriate Controls	  11
{B)  Employee Training	 .  11

Evaluation Phase	  12
(A)  Annual Site Compliance Evaluation	  12.
(B)  Recordkeeping and Internal Reporting	  12
(C)  Plan Revisions  	  12

General Requirements	  13
(A)  Deadlines for Ran Development and Implementation	13
(B>  Required Signatures  	,	  13
(C)  Plan Location and Public Access	  14
(D)  Director-Required Plan Modifications	  14

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                        Industrial Guidance Executive Summary

                            Table of Contents (Continued)
                                                                             Page
 Special Requirements	  15
 (A)  Special Requirements for Discharges Through Municipal Separate
     Storm Sewer Systems	  15
 (B)  Special Requirements for EPCRA, Section 313, Reporting Facilities  	15
 (C)  Special Requirements for Salt Storage Piles	T5

 Other References	-.-..—	  16

 Worksheet #1 - Member Roster
 Worksheet #2 - Developing A Site Map
 Worksheet #3 - Material Inventory
 Worksheet #3A - Description of Exposed Significant Material
 Worksheet #4 - List of Significant Spills and Leaks
.Worksheet #5 - Non-Storm Water Discharge Assessment and Certification
 Worksheet #6 - Non-Storm Water Discharge Assessment and Failure to Certify Notification

 Model  Plan

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       A BRIEF GUIDE TO  REQUIREMENTS  FOR DEVELOPING  AND IMPLEMENTING
              POLLUTION PREVENTION  PLANS FOR  INDUSTRIAL ACTIVITIES

Storm water runoff is part of the natural hydrologic cycle.  However, human activities, particularly
urbanization, can alter natural drainage patterns and add pollutantsio the rainwater and snowmelt that run
off the earth's surface and enter our Nation's rivers, lakes, streams, and coastal waters.  In fact, recent
studies have shown that storm water runoff is  a major source of the pollutants that are damaging our sport
and commercial fisheries, restricting swimming, and affecting the navigability of many of our Nation's
waters.

The States and many municipalities have been  taking the initiative to manage storm water discharges more
effectively.  Recognizing the importance of this problem. Congress also directed the U.S. Environmental
Protection Agency (EPA) to develop a  Federal program under the Clean Water Act to regulate certain high-
priority storm water sources. The issuance of  storm water discharge permits under the National Pollutant
Discharge Elimination System {NPDES) is a major part of the Agency's efforts to restore and maintain the
Nation's water quality.  Discharges of  storm water runoff from industrial facilities must now be covered by
an NPDES permit. To deal with  the thousands of industrial facilities which are now required to be covered
by storm water permits, EPA strongly  encourages  the use of general permits.  Under the NPDES program, a
general permit authorizes discharges from a number of sources.  To  address storm water discharges from
industrial facilities located in the States and territories that have not been delegated NPDES permitting
authority, EPA issued NPDES General Permits for Storm Water Discharges Associated with Industrial
Activity in the September 9 and  September 25, 1992, Federal Register.  (A complete list of these States
and territories to  which  EPA's permits apply may be found on  page 16 of this document.)

Under the NPDES General Permit for Storm Water Discharges Associated with Industrial Activity, EPA
requires the development and implementation of a pollution prevention plan — designed to reduce pollution
at the source, before  it  can cause environmental problems that cost the public and private sectors in terms
of lost resources  and  expensive  environmental  restoration activities.


                    OVERVIEW OF POLLUTION PREVENTION PLAN REQUIREMENTS

This guide provides background  information on pollution prevention  planning requirements for permittees
under the general permit. As shown on the chart  on the following page, pollution prevention plan
requirements provide  you with a step-by-step process for ensuring that pollutants are not making their way
into the storm water  discharges  from your site. Specifically, the pollution prevention plan requires that you
select and implement Best Management Practices  (BMPs).  BMPs include schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce
the pollution in runoff from your site.  The five major phases of developing a pollution prevention plan are
M> planning and  organization; (2) assessment;  (3)  BMP selection and plan design; (4) implementation; and
(5> evaluation and site inspection.  A set of worksheets and a model plan at the end of the document are
provided to further clarify pollution prevention plan requirements. AH permit holders under EPA's NPDES
General Permit for Storm Water  Discharges Associated with Industrial Activity must meet a number of
general requirements. In addition, permittees who are subject to reporting requirements under Section 313
of the Emergency Planning and Community Right-to-Know Act (EPCRA), (also  known as Title 3 of the
Superfund Amendment  and Reauthorization Act [SARA]), will  have to meet special requirements under
EPA's general permit. These requirements are listed in boxes  throughout this guide, and then elaborated
upon in the final  section.

A more detailed manual on how to develop and implement a pollution prevention plan is available at a
modest cost from the National Technical Information Service.  The manual, titled Storm Water
Management for Industrial Activities:  Developing  Pollution Prevention Plans and Best Management
Practices, provides much more specific information than this brief guide. Instructions for ordering the
detailed manual and a listing of other references that you may find useful can be found at the end of this
guide.
October 1992
Page 1

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               O
               S2
               UJ
               c
               O
               UJ
                                  PLANNING AND ORGANIZATION
                                   • Form Pollution Prevention Team
                                    Review other plans
                                       ASSESSMENT PHASE
                               * Develop a site map
                               • Inventory and describe exposed materials
                               • List significant spills and leaks
                               • Test for non-storm .water discharges
                               • Evaluate monitoring data
                               • Summarize pollutant sources and risks
BMP IDENTIFICATION PHASE
• Baseline BMPs
• Select activity- and she-specific
 BMPs
                                     IMPLEMENTATION PHASE
                                        • Implement BMPs
                                        • Train employees
                                    EVALUATION/MONITORING
                             • Conduct annual site inspection/BMP evaluation
                             • Conduct recordkeeping and reporting
                             • Review and revise plan
                 GENERAL REQUIREMENTS
               • Develop schedule
               • Obtain required signatures
               • Follow plan location and public
                 access requirements
               • 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
October 1992
                                                                                     Page 2

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                                        PLANNING  AND
                                    ORGANIZATION PHASE
  Before you start putting your Storm Water Pollution Prevention Plan together, there are two steps that
  will facilitate the development of your plan. These steps are designed to help you organize your staff
  and make preliminary decisions:  (A)  decide who will be responsible for developing and implementing
  your Storm Water Pollution Prevention Plan, and (B) look at'other existing environmental facility plans
  for consistency and overlap.
(A)  Forming Your Pollution  Prevention Team

As part of developing and implementing your pollution plan, you should (1) designate a specific individual
or team who will develop, implement, maintain,  and revise your pollution prevention plan, and (2) identify
these individuals and describe each person's responsibilities at the site.

Since facilities differ in size and capacity, the number of team members will also vary. Designating one
person may  be appropriate as long as that individual is qualified to design and implement the plan. The
plan should identify those people on site who are most familiar with the facility and its operations; these
people, in turn, should provide structure and direction to the storm water management program.   In all
cases, someone in a senior management position must have overall responsibility for the plan.

The pollution prevention team is responsible for the following:

     * Implementing all general  permit and pollution prevention plan requirements

     • Defining and agreeing upon an appropriate set of  goals for the facility's storm water management
       program

     • Being  aware of any changes that are  made in plant operations to determine whether any changes
       must be made to the Storm Water Pollution Prevention Plan

     • Maintaining a clear line of communication with  plant management to ensure a cooperative
       partnership.


Worksheet #1 (located at the end of this guide) is an example of an appropriate form on which to list
the team members. To complete this worksheet,  list the pollution prevention team members by name,
facility position (title), and phone number; include a brief description of each member's specific
responsibilities. Thfs list can be directly incorporated into  the Storm Water Pollution Prevention Plan, but it
should also be displayed or posted within the facility so that other plant employees are aware of  who is
responsible for storm water management.
                                                                                           s

(B)  Building on Existing Environmental Management Plans

The pollution prevention team also must evaluate  existing environmental management plans for
consistency and determine which, if any, provisions can be incorporated into the Storm Water Pollution
Prevention Plan.

Other related plans may include the Preparedness, Prevention and Contingency Plan (40 CFR Parts 264 and
265), the Spill Control and Countermeasures requirements (40 CFR Part 112), the National Pollutant
October 1992
Page 3

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Discharge Elimination System Toxic Organic Management Plan (40 CFR Parts 413, 433, and 469), and
Occupational Safety and Health Administration (OSHA) Emergency Action Plan (29 CFR Part 1910).

Although you should build on relevant portions of other environmental plans as appropriate, it is important
to note that your Storm Water Pollution Prevention Plan must be a comprehensive, stand-alone document.
  ADDITIONAL REQUIREMENTS FOR FACILITIES SUBJECT TO REPORTING UNDER EPCRA, SECTION 313, FOR WATER
  PRIORITY CHEMICALS—EPCRA contains additional reporting requirements for designated hazardous waste
  management facilities. EPA's Baseline General Permit contains the following specific requirements for
  such facilities:

      •  The team must designate a person who will be accountable for spill prevention at the facility
         and identify this person in the plan.

      •  The designated person is responsible for setting up necessary spill emergency procedures and
         reporting requirements to isolate, contain, .and clean up spills and emergency releases of
         Section 313 water priority chemicals.
October 1992
Pago 4

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                                      ASSESSMENT PHASE
  After identifying who is responsible for developing and implementing your plan and organizing your
  planning process, you should proceed to this next step—a pollutant source assessment. This is where
  you take a look at your facility and determine what materials or practices are (or may be) a source of
  contaminants to the storm water running off your site.  To complete this phase, you will (A) create a
  map of the facility site to locate pollutant sources and determine storm water management
  opportunities, (B) conduct a material inventory, (C)  evaluate past spiffs and leaks, (D) identify non-storm
  water discharges and illicit connections, (£} collect or evaluate storm water quality data, and
  (F) summarize the findings of this assessment.  To select the most appropriate and effective control
  measures, consider that potential pollutant sources include areas where  materials are handled or stored,
  outdoor processing areas, loading and unloading areas, and onsite waste management and disposal
  areas.
(A)  Developing a Site  Map

A site map is a complete illustration of site features.  At a minimum, the site map must include information
on the following:

     •  Discharge points ("outfalls")

     •  Drainage patterns

     •  Identification of the types of pollutants likely to be discharged for each drainage area

     *  Direction of flow

     •  Surface water bodies, including any proximate stream, river, lake, or other water body receiving
        storm water discharges from the site

     •  Structural control measures (physically constructed features used to control storm water flows!

     •  Locations of significant materials exposed to storm  water

     •  Locations of industrial activities (such  as fueling stations, loading and unloading areas, vehicle or
        equipment maintenance areas, waste disposal areas, storage areas).

Worksheet #2 (located at the end of this guide) provides guidance on completing your site map.


(B)  Materials inventory

Each facility must inventory the types of materials that are handled, stored,  or processed onsite.
"Significant materials"  are of particular concern and are defined as follows:

     Significant Materials:  Raw materials; fuels; materials such as solvents, detergents, and plastic
     pellets; finished materials such as metallic products; raw materials used in food processing or
     production; hazardous substances designated, under section 101(14) of CERCLA; any chemical,
     the facility is required to report pursuant to EPCRA. Section 313; fertilizers; pesticides; and
     waste products such  as ashes, slag, and sludge that have the potential to be re/eased with
   ' storm water discharges {40 CFR  I22.26tb)(12)j.
October 1992

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To complete the materials inventory, the facility must do two specific tasks:

     *  List materials that have been exposed to storm water in the past 3 years (focus on areas where
        materials are stored, processed, transported, or transferred).-"

     *  Provide a narrative description of methods and location';of storage and disposal areas, materials
        management practices, treatment practices, and any structural/nonstructural control measures.

        -  Structural practices are fixed equipment such as berms, detention ponds, or grassed swales.

        -  Nonstructural practices may include regularly scheduled actions such as sweeping or
          inspections.


Worksheet #3 (located at the end of this guide) will assist you in conducting a material inventory for
your Storm Water Pollution Prevention Plan.  If any of the significant materials on your site have been
exposed to storm water in the 3 years prior to the effective date of your permit, complete Worksheet
#3A and include it in your plan.


(C)  Identifying Past Spills and Leaks

Provide a list of significant spills and leaks of toxic or hazardous that have occurred in the past  3 years.
"Significant spills* includes releases in excess of reportable quantities, defined as follows:

     Reportable Quantity (RQ) Discharge: An RQ release occurs when a quantity of a hazardous substance
     or oil is spilled or released within a 24-hour period of time and exceeds the RQ level assigned to that
     substance under C£RCLA or the Clean Water Act.  These levels or quantities are defined in terms of
     gallons or pounds. Regulations listing these quantities are contained at 40 CFR 302.4, 40 CFR
      117.21 and 4O CFR 110.

Permittees are encouraged to list  spills -and leaks of nonhazardous materials  as well as spills of hazardous
materials in their pollution prevention plans.

Worksheet #4 (located at the end of this guide) can help you organize this list of leaks and spills.  The
areas on your site where significant leaks or spills have occurred are areas on which you should focus very
closely when selecting BMPs.


(D)  Non-Storm Water Discharges

To certify that your facility has been tested or evaluated for non-storm water discharges, you must:

      * Identify potential non-storm water discharges

      * Describe the method used and results of any test and/or evaluation for such discharges

      * Indicate the location of the onsite drainage points that were checked during the test or evaluation

      • Provide the date of the test or evaluation. (If you cannot test or evaluate potential non-storm
        water discharges, notice must still be made by certification.)
 October 1992

-------
Examples of non-storm water discharges include any water used directly in the manufacturing process
(process water), air conditioner condensate, noncontact cooling water, vehicle wash water, or sanitary
wastes.

To check for non-storm water discharges, you can use one of the following three common dry weather
tests: visual inspection; plant schematic review; and/or dye testing.

Worksheet #5 (located at the end of this guide) will assist you in conducting a non-storm water
discharge assessment and certification for outfalls at your site.  If you are unable to test and/or provide
certification for the presence of non-storm water discharges, please refer to Worksheet #6.


(E)  Existing Monitoring Data

Where existing storm water sampling data are available, the facility must (1) provide a summary of any
existing storm water sampling data and (2) describe the sample collection procedures used.


(F)  Site Evaluation Summary

This step is critical, as it will become the foundation for the rest of the Storm  Water Pollution Prevention
Plan.  Facilities must fulfill the following  requirements:

     •  Provide a narrative description of activities with a high potential to contaminate storm water at
        your site, including those associated with materials loading and unloading, outdoor storage,
        outdoor manufacturing or processing, onstte waste disposal, and significant dust or paniculate
        generating activities

     *  Describe any pollutants of concern that may be associated with such activities.


Once you have completed the above steps in your pollutant source assessment, you should have enough
information to determine which areas, activities, or materials may contribute pollutants to storm water
runoff from your site. With this information, you can select the most appropriate BMPs to prevent or
control pollutants from these areas.
October 1992
Page 7

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                                    BMP SELECTION AND
                                     PLAN  DESIGN PHASE
  Once you have identified and assessed potential and existing sources of storm water contamination at
  your facility, the next step is to select the proper Best Management Practices {BMPs). that will address
  these pollutant sources. To satisfy the requirements of this phase, you must provide a narrative
  description of the BMPs you have selected for your site. At a minimum, your plan must incorporate the
  following eight "baseline" BMPs: (A) good housekeeping, (6) preventive maintenance, (C) visual
  inspections, 
-------
 EPCRA, SECTION 313. FACILITY PREVENTIVE MAINTENANCE INSPECTION REQUIREMENTS— 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.
(C)  Visual Inspections

Regular visual inspections are your means to ensure that all of the elements of the plan are in place and
working properly to prevent pollution of storm water runoff from your facility. Consider the following
when conducting visual inspections:

     • Designate qualified, trained  plant personnel to regularly inspect the facility's equipment and areas,
       track results of inspections, make necessary changes, and maintain records of alt inspections

     • Ensure that inspection records note when inspections were done, who conducted the inspection,
       what areas were inspected, what problems were found, and  what steps were taken to correct any
       problems.


These records should be kept with the plan.  EPA's general permit requires that records be kept until at
least one year after coverage  under  the permit expires.



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SPILL RESPONSE PLAN CONSIDERATIONS:

     •  Identify a spill response team to implement the spill response plan.

     •  Identify safety measures.

     *  Include procedures for notifying appropriate authorities (police, fire, hospital, Publicly Owned
        Treatment Works [POTW], etc.) in the event of a spill.

     •  Describe spill containment, diversion, isolation, and cleanup practices.
  EPCRA, SECTION 313, FACILITY SPILL PREVENTION AND RESPONSE REQUIREMENTS—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.
(E)  Sediment and Erosion Control

The facility's pollution prevention plan must identify activities that present a potential for significant soil
erosion and measures taken to control such erosion.  More information on sediment and erosion control
BMPs can be found in the reference section of this guide.


(F)  Management of Runoff

Permittees must describe existing storm water controls found at the facility and any additional measures
that can be implemented to improve the prevention and control of polluted storm water. Examples include:
vegetative swales, reuse of collected storm water, infiltration trenches, and detention ponds.

October 1992
Psfff 10

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                                  IMPLEMENTATION PHASE
  At this point, you have designed your Storm Water Pollution Prevention Plan and the plan has been
  approved by facility management. Under the implementation phase, you must (A) implement the
  selected storm water BMPs, and (B) train all employees to carry out the goals of the plan.
(A)  implementing Appropriate Controls

In implementing the plan, a facility will:

     • Develop a schedule for implementation. For example, your schedule might include a deadline for
       putting improved housekeeping measures into practice. Some controls may be immediately put
       into action; others  will be phased in.                -

     • Assign specific individuals with responsibility for implementing aspects of the plan and/or
       monitoring implementation.

     • Ensure that management approves of your implementation schedule and strategy, and schedule
       regular times for reporting progress to management.
(B)  Employee Training

Permittees must develop an employee training program that covers such topics as spill prevention and
response, good  housekeeping, and material management practices.

The goals of a training program are to teach personnel, at all levels of responsibility, the components and
goals of the storm water pollution prevention plan and to create overall sensitivity to storm water pollution
prevention concerns. The plan must include a schedule for training programs.
  EPCRA, SECTION 313, FACJUTY REQUIREMENTS—There are additional training requirements for employees
  and contractor personnel who work in areas where EPCRA, Section 313, water priority chemicals are
  used or stored. These individuals .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.
October 1992
P»gt 11

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                                      EVALUATION PHASE
  Now That your Storm Water Pollution Prevention Plan has £een put to action, you must keep it up-to-
  date by regularly evaluating the information you collected in the Assessment Phase and the  controls
  you selected in the Plan Design Phase. Specifically, you must (A) conduct site evaluations,  (B) keep
  records of all inspections and reports, and 1C) revise the plan as needed.
(A)  Annual Site Compliance Evaluation

Qualified personnel must conduct site compliance evaluations at appropriate intervals, but at least once a
year (at feast once in 3 years for inactive mining sites). As part of your compliance evaluations, you are
required to carry out the following:

     •  Inspect storm water drainage areas for evidence of pollutants entering the drainage system.

     •  Evaluate the effectiveness of BMPs (for example, determine if your site cleaner or gauge whether
        employees are more familiar with good housekeeping measures and spill prevention/response
        practices).

     •  Observe structural measures, sediment controls, and other storm water BMPs to ensure proper
        operation.

     •  Revise the plan as needed within 2 weeks of inspection, and implement any necessary changes
        within 12 weeks of the inspection.

     •  Prepare a report summarizing inspection results and followup actions, identifying the date of
        inspection and personnel who conducted the inspection.
                                   •h

     •  Sign the report and keep it with the plan.


(B}  Recordkeeping and Internal Reporting

Your facility must record and  maintain records of spills, leaks, inspections, and maintenance.activities for
at feast one year after the permit expires.  For spills and leaks, records should include information such, as
the date and time of the incident, weather  conditions, cause, and resulting environmental problems.


(C)  Plan Revisions   ,

Major changes in a facility's design, construction, operation, or maintenance will necessitate changes in
that facility's  Storm Water Pollution Prevention Plan.
October 1992
P»g* 12

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                                 GENERAL REQUIREMENTS
 This section provides guidance on some of the administrative requirements related to organizing and
 developing your Storm Water Pollution Prevention Plan. The guidance covers (A) deadlines for plan
 development and implementation,  Required Signatures

As with the Notice of Intent (NOD, your plan must be signed by an 'authorized  representative,* who is a
person at or near the top of your facility's management chain (the president, vice president, or a
production manager) who has been delegated the authority to sign and certify this type of document.
October 1992
Pago 13

-------
 EPCRA. Section 313, Facility Plan Certification Requirements—The plan must be reviewed and certified
 by a Registered Professional Engineer and recertified every 3 years or after the plan is significantly
 changed.  This certification that the plan was prepared in accordance .with good engineering practices
 does not relieve  the facility owner or operator of responsibility to prepare and implement the plan,
 however.                                                  ,.                                   5
(C)  Plan Location and Public Access

Although all plans are required to be maintained onsite, some NPDES storm water permits may require that
facilities submit copies of their Storm Water Pollution Prevention Plans to the Director for review. Examine
your permit carefully to determine what submittal requirements apply to your facility. Plans and all
required records must also be kept at least one year after the permit expires.


(0)  Director-Required Plan Modifications

Upon reviewing your plan, the permitting authority may find that it does not meet one or more of the
minimum standards established by the pollution prevention plan requirements.  In this case, the permitting
authority will notify you of the changes that you must make to improve the plan.
October 1992
Page 14

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                                   SPECIAL REQUIREMENTS
  In addition to the minimum 'baseline* BMPs discussed in previous sections, facilities may be subject to
  additional 'special* requirements.  Not all facilities will have to include these special requirements in
  their Storm Water Pollution Prevention Plan. Be sure to cbeck your permit closely for these conditions.
  In particular, EPA's general permit includes special requirements for (A) facilities that discharge storm
  water through municipal separate storm sewer systems, (B) facilities subject to EPCRA, Section 313,
  reporting requirements, and (C) facilities with salt storage piles.
(A)  Special Requirements for Discharges Through Municipal Separate Storm Sewer
     Systems

Industrial facilities that discharge storm water through a large or medium municipal separate storm sewer
system (serving a population of 100,000 or more) must comply with any applicable conditions established
by the municipality's storm water management program. These facilities will be notified by the
municipality.  Examples of conditions could include additional monitoring requirements and/or additional
source control requirements.


(B)  Special Requirements for EPCRA, Section 313, Reporting Facilities

In addition to the other special requirements identified in this guide, the following specific control
requirements 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, culverting, gutters, sewers, or other controls, and/or prevent or minimize
       exposure by covering storage piles).

     * Prevent discharges from  liquid jstorage  areas (store liquid materials in compatible storage
       containers and/or provide secondary containment designed to hold the volume of the largest
       storage tank plus precipitation).

     • Prevent discharges from  material storage areas (install drainage and/or other control measures).

     • Prevent discharges from  loading/unloading areas (use drip pans and/or implement a strong spill
       contingency and integrity testing plan).

     • Prevent discharges from  handling/processing/transferring areas (use covers, guards, overhangs,
       door skirts and/or conduct  visual inspections or leak tests for overhead piping).

     • Prevent discharges from  all the above areas (use manually activated valves with drainage controls
       in ail 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).


(C)  Special Requirements for Salt Storage Piles

Salt storage  piles used for deicing or other commercial purposes must be enclosed or covered to prevent
exposure to storm water (except  when salt is being added or removed from the pile). Please note that
piles do not need to be enclosed  or covered where storm water is not discharged to waters of the United
Sates.  Compliance with this requirement must  be met as expeditiously as practicable, but no later than 3
years after the NOI is submitted.
October 1392
tog* IS

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                                     OTHER REFERENCES
  In addition to this summary, other documents are available to assist in the preparation and
  implementation of pollution prevention plans. These documents include the guidance manual Storm
  Water Management for Industrial Activities.  Developing Pollution Prevention Plans and Best
  Management Practices (EPA 832-R-92-006,  September 1992), which is available from the National
  Technical Information Service [NTIS Order No. PB 922 359 691 at (703) 487-4650.
For any other information and guidance, please call EPA's National Storm Water Hotline at
(703} 821-4823.  From the Hotline, you may obtain numerous documents, including:
     * September 9, 1992, Federal Register (57 FR 41236) - Final NPDES General Permits for Storm
       Water Discharges Associated with Industrial Activity; Notice

       -  Applicability:

          For the States of Alaska, Arizona, Florida, Idaho, Louisiana, Maine, New Hampshire, New
          Mexico, Oklahoma, South Dakota and Texas; for Indian lands located in Alaska, Arizona,
          California, Colorado {including the Ute Mountain Reservation in Colorado), Florida (two tribes),
          Idaho, Maine. Massachusetts. Mississippi, Montana, New Hampshire, Nevada, North Carolina,
          North Dakota, Utah, Washington and Wyoming; for Federal facilities in  Colorado and
          Washington; for Federal facilities and Indian lands in Louisiana, New Mexico, Texas, and
          Oklahoma; and for the territories of Johnston Atoll, and Midway and Wake Island.

     * September 25,  1992,  Federal Register (57 FR 44438) - Final NPDES General Permits for Storm
       Water Discharges Associated with Industrial Activity; Notice

       '-  Applicability:

          For the States of Massachusetts and Puerto Rico; for American Samoa  and Guam; for Indian
          lands located in New York; and for Federal facilities in Delaware.
October 1992
Pay*

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(POLLUTION PREVENTION TEAM
•
MEMBER ROSTER
Leader:
Responsibilities:
Worksheet #1
Completed by: 	
Title:
Date:
Trtie: •..-*
Office Phone:



Members:
m
Responsibilities:
Title:
Office Phone:



L I2)
•
Responsibilities:
Title:
Office Phone:



(3)
Responsibilities:
Titl«:
Office Phone:



(4!
Responsible*:
TWe:
Office Phone:


-------
          DEVELOPING A SITE MAP
Worksheet #2
Completed by:
Title:  	
Date: 	
Instructions: •  Draw a map of your site including a footprint of all buildings, structures, paved areas, and
              parking lots. The information below describes additional elements required by EPA's General
              Permit.
EPA's General Permit requires that you indicate the following features on your site map:

      • All outfalls and storm water discharges

      • Drainage areas of each storm water outfall

      • Structural storm water pollution control measures, such as:

        •  Flow diversion structures
        -  Retention/detention ponds
        -  Vegetative swales
        -  Sediment traps

      * Name of receiving waters (or if through a Municipal Separate Storm Sewer System)

      • Locations of exposed significant materials

      • Locations of past spills and leaks

      • Locations of high-risk, waste-generating areas and activities  common on industrial sites such as:

        *   Fueling stations
        -   Vehicle/equipment washing and maintenance areas
        -   Area for unloading/loading materials
        *   Above-ground tanks for liquid storage
        •   Industrial waste management areas (landfills, waste piles, treatment plants, disposal areas)
        -   Outside storage areas for raw materials, by-products, and finished products
            Outside manufacturing areas
        -   Other areas of concern (specify:	}

-------
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                Exercise I
Identifying Permit Requirements for Industrial
                 Facilities

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        Exercise1:ldentifyingPern^^
For this exercise, you are going to step into the role of a storm water coordinator for an EPA
NPDES permitting authority.  As the storm water coordinator, it is your job to field questions
about the NPDES industrial storm water program from industrial facilities in your region. All the
following questions are from facilities located where EPA is the permitting authority.

Today is your first day on the job as storm water coordinator, and you receive several phone calls
from industrial facilities.  They want to know 1) if they are required to get a storm water permit
under Federal storm water regulations; and 2) what permit requirements they are subject to under
the MSGP.

For each call, answer the following questions to determine your response to the caller's question.
1.   Does the facility have a storm water discharge to Waters of the U.S. or an MS4?

2.   Is the industrial activity described in the regulations? (See "Who is subject to Phase I of the
    NPDES Storm Water Program and needs a permit?")
    us* If yes. under what category?

isr  Is the facility covered under ISTEA?
    "55° Is the facility owned and operated by a municipality with a population of less than
       100,000?
    "5* Is the facility a steam-generating electric plant, airport, or uncontrolled sanitary landfill?

4.   Does the facility qualify for a conditional exemption based on "no exposure"? (See No
    Exposure Certification)

5.   What must the facility do to comply with the industrial storm water regulations?

6.   If this facility applies for storm water permit coverage under the modified MSGP, what is its
    sector? (See Table 1-1 of the proposed MSGP)
                                     CALLER ONE '
Hello? I have a question about industrial storm water permits. I operate a Moose Burgers R Us,
a fast food restaurant, in Maine. The storm water that leaves my parking lot runs into the storm
drains near my restaurant.  Do the storm water regulations affect me?

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Hi. My name is Dee Dee Tea and I own an insecticide manufacturing plant in the District of
Columbia.  I am in charge of complying with environmental regulations for the plant.
Fortunately for me, we aren't subject to storm water effluent guidelines, new source performance
standards, or toxic pollutant standards.  But. I just heard about these storm water regulations.
Even though the storm water that leaves my property drains into the storm drains, I don't think
that these regulations would apply to my plant because we do everything indoors. And I mean
everything  - from the outside of our building you would have no idea of what takes place
indoors.  Am I right that we don't have to do anything?
                                   CALLER THREE
Hi there. I just read about some kind of storm water permit in a newsletter that I receive from
my trade association.  I operate an active 4-acre municipally-owned landfill in Idaho. We are in
a really remote area of Idaho Falls, population 56,356. We are nowhere near the historical
Barnum House or the historical bridge. We receive wastes from households, restaurants,
commercial facilities, and some small industries such as a local furniture manufacturer.  The
leachate from the landfill is treated under our pretreatment program, and goes to the local POTW.
We have runon and runoff controls that meet the RCRA subtitle D requirements. Do I need a
storm water permit, and if I do, what are my permit requirements?
                                   CALLER FOUR
Hello.  1 want to find out what I need to do about the storm water that runs off my property and
into a local river. I own Hunk O'Junk scrap yard in Albuquerque, New Mexico.  We accept all
types of scrap material, including plastics, rubber, iron, and rags. We sort them and distribute
them. In addition to our scrap business, we also manufacture recycled garden hoses out of the
rubber  and plastics we reclaim.  But most of our money comes from junk collecting, sorting, and
distributing to other manufacturers.  Portions of both businesses take place outdoors, and I am
worried about the storm water that washes over the scrap materials and our hose manufacturing
operation into the nearby ditches. I need a permit, right? What else do I need to know?

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     *t£.V
m
Who is subject to Phase I the NPDES Storm
Water Program and needs a permit?

The term "Storm Water Discharges Associated with
Industrial Activity," defined in federal regulations 40 CFR
l22.26(b)(14XiXxi), determined which industrial facilities
    potentially subject to Phase I of the storm water
        . If you are subject to the program you need to
    ily for a permit. The definition uses either SIC (Standard
Industrial Classification) codes or narrative descriptions to
characterize the activities.  You are responsible for
identifying your facility's SIC code. The definition's 11
categories ((i>- (xi)) are listed below. You should review
these 11 categories and decide if your type of facility is
described by any of them (either by SIC code or by
narrative descriptions). Please note that categories iii, viii,
and xi have special conditions, or exceptions (described
below) which may make a facility NOT subject to the
program, and therefore not required to apply, even though
the facility's activity matches one of the SIC codes.

Category (i)
Facilities subject to storm water effluent limitations
guideline, new source performance standards, or toxic
pollutant effluent standards under 40 CFR subchapter N
(except facilities with toxic pollutant effluent standards
which are exempted under category (xi)). These types of
facilities include the following:
40 CFR Subchapter N
405 Daiiy products processing
406 Grain mills
407 Canned & preserved fruits & veg. processing
408 Canned & preserved seafood processing
409 Beet, crystalline & liquid cane sugar refining
410 Textile mills
411 Cement manufacturing 412 Feedlots
414 Organic Chemicals plastics and synthetic fibers
415 Inorganic chemical manufacturing
417 Soap and detergent manufacturing
418 Fertilizer manufacturing
419 Petroleum refining
420 Iron and steel manufacturing
   ] Nonfcrrous metal manufacturing
    Phosphate manufacturing
  !j Steam electric power
424 Ferroallay manufacturing
425 Leather taming and finishing
426 Class manufacturing *
427 Asbestos manufacturing
428 Rubber manufacturing
429 Timber products processing
430 Pulp, paper, and paperboard
431 Builder's paper and board milts
432 Meat products
433 Metal finishing
434 Coal Mining
436 Mineral mining & processing
439 Pharmaceutical manufacturing
440 Ore mining & dressing *
443 Paving and roofing materials
446 Paint formulating
447 Ink formulating
455 Pesticide Chemicals
458 Carbon Black manufacturing
461 Battery manufacturing
463 Plastics molding and forming
464 Metal molding and casting
465 Coil coating
466 Porcelain enameling
467 Aluminum forming
468 Copper forming *
469 Electrical & electronic component
47] Nonferrous metal forming & powders some facilities in
group do not have limits or standards, see 40 CFR
subchapter N to verify.

Category ("')
Facilities classified by the following SIC codes;
SIC Code
    lumber and wood products (except 2434 wood kitchen
  binets, see (xi))
    paper & allied products (except 265 paperboard
containers, 267 converted paper, see (xi))
28  chemicals & allied products (except 283 drugs, see (xi))
29  petroleum £ coal products
3) 9 leather tanning & finishing
32  stone, clay & glass production (except
323 products of purchased glass, see (xi))
33  primary metal industry
3441 fabricated structural metal
373 ship and boat building and repair

Category ("0 Mineral Industry
Facilities classified as SIC codes 10-14 including active or
inactive mining operations (except for areas of coal mining
operations no longer meeting the definition of a reclamation
area under 40 CFR 434.11 (!) because the performance
bond issued to the facility by the appropriate SMCRA
authority has been released, or areas of non-coal mining
operations which have been released from applicable Stale
or Federal reclamation requirements after December 17,
1990), and oil and gas exploration, production, processing,
or treatment operations, or transmission facilities that
discharge storm water contaminated by contact with or thai
has come into contact with I any overburden, raw malerial,
intermediate products, finished products, byproducts or
waste products located on the site of such operations
(inactive mining operations are mining sites that are not
being actively mined, but which  have an identifiable
owner/operator; inactive mining sites do nol include siles
where mining claims are being maintained prior to
disturbances associated with the  extraction, benefication, or
processing of mined materials, nor sites where minimal
activities are undertaken for the sole purpose of maintaining
a mining claim).

SIC Code
10 metal mining (metallic mineral/ores)
12 coal mining
13 oil and gas extraction
14 non-metallic minerals except fuels

Oil and gas operations that discharge contaminated storm
water at any time between November 16,1987 and October
1,1992, and thai are currently not authorized by  an NPDES
permit, must apply for a permit. Operators of oil  and gas
exploration, production, processing, or treatment operations
or transmission facilities, that are not required to submit a
permit application as of October  1,1992 in accordance with
40 CFR 122.26(cXIX»i). but that after October 1,1992
have a discharge of a repottable quantity of oil or a
hazardous substance (in a storm water discharge) for which
notification is required pursuant to either 40 CFR 110.6,
117.21, or-302.6, must apply  for  a permit.

Category (iv) Hazardous Waste
Hazardous waste treatment, scorage. or disposal facilities
including those that are operating under interim status or a
permit under Subtitle C of RCRA.

Category (v) Landfills
Landfills, land application sites, and open dumps that
receive or have received any industrial waste (waste that is
received from any of the facilities described under
categories (i) - (xi)) including those that are subject to
regulations under Subtitle D of RCRA.

Category (vi)
Facilities involved in the recycling of materials, including
metal scrap yards, battery reclaimers, salvage yards, and
automobile junkyards, including  but limited to those
classified as SIC 5015 (used motor vehicle parts) and 5093
(scrap and waste materials).

Category (vii) Steam Electric Plants
Steam electric power generating facilities, including coal
handling sites.

Category (viii) Transportation
Transportation facilities classified by the SIC codes listed
below which have vehicle maintenance shops, equipment
cleaning operations, or airport deieing operations Only
(hose portions of the facility (hat  are either involved in
vehicle maintenance (including vehicle rehabilitation,
mechanical repairs, painting, fueling, and lubrication),
equipment cleaning operations, airport deieing operations,
or which are otherwise identified under categories (i}-(™)
or (ixXxi) are associated with industrial activity, and need
permit coverage.
SIC Code
40 railroad transportation
41 local  and interurban passenger transit
42 trucking & warehousing (except 4221-25, see (xi})
43 US postal service
44 water transportation
45 transportation by air
5171  petroleum bulk stations and terminals

Category (ix) Treatment Works
Treatment works treating domestic sewage or any other
sewage sludge or waslewater treatment device or system,
used in the storage, treatment recycling, and reclamation of
municipal or domestic sewage, including land dedicated to
the disposal of sewage sludge that are located within the
confines of the facility, with a design flow of 1.0 mgd or
more, or required to have an approved pretreatment
program under 40 CFR 403. Not included are farm lands,
domestic gardens or lands used for sludge management
where sludge is beneficially reused and which arc not
physically located in the confines of the facility, or areas
that are in compliance with section 405 of the Clean Water
Act.

Category (x) Construction
Construction activity including clearing, grading and
excavation activities except: operations that result in the
disturbance of less than 5 acres of total land area which are
not part of a larger common plan of development or sate.

[The construction "operator" must apply for permit
coverage under the General Storm Water Permit for
Construction Activities. The "operator" is the party or
parties that either individually or taken together meet either
of the following two criteria: 1) they have operational
control over the site specification; 2) they have the day-to-
day operational control of those activities at the site
necessary to ensure compliance. For a typical commercial
construction site, the owner and general contractor must
both apply. For a typical residential development, the
developer and all builders must apply. Each builder must
apply even if they individually disturb less than 5 acres if
the overall development is 5 or more acres.  Only one
Pollution Prevention Plan is required per site even though
there may be multiple parties.]

Category (xi) Light industry
Facilities classified by the following SIC codes:

SIC Code
20  food and kindred product
21  tobacco products
22  textile mill products
23  apparel and other textile product
2434 wood kitchen cabinets
25  furniture and fixtures
265 paperboard containers and boxes
267 miscellaneous converted paper products
27  printing and publishing
283 drugs
285 paints and allied products
30  rubber and miscellaneous plastic
31  leather and products (except 311)
323 products of purchased glass
34  fabricated metal products (except 3441)
35  industrial machinery and equipment
36  electronic and other electric equipment
37  transportation equipment (except 373)
38  instruments and related products
39  miscellaneous manufacturing
4221 farm product storage
4222 refrigerated storage
4225 general warehouse and storage

(and which are not otherwise included in categories (ii) (x))
with storm water discharges from all areas (except access
roads and rail lines) where material handling equipment or
activities, raw materials, immediate products, final
products, waste materials, by-products, or industrial
machinery arejxr*05edjto_stonnjvaieL_Material handling
activities include the storage, loading and unloading,
transportation, or conveyance of any raw material,
intermediate produce, finished product, by-product, or
waste product.

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      Industrial Facilities Storm Water Program  Permitting Decision Tree
           Stepl
                           Does the facility
                         discharge storm water
                         noff to an MS4 or waters
                             of the U.S.?
                           Facility does not need an NPDES
                            storm water discharge permit.
                   Does the facility have an industrial
            activity (or activities) listed in categories (i) - (ix) or
              (xi) of the definition of "storm water discharges
                   associated with industrial activity"?1
                          is the facility owned
                     and operated by a municipality
                        with a population of less
                            than 100,000?
                                Is the facility a power
                            plant, airport, or uncontrolled
                                  sanitary landfill?
                                                  An NPDES storm water
                                                  discharge permit will be
                                                  required 3 years and 90
                                                  days after publication of
                                                  the final Phase II rule.2
                          es the facility have "no
                    exposure" of industrial materials,
                    material handling operations, and
                        industrial processes to
                            storm water?3
  The facility does not
   need a storm water
  discharge permit, but
   must complete and
 submit a No Exposure
   Certification form.3
The facility must seek coverage under
  an NPDES storm water discharge
 permit.  For the MSGP, complete a
 SWPPP and submit an NOI.  For an
 individual permit, contact the NPDES
        permitting authority.
t.  See 40 CFR 122.26(b)(14).
2.  See I22.26{e)(1)(ii). A permit is required unless there is a condition of no exposure as defined at 122.26(g).
3.  See 122.26(g) for the definition of "no exposure" and the certification requirements.

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NPDES
.FORM
  510-11
                                                          United States Environmental Protection Agency               QMB No>2040>-021 1
                                                                      Washington, DC 20460

                                                NO EXPOSURE CERTIFICATION for Exclusion from
                                                             NPDES Storm Water Permitting
  Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization for its storm water
  discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Multi-Sector General Permit due to the existence
  of a condition of no exposure.

  A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm resistant shelter to prevent
  exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities,
  industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage,
  loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is
  not required for the following industrial materials and activities:
     - drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak.  "Sealed"
       means banded or otherwise secured and without operational taps or valves;
     - adequately maintained vehicles used in material handling; and
     - final products, other than products that would be mobilized in storm water discharges (e.g., rock salt).

  A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion.  In addition, the exclusion from NPDES permitting is
  available on a facility-wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, the facility is
  not eligible for the no exposure exclusion.

  By signing and submitting this No Exposure Certification form, the entity in Section A is certifying that a condition of no exposure exists at its facility or site,
  and is obligated to comply with the terms and conditions of 40 CFR 122.26(g).

  ALL INFORMATION MUST BE PROVIDED ON THIS FORM.

  Detailed instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4.
  A. Facility Operator Information

     1. Name: I   I   I   I   I  I   !   I   .l._l_j   I   I   I  I   I   I   I   I   I   I  I   I   I   I   I   I   I  I   1  2. Phone:  I  i  i   I   I   i
     3. Mailing Address:   a. Street: I   I   I   I   I   I   I  I   I   I   I   I   I   I  I   I   I   I   I   II  I   I   I   I   I   I  I   I   I   I   I   I

       b. Cfty: III!  I   I   I   I   I   I   I   I   I   !  I   i   I   1   I   !   I  I   I   c. State:  i   )  I   d. Zip Code:  I  i   i   I   I   1-1   I   I   I
  B. Facility/Site Location Information

     1. Facility Name:    I  I  i  I   I   I   I   I   I   I  I   I   I   I   I   I   I  I  I   I   I   I   I   I  I   I  J   I   I   I  I

     2. a. Street Address:   I  I   I   [I   I   I   I   I  I   I   I   i   I   I   i  I  I   I   I   I   I   I  I   I   I   I   I   I  I  I   I   i

       b. City:   I.I. L_.l  I  I   I   I   I   I   I   I  I   I   I   I   I   I   I   I  I   I   I   I   c. County:   I   I   I   I  I  I   I   I   I   I   I

       d. State:   i   I	i       e. Zip Code:   i   I   I  I   t   l-l   I   I   I   I

     3. Is the facility located on Indian Lands?   Yes Q      No |   )

     4. Is this a Federal facility?                Yes Q      No Q]

     5. a. Latitude:   I   [   I * I  I   i ' I   I   I"           b. Longitude:   I  I   I   I ° I  I   [ ' | .  |_ I"

     6. a. Was the facility or site previously covered under an NPDES storm water permit?      Yes Q     No [~|

       b. If yes, enter NPDES permit number:	

     7. SIC/Activity Codes:    Primary: I  |   |   |   I    Secondary (if applicable):  I   I   I   i   I

     8. Total size of site associated with industrial activity:	acres

     9. a. Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion?      Yes  Q     No Q

       b. If yes, please indicate approximately how much area was paved or roofed over.  Completing this question does not disqualify you for the no exposure
         exclusion. However, your permitting authority may use this information in considering whether storm water discharges from your site are likely to have
         an adverse impact on water quality, in which case you could be required to obtain permit coverage.

               Less than one acre  I  I          One to five acres  [""]          More than five acres I  I
EPA Form 3510-11 (10-99)                                                                                                         Page 1 of 4

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   NPDES
   FORM
   3510-11
NO EXPOSURE CERTIFICATION for Exclusion from
             NPDES Storm Water Permitting
    Form Approved
OMB No. 2040-0211
  C. Exposure Checklist

     Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future?
     (Please check either "Yes" or "No" in the appropriate box.) If you answer "Yes" to any of these questions
     (1) through (11), you are not eligible for the no exposure exclusion.


      1.  Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing
         or cleaning industrial machinery or equipment remain and are exposed to storm water

      2.  Materials or residuals on the ground or in storm water inlets from spills/leaks

      3.  Materials or products from past industrial activity

      4.  Material handling equipment (except adequately maintained vehicles)

      5.  Materials or products during loading/unloading or transporting activities

      6.  Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where
         exposure to storm water does not result in the discharge of pollutants)

      7.  Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers

      8.  Materials or products handled/stored on roads or railways owned or maintained by the discharger

      9.  Waste material (except waste in covered, non-leaking containers [e.g., dumpsters])

     10.  Application or disposal of process wastewater (unless otherwise permitted)

     11-.  Participate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated
         (i.e., under an air quality control permit) and evident in the storm water outflow
                                                                          Yes

                                                                          D

                                                                          D
                                                                           D
                                                                           D

                                                                           D
                                                                           D
         D

         D
         D
         n

         D
         n
                                                                                       n
 D.  Certification Statement

     I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no exposure" and obtaining an
     exclusion from NPDES storm water permitting.

     I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial
     facility or site identified in this document (except as allowed under 40 CFR I22.26(g)(2)).

     I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to
     the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must
     allow the NPDES permitting authority, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no
     exposure and to make such inspection reports publicly available upon request.  I understand that I must obtain coverage under an NPDES permit prior
     to any point source discharge of storm water from the facility.

     Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a
     system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or
     persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my
     knowledge and belief true, accurate and complete.  I am aware that there are significant penalties for submitting false information, including the possibility
     of fine and imprisonment for knowing violations.
     Print Name: I   I   I   I   I   I  I   I   I   I   I
                                                     I   I   I   I   I
     Print Title:
                                                                                          I   I   I   I   I  I  I
     Signature:  	


     Date:      I   I   I   I   I   I   I
                                                                                            4
EPA Form 3510-11 (10-99)
                                                                                      Page 2 of 4

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   NPDES
   FORM
  3510-11
     nruc
     FORK
    3510-1


•pfttol
x-xEPA
Instructions for the NO EXPOSURE CERTIFICATION for
     Exclusion from NPDES Storm Water Permitting
     Form Approved
OMB No. 2040-0211
      o May File a No Exposure Certification
   Federal law at 40 CFR Part 122.26 prohibits point source discharges of
   storm water associated with industrial activity to waters of the U.S. without
   a National Pollutant Discharge Elimination System (NPDES) permit. However,
   NPDES permit coverage is not required for discharges of storm water
   associated with industrial activities identified at 40 CFR 122.26{b)(14)(i)-
   (ix) and (xi) if the discharger can certify that a condition of "no exposure"
   exists at the industrial facility or site.

   Storm water discharges from construction activities identified in 40 CFR
   122.26(b)(14)(x) and (b)(15) are not eligible for the no exposure exclusion.

   Obtaining and Maintaining the No Exposure Exclusion

   This form is used to certify that a condition of no exposure exists at the
   industrial facility or site described herein. This certification is only applicable
   in jurisdictions where EPA is the NPDES permitting authority and must be
   re-submitted at least once every five years.

   The industrial facility operator must maintain a condition of no exposure at
   its facility or site in order for the no exposure exclusion to remain applicable.
   If conditions change resulting in the exposure of materials and activities to
   storm water, the facility operator must obtain coverage under an NPDES
   storm water permit immediately.

   Where to File the No Exposure Certification Form

   Mail the completed no exposure certification form to:
     Storm Water No Exposure Certification (4203)
     USEPA
     401 M Street, SW
     Washington, D.C. 20460
   Completing the Form

   You must type or print, using uppercase letters, in appropriate areas only.
   Enter only one character per space (i.e., between the marks). Abbreviate
   if necessary to stay within the number of characters allowed for each item.
   Use one space for breaks between words. One form must be completed
   for each facility or site for which you are seeking to certify a condition of no
   exposure. Additional guidance on completing this form can be accessed
   through EPA's web site at www.epa.gov/owm/sw. Please make sure you
   have addressed all applicable questions and have made a photocopy for
   your records before sending the completed form to the above address.

   Section A. Facility Operator Information

   1. Provide the legal name of the person, firm, public organization, or any
     other entity that operates the facility or site described in this certification.
     The name of the operator may or may not be the same as the name of
     the facility. The operator is the legal entity that controls the facility's
     operation, rather than the plant or site manager.

   2. Provide the telephone number of the facility operator.

   3. Provide the mailing address of the operator (P.O. Box numbers may be
     used). Include the city, state, and zip code. All correspondence will
     be sent to this address.
                                                         Section B. Facility/Site Location Information

                                                         1.  Enter the official or legal name of the facility or site.

                                                         2.  Enter the complete street address (if no street address exists, provide
                                                            a geographic description [e.g., Intersection of Routes 9 and 55]), city,
                                                            county, state, and zip code. Do not use a P.O. Box number.

                                                         3.  Indicate whether the facility is located on Indian Lands.

                                                         4.  Indicate whether the industrial facility is operated by a department or
                                                            agency of the Federal Government (see also Section 313 of the Clean
                                                            Water Act).

                                                         5.  Enter the latitude and longitude of the approximate center of the facility
                                                            or site in degrees/minutes/seconds.  Latitude and longitude can
                                                            be obtained from United States Geological Survey (USGS) quadrangle
                                                            or topographic maps, by calling 1-(888) ASK-USGS, or by accessing
                                                            EPA's web  site at http://www.epa.gov/owm/sw/industry/index.htm and
                                                            selecting Latitude and Longitude Finders under the Resources/Permit
                                                            section.

                                                            Latitude and longitude for a facility in decimal form must be converted
                                                           to degrees {"), minutes  ('), and seconds (") for proper entry on
                                                           the certification form.  To convert decimal latitude or  longitude to
                                                           degrees/minutes/seconds, follow the steps in the following example.

                                                            Example: Convert decimal latitude 45.1234567 to degrees (")> minutes
                                                            ('), and seconds (").

                                                            a) The numbers to the left of the decimal point are the degrees: 45°.

                                                            b) To obtain minutes, multiply the first four numbers to the right of the
                                                               decimal point by 0.006:  1234 x 0.006 = 7.404.

                                                            c) The numbers to the left of the decimal point in the result obtained
                                                               in  (b) are the minutes: 7'.

                                                            d) To obtain seconds, multiply the remaining three numbers to the
                                                               right of the decimal from the result  obtained  in (b) by 0.06:
                                                               404 x 0.06 = 24.24. Since the numbers to the right of the decimal
                                                               point are not used, the result is 24".

                                                            e) The conversion for 45.1234567 = 45°  7' 24".

                                                         6.  Indicate whether the facility was previously covered under an NPDES
                                                            storm water permit.  If so, include the permit number.

                                                         7.  Enter the 4-digit SIC code which identifies the facility's primary activity,
                                                            and second 4-digit SIC code identifying the facility's secondary activity,
                                                            if applicable-  SIC codes can be obtained from the Standard Industrial
                                                            Classification Manual. 1987.

                                                         8.  Enter the total size of the site associated with industrial activity in acres.
                                                            Acreage may be determined by dividing square footage by 43,560, as
                                                            demonstrated in the following example.

                                                            Example: Convert 54,450 ft2 to acres

                                                            Divide  54,450 ft2 by 43,560 square feet per acre:
                                                            54,450 ft2 + 43,560 ft2/acre = 1.25 acres.

                                                         9.  Check  "Yes" or "No" as appropriate to indicate whether you have paved
                                                            or roofed over a formerly exposed, pervious area (i.e., lawn, meadow,
                                                            dirt or gravel road/parking lot) in order to qualify for no exposure. If yes,
                                                            also indicate approximately how much area was paved or roofed  over
                                                            and is now  impervious area.
EPA Form 3510-11 (10-99)
                                                                                                                                  Page 3 of 4

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   NPOES
   FORM
   3510-11
oEPA
Instructions for the NO EXPOSURE CERTIFICATION for
     Exclusion from NPDES Storm Water Permitting
    Form Approved
OMB No. 2040-0211
   Section C.  Exposure Checklist

   Check "Yes" or "No" as appropriate to describe the exposure conditions at
   your facility. If you answer "Yes" to ANY of the questions (1) through (11)
   in this section, a potential for exposure exists al your site and you cannot
   certify to a condition of no exposure.  You must obtain (or already have)
   coverage under an NPOES storm water permit. After obtaining permit
   coverage, you can institute modifications to eliminate the potential for a
   discharge of storm water exposed to industrial activity, and then certify to
   a condition of no exposure.

   Section D.  Certification Statement

   Federal statutes provide for severe penalties for submitting false information
   on this application form.  Federal regulations require this application to be
   signed as follows:

       For a corporation:  by a responsible corporate officer, which means:

          (i) president secretary, treasurer, or vice-president of the corporation
            in charge of a principal business function, or any other person
            who performs similar policy or decision making functions for the
            corporation, or

         (ii) the manager of one or more manufacturing, production, or
            operating facilities, provided the manager is authorized to make
            management decisions which govern the operation of the
            regulated facility including having the explicit or implicit duty of
            making major capital investment recommendations, and initiating
            and directing other comprehensive  measures to assure long
            term environmental compliance with environmental laws and
            regulations; the manager can ensure that the necessary systems
            are established or actions taken to gather complete and accurate
            information for permit application requirements; and where
                                                                  authority to sign documents has been assigned or delegat
                                                                  the manager in accordance with corporate procedures;
                                                             For a partnership or sole proprietorship: by a general partner or the
                                                             proprietor; or

                                                             For a municipal. State, Federal, or other public facility:  by either a
                                                             principal executive or ranking elected official.

                                                        Paperwork Reduction Act Notice

                                                        Public reporting burden for this certification is estimated to average 1.0 hour
                                                        per certification, including time for reviewing instructions, searching existing
                                                        data sources, gathering and maintaining the data needed, and completing
                                                        and reviewing the collection of information.  Burden means the total time,
                                                        effort, or financial resources expended by persons to generate, maintain,
                                                        retain, or disclose to provide information to or for a Federal agency. This
                                                        includes the time needed to review instructions; develop, acquire, install,
                                                        and utilize technology and systems for the purposes of collecting, validating,
                                                        and verifying information, processing and maintaining information, and
                                                        disclosing and providing information; adjust the existing ways to comply with
                                                        any previously applicable instructions and requirements; train personnel to
                                                        be able to respond to a collection  of information; search data sources;
                                                        complete and review the collection of information; and transmit or otherwise
                                                        disclose the information.  An agency may not conduct or sponsor, and a
                                                        person is not required to respond to, a collection of information unless it
                                                        displays a currently valid OMB control number. Send comments regarding
                                                        the burden estimate, any other aspect of the collection of information, or
                                                        suggestions for improving this form, including any suggestions which may
                                                        increase or reduce this burden to: Director, OPPE Regulatory Information
                                                        Division (2137),  USEPA,  401 M Street, SW, Washington. D.C. 204i
                                                        Include the OMB  control number of this form on any correspondence.
                                                        not send the completed No Exposure Certification form to this add
EPA Form 3510-11 (10-99)
                                                                                                                Page 4 of 4

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 17046
Federal  Register/Vol. 65,  No.  62/Thursday, March  30, 2000/Notices

Permit No.
JAR05*### 	
MWR05*### 	
NIR05*### 	 	
NVR05*##1 	


Areas of Coverage/Where EPA is Permitting Authority
Johnston Atoll
Midway Island and Wake Island.
Commonwealth of the Northern Mariana Islands.
Indian Country lands within the State of Nevada, including the Duck Valley Reserva-
tion in Idaho, the Fort McDermitt Reservation in Oregon and the Goshute Reserva-
tion in Utah.
      1.1.10  Region 10: AK, ID (Except See Region 9 for Duck Valley Reservation Lands). OR (Except See Region 9 for Fort McDermitt
                                                         Reservation), WA
    The states of Oregon  and Washington are  the NPDES Permitting Authority for the  majority of discharges within their respective
 states.
Permit No.
AKR05*### 	
AKR05*##t 	 	 	
IDR05*### 	
IDR05*##I 	
ORR05*##1 	 ..... 	
WAR05*##I 	
WARQ5"##F 	

Areas of Coverage/Where EPA is Permitting Authority
The State of Alaska, except Indian Country iands
Indian Country lands within Alaska.
The State of Idaho except Indian Country lands
Indian Country lands within the State of Idaho except Duck Valley Reservation lands
which are covered under Nevada permit NVR05*##I listed in Part 1.1.9.
Indian Country lands within the State of Oregon except Fort McDermitt Reservation
lands that are covered under Nevada permit NVR10*#I listed in Part 1.1.9.
Indian Country lands within the State of Washington
Federal Facilities in the State of Washington except those located on Indian Country
lands.
 1.2  Eligibility
   You must maintain permit eligibility to
 discharge under this permit. Any discharges
 that are not compliant with the eligibility
 conditions of this permit are not authorized
 by the permit and you must either apply for
                    a separate permit to cover those ineligible
                    discharges or take necessary steps to make
                    the discharges eligible for coverage.

                    1.2.1  Facilities Covered
                     Your permit eligibility is limited to
                    discharges from facilities in the "sectors" of
industrial activity based on Standard
Industrial Classification (SIC) codes and
Industrial Activity Codes summarized in
Table l-l. References to "sectors" in this
permit (e.g., sector-specific monitoring
requirements, etc.) refer to these sectors.
                         TABLE 1-1.—SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT
              SIC Code or activity code'
                                                         Activity represented
                                                    Sector A: Timber Products
 2411
 2421 	
 2426	
 2429	
 2431-2439 (except 2434)
 2448, 2449 	
 2451,2452 	
 2491 	
 2493	
 2499	
                           Log Storage and Handling (Wet deck storage areas only authorized if no chemical ad-
                             ditives are used in the spray water or applied to the logs).
                           General Sawmills and Planning Mills.
                           Hardwood Dimension and Flooring Mills.
                           Special Product Sawmills, Not  Elsewhere Classified.
                           Millwork, Veneer, Plywood, and Structural Wood (see Sector W).
                           Wood Containers.
                           Wood Buildings and Mobile Homes.
                           Wood Preserving.
                           Reconstituted Wood Products.
                           Wood Products, Not Elsewhere Classified.
                                                Sector B: Paper and Allied Products
 2611 	
 2621 	
 2631 	
 2652-2657
 2671-2679
                           Pulp Mills.
                           Paper Mills.
                           Paperboard Mills.
                           Paperboard Containers and Boxes.
                           Converted Paper and Paperboard Products, Except Containers and Boxes.
                                              Sector C: Chemical and Allied Products
 2812-2819
 2821-2824 ,

 2833-2836

12841-2844
 2851 	
 2861-2869
 2873-2879
                           Industrial Inorganic Chemicals.
                           Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Man-
                             made Fibers Except Glass.
                           Medicinal chemicals and botanical products; pharmaceutical preparations,; in vitro and
                             in vivo diagnostic substances; biological products, except diagnostic substances.
                           Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet
                             Preparations.
                           Paints, Varnishes, Lacquers, Enamels, and Allied Products.
                           Industrial Organic Chemicals.
                           Agricultural Chemicals.

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                        Federal Register/Vol.  65, No. 62/Thursday, March 30, 2000/Notices
                                       17047
                  TABLE 1-1.—SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT—Continued
             SIC Code or activity code1
Activity represented
2873	  Facilities thai Make Fertilizer Solely from Leather Scraps and Leather Dust.
2891-2899	  Miscellaneous Chemical Products.
3952 (limited to list)	  Inks and Paints, Including China Painting Enameis, tndia Ink, Drawing Ink, Platinum
                                                     Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist's Paints and
                                                     Artist's Watercolors.

                                  Sector O: Asphalt Paving and Roofing Materials and Lubricants

2951, 2952 	  Asphalt Paving and Roofing Materials.
2992, 2999 	  Miscellaneous Products of Petroleum and Coal.

                                  Sector E: Glass Clay, Cement, Concrete, and Gypsum Products

3211 	  Flat Glass.
3221, 3229 	  Glass and Glassware, Pressed or Blown.
3231 	  Glass Products Made of Purchased Glass.
3241 	  Hydraulic Cement.
3251-3259	  Structural Clay Products.
3262-3269	  Pottery and Related Products.
3271-3275	  Concrete, Gypsum and Plaster Products.
3295	  Minerals and Earth's, Ground, or Otherwise Treated.
3297	  Non-Clay Refractories.

                                                    Sector F: Primary Metals

3312-3317	  Steel Works, Blast Furnaces, and Rolling and Finishing Mills.
3321-3325	  Iron and Steel Foundries.
3331-3339	  Primary Smelting and Refining of Nonferrous Metals.
3341 	  Secondary  Smelting and Refining of  Nonferrous Metals.
3351-3357	  Rolling, Drawing, and Extruding of Nonferrous Metals.
3363-3369	  Nonferrous Foundries (Castings).
3398,3399	  Miscellaneous Primary Metal Products

                                        Sector G: Metal Mining (Ore Mining and Dressing)

1011 	  Iron Ores.
1021	  Copper Ores.
1031 	  Lead and Zinc Ores.
1041,1044	  Gold and Silver Ores.
1061 	  Ferroalloy Ores, Except Vanadium.
1081 	  Metal Mining Services.
1094,1099	  Miscellaneous Metal Ores.

                                     Sector H: Coal Mines and Coal Mining Related Facilities

1221-1241	  Coal Mines and Coal Mining-Related Facilities.

                                                 Sector I: Oil and Gas  Extraction

1311 	  Crude Petroleum and Natural Gas.
1321 	  Natural Gas Liquids.
1381-1389	  Oil and Gas Field Services.
2911 	  Petroleum Refineries.

                                              Sector J: Mineral Mining and Dressing

1411 	  Dimension  Stone.
1422-1429	  Crushed and Broken Stone, Including Rip Rap.
1442,1446	  Sand and Gravel.
1455,1459	  Clay, Ceramic, and Refractory Materials.
•(474-1479	  Chemical and Fertilizer Mineral Mining.
1481 	  Nonmetallic Minerals Services, Except Fuels.
1499	  Miscellaneous Nonmetallic Minerals,  Except Fuels.

                               Sector K: Hazardous Waste Treatment, Storage, or  Disposal Facilities

HZ	  Hazardous Waste Treatment Storage or Disposal.

                                          Sector L: Landfills and Land Application Sites

LF 	  Landfills, Land Application Sites, and Open Dumps.

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 17048
Federal  Register/Vol.  65, No. 62/Thursday, March 30,  2000/Notices
                  TABLE 1-1.—SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT—Continued
              SIC Code or activity code1
                                                        Activity represented
                                               Sector M: Automobile Salvage Yards
 5015	  Automobile Salvage Yards.
                                               Sector N: Scrap Recycling Facilities
 5093	  Scrap Recycling Facilities.
                                           Sector 0: Steam Electric Generating Facilities
 SE	  Steam Electric Generating Facilities.
                                         Sector P: Land Transportation and Warehousing
 4011,4013
 4111-4173.
 4212-4231  .
 4311 	
 5171 	
                           Railroad Transportation.
                           Local and Highway Passenger Transportation.
                           Motor Freight Transportation and Warehousing.
                           United States Postal Service.
                           Petroleum Bulk Stations and Terminals.
                                                 Sector Q: Water Transportation
 4412-4499	  Water Transportation.
                                       Sector R: Ship and Boat Building or Repairing Yards
 3731, 3732 	  Ship and Boat Building or Repairing Yards
                                                  Sector S: Air Transportation
 4512-4581 	  Air Transportation Facilities.
                                                   Sector T: Treatment Works
ITW	  Treatment Works.

                                              Sector U: Food and Kindred Products

 2011-2015	  Meat Products.
 2021-2026	  Dairy Products.
 2032	  Canned, Frozen and Preserved Fruits, Vegetables and Food Specialties.
 2041-2048	  Grain Mill Products.
 2051-2053	,...  Bakery Products.
 2061-2068	  Sugar and Confectionery Products.
 2074-2079	  Fats and Oils.
 2082-2087	  Beverages.
 2091-2099	  Miscellaneous Food Preparations and Kindred Products.
 2111-2141	  Tobacco Products.

                Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing, Leather and Leather Products

 2211-2299	  Textile Mill Products.
 2311-2399	  Apparel and Other Finished Products Made From Fabrics and Similar Materials.
 3131-3199 (except 3111} 	  Leather and Leather Products, except Leather Tanning and Finishing (see Sector Z).

                                                 Sector W: Furniture and Fixtures

 2434	  Wood Kitchen Cabinets
 2511-2599	  Furniture and Fixtures.

                                                Sector X: Printing and Publishing

 2711-279S	  Printing, Publishing, and Allied Industries.

                    Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries

 3011 	  Tires and Inner Tubes.
 3021 	  Rubber and  Plastics Footwear.
 >3052, 3053  	  Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting.
 3061, 3069  	  Fabricated Rubber Products, Not Elsewhere Classified.
 3081-3089	  Miscellaneous Plastics Products.
 3931 	  Musical Instruments.
 3942-3949	  Dolls, Toys,  Games and Sporting and Athletic Goods.

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                        Federal  Register/Vol. 65,  No.  62/Thursday,  March 30,  2000/Notices
                                                                                                                         17049
                  TABLE 1-1.—SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT—Continued
             SIC Code or activity code1
                                                                                 Activity represented
 3951-3955 (except 3952 facilities as specified in Sector
   C).
 3961,3965  	

 3991-3999	
                                                    Pens, Pencils, and Other Artists' Materials.

                                                    Costume  Jewelry, Costume Novelties,  Buttons, and Miscellaneous Notions, Except
                                                      Precious Metal.
                                                    Miscellaneous Manufacturing Industries.
                                             Sector Z: Leather Tanning and Finishing
3111 [[[   Leather Tanning and Finishing.
                                              Sector AA: Fabricated Metal Products
3411-3499
3911-3915
                                                    Fabricated Metal Products, Except Machinery and Transportation Equipment.
                                                    Jewelry, Silverware, and Plated Ware.
                             Sector AB: Transportation Equipment, Industrial or Commercial Machinery
3511-3599 (except 3571-3579)

3711-3799 (except 3731, 3732)
                                                    Industrial  and Commercial Machinery (except Computer and Office Equipment)  (see
                                                      Sector AC).
                                                    Transportation Equipment (except Ship and Boat Building and Repairing) (see Sector
                                Sector AC: Electronic, Electrical, Photographic, And Optical Goods
3571-3579
3612-3699
3812
                                                    Computer and Office Equipment.
                                                    Electronic, Electrical Equipment and Components, except Computer Equipment.
                                                    Measuring, Analyzing and Controlling Instrument; Photographic and Optical Goods.
                                               Sector AD: Non-Classified Facilities
N/A
                                                   Other storm water discharges designated by the Director as needing a permit (see 40
                                                     CFR 122.26(g)(1)(l)) or any facility discharging storm water associated with industrial
                                                     activity not described by any of Sectors A-AC. NOTE:  Facilities may not elect to
                                                     covered under Sector AD. Only the Director may assign a facility to Sector AD.
  1 A complete list of SIC codes (and conversions from the newer North American industry Classification System" (NAICS)) can be obtained
from the Internet at www.census.gov/epcd/www/naics.htmlor in paper form from various locations in the document entitled "Handbook of Stand-
ard industrial Classifications," Office of Management and Budget, 1987. Industrial activity codes are provided on the Multi-Sector Genera! Permit
Notice of Intent (NOI) application form (EPA Form Number xxxxx).
  1.2.1.1  Co-located Activities. If you have
co-located industrial activities on-site that
are described in a sector(s) other than your
primary sector, you must corapiy with all
other applicable sector-specific conditions
found in Part 6 for the co-located industrial
activities. The extra sector-specific
requirements are applied only to those areas
of your facility where the extra-sector
activities occur. An activity at a facility is not
considered co-located if the activity, when
considered separately, does not meet the
description of a category of industrial activity
covered by the storm water regulations, and
identified by the MSGP-2000 SIC code list.
For example, unless you are actually hauling
substantial amounts of freight or materials
with your own truck fleet or are providing a
trucking service to outsiders, simple
maintenance of vehicles used at your facility
is unlikely to meet the SIC code group 42
description of a motor freight transportation
facility.  Even though Sector P may not apply,
the runoff from your vehicle maintenance
facility would likely still be considered storm
water associated with industrial activitv. As
                                           such, your SWPPP must still address the
                                           runoff from the vehicle maintenance
                                           facility—although not necessarily with the
                                           same degree of detail as required by Sector
                                           P—but you would not be required to monitor
                                           as per Sector P.
                                             If runoff from co-located activities
                                           commingle, you must monitor the discharge
                                           as per the requirements of all applicable
                                           sectors (regardless of the actual location of
                                           the discharge). If you comply with all
                                           applicable requirements from all applicable
                                           sections of Part 6  for the co-located industrial
                                           activities, the discharges from these co-
                                           located activities  are authorized by this
                                           permit.

                                           1.2.2 Discharges Covered
                                             1.2.2.1  Allowable Storm Water
                                           Discharges. Subject to compliance with the
                                           terms and conditions of this permit, you are
                                           authorized to discharge pollutants in:
                                             1.2.2.1.1  Discharges of storm water runoff
                                           associated with industrial activities as
                                           defined in 40 CFR 122.26 (b)(14]((iH») and
                                           (xi)) from the sectors of industry described in
Table l-l, and that are specifically identified
by outfall or discharge location in the
pollution prevention plan (see Part 4.2.2.3.7);
  1.2.2.1.2   Non-storm water discharges as
noted in Part 1.2.2.2 or otherwise specifically
allowed by the permit;
  1.2.2.1.3   Discharges subject to an effluent
guideline listed in Table 1-2 that also meet
all other eligibility requirements of the
permit. Discharges subject to a New Source
Performance Standard (NSPS) effluent
guideline must also meet the requirements of
Part 1.2.4;
  1.2.2.1.4   Discharges designated by the
Director as needing a storm water permit
under 40 CFR 122.26(a)(l)(v) or under
122.26{a)(9) and 122.26(g)(l)(i); and
  1.2.2.1.5   Discharges comprised of a
discharge listed in Parts 1.2.2.1.1 to 1.2.2.1.4
above commingled with a discharge
authorized by a different NPDES permit. Also
authorized are discharges not needing

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                Module 3
The NPDES Construction Storm Water Program





            [Slides and Handouts]

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7?7e NPDES Construction Storm Water Program
Module 3
                Module 3

        The NPDES Construction
          Storm Water Program
        The NPDES Construction
         Storm Water Program

    What does the program cover?

    What are the current permit application
    options?

    What requirements does a construction
    permit contain?

    How do municipal and NPDES construction
    storm water program requirements interact?
        Goals of the Construction
         Storm Water Program

    Prevent or minimize
    impact of construction

    Minimize erosion
    during construction

    Consider post-
    construction storm
    water management
EPA NPDES Storm Water Program Training Course
      3-1

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 The NPDES Construction Storm Water Program
Module 3
              Erosion Process
            v
           •f.	-
        History of the Construction
          Storm Water Program

      Large Construction Requirements
      - Component of storm water "discharge
       associated with industrial activity"
       [FWPCA 402(p)(2)|
      Small Construction Requirements
      - Response to Ninth Circuit Court decision
      - Component of "other" storm water
       discharges, "to DC regulated to protect
       water quality" |FWPCA 402(p)(6)|
    Key Terms in the NPDES Construction
           Storm Water Program

    Land disturbance
    - Clearing
    - (i rading
    - Excavation

    Larger common plan of development or sale
    — Multiple activities on a contiguous area
    - Possibly different times, schedules, and/or
     contractors
EPA NPDES Storm Water Program Training Course
       3-2

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The NPDES Construction Storm Water Program
Module 3
"Common Plan" of 14 - 1/2 acre lots + 3
acres roads= 10 acres





i i

I
i





1 1


if
i >

     Installing roads - need permit, 3 acre* is part of
             10 acre common plan
    Building on 2 lots • need permit, 1 acre is part of
             10 acre common plan
EPA NPDES Storm Water Program Training Course
      3-3

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 The NPDES Construction Storm Water Program
Module 3
      No "stabilized" gap in time, 4 acres left - need
        permit .since still pgrf of common plan
     Gap in time with "stabilization" - need permit
    since have 5 acres left thai could be built on from
                 common plan
      Gap in time with "stabilization" - don'1 need
     Phase I permit since have <5 acres ltd. treat like
              "new" common plan
EPA NPDES Storm Water Program Training Course
       3-4

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The NPDES Construction Storm Water Program
Module 3
     Adding pool to existing house, treat as new plan
                of development.
          Who is Responsible for
          Permit Requirements?

    Operator
    - Operational control over site
      specifications
    - Day-to-day site operational control
    — Files for permit coverage
    Other key players
    - Important during
      planning/implementation
    - Includes subcontractors, owner,
      developer, general contractor
             What Do the Large
      Construction Requirements Cover?

     All construction activity disturbing
     > 5 acres

     Activity below 5 acres also included
     if part of a common plan of
     development or sale with a planned
     disturbance of > 5 acres of land
EPA NPDES Storm Water Program Training Course
       3-5

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The NPDES Construction Storm Water Program
Module 3
              What Do the Small
      Construction Requirements Cover?

    Requires permit coverage for:
    - Construction activity disturbing > I acre and
      < 5 acres
    - Construction activity below 1 acre that is part
      of a larger common plan of development or sale
    Potential permit coverage for:
    - Construction activity that disturbs less than 1
      acre of land may be designated based on water
      quality impact
          What Permitting Options
              Are Available?
      Construction General Permit (CGP)
      applies to large construction activities

      No permit yet for small construction
      activities
      - KI*A expects permit to be similar to CGP
      - To be issued by December 10.2002
       Large Construction (Phase I)
                 Permitting

     • Construction General Permit (CGP)
       - Reissued on Feb. 17,1998 |f.3 FR 7858-80M]
     • Regional CGPs
       - Region 4: 4/28/00 [65 FR 251211
       - Region f>: 7/6/98 ]63 KR 36489]
     • Some discharges not covered
     • No waivers available
     * State-specific requirements
EPA NPDES Storm Water Program Training Course
       3-6

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The NPDES Construction Storm  Water Program
Module 3
       Construction General Permit
             (CGP) Provisions
      Must not adversely affect
      endangered or threatened
      species or critical habitat

      Develop a storm water
      pollution prevention plan
      (SWPPP)

      Submit Notice of Intent (NOI)
       Construction General Permit
          (CGP) Provisions (cont.)

    • Prohibit most non-SW discharges

    • Report release of hazardous substances

    • Conduct regular inspections

    • Submit Notice of Termination (NOT)
          Endangered Species Act
                and the CGP

      Six step certification process in
      Addendum A of CGP

      if adverse impacts are likely:
      - Verify that activity will not cause harm
      -Obtain approval for an "incidental take
       permit" if harm cannot be avoided

      If species or habitat are in proximity:
      - Include information in SWPPP
      - Describe measures and controls
EPA NPDES Storm .Water Program Training Course
       3-7

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 The NPDES Construction  Storm Water Program
Module 3
           CGP SWPPP Elements
     Site Description
     - Potential pollutant sources
     - Runoff coefficient
     - ESA information

     Control Measures (BMPs)
     - Sediment and erosion control
     - Storm water management
       control
     - Proper material storage
       CGP SWPPP Elements (cont.)

      inspections
      - Seasonal waiver
      - M»inl»in report in SWPPP
      - Modify SWPPP
      Maintenance
      - UMPs in effective operating condition
      - Perform before next storm event
      Signature
      Accessibility
          Effluent Guidelines for
      Construction and Development
               < not yet proposed)

   • Could standardize minimum requirements for
     erosion and sediment control
   • Affluent guidelines could apply to construction
     activities associated with new development
     and redevelopment
   • Bu.scd on performance/costs of control and
     treatment technologies
   • h ttp://w w w.epa.gov/OST/guid c/co nst ruction/
EPA NPDES Storm Water Program Training Course
       3-8

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The NPDES Construction Storm Water Program
Module 3
          How Do I Obtain a Copy
                oftheCGP?

      Contact your State PA

      If EPA Is your PA, you may:
      - Contact KPA'x Water Resources ('enter
        • 202.260. 77S6 (phone)
        • 20I.260.03.W (fax)
      - Download a copy at www.cpa.gov/owrn/iiw
      - Contact your EPA Regional Office
         Who Signs the NOI/NOT
            and Other Reports?
      For a corporation:
      - Responsible Corporate Officer

      For a partnership or sole propricto
      - General partner or proprietor

      For a public facility:
      - Principal Executive Officer
      - Ranking F, lee ted Official
             When and Where
           Do I Submit the NOI?

     • Check with your State PA

     • If EPA is your PA:
       - Send (lie completed form at least 48 hrs
        before construction begins
       - Slorm Water NOI, I'SEPA (4203),
        1200 Pennsylvania Ave, N.W.
        Washington. D.C. 204«0
       - The form is then Forwarded to Kl'.V.s
        NOI Processing Center
EPA NPDES Storm Water Program Training Course
       3-9

-------
The NPDES Construction Storm  Water Program
                                           Module 3
          Who Do I Call About
             Permit Status?

    • Check with your State PA

    • If EPA is your PA:
      - KPA's NOI Processing Center
            301.495.4145
I
            When and Where
          Do I Submit the NOT?

       Check with your State PA
       If EPA is your PA:
       - Send the completed form to:
        i:.S. EPA, Washington, DC
       - The address is included on the form
       - The form is then forwarded to KPA's
        NOI I'rocessini; Center
       Qualifying State, Tribal and
             Local Programs

    Construction permits can reference a
    qualifying erosion and sediment control
    program (to avoid overlapping
    requirements)

    Compliance with qualifying program =
    compliance with NPDES permit
EPA NPDES Storm Water Program Training Course
                                                 3-10

-------
The NPDES Construction Storm Water Program
Module 3
       Qualifying State, Tribal and
           Local Programs (com.)

      For small construction, must have
      requirements to:
      - Implement erosion and sediment BMPs
      - Control wastes
      - Develop and implement a SWPPP
      - Submit a site plan for review
       Qualifying State, Tribal and
           Local Programs (com.)

      For large construction, must have:
      - Same clement.-! as small construction: and
      - Any additional requirements to achieve
       BAT and BCT
      Only certain NPDES-permitted MS4
      construction programs will qualify
      Reduces confusion between dupiicative
      construction requirements
               Waivers for
       Small Construction Activities

       Rainfall erosivity factor less than 5
             ("low rainfall erosivity")
       Storm water controls arc not needed
       based on a TMDL or equivalent
       assessment that addresses the
       pollutants of concern
EPA NPDES Storm Water Program Training Course
       3-11

-------
 The NPDES Construction Storm Water Program
Module 3
            Low Rainfall Waiver

      Requires erosivity factor (R factor
      from RUSLE) < 5
      — Varies based on location and lime period

      Creates an incentive for operators to
      build daring dry times of the year
     Water Quality Assessment Waiver

    Must certify that controls are not needed based
    on a TMDL, or

    For non-impaired waters that do not require
    TMDLs, an equivalent analysis that determines
    allocations for small sites.

     Must address the pollutants of concern
    (sediment or other pollutant causing
    impairment)
   Issues Specific to Small Construction

    • Waivers are available (no waivers for
     sites disturbing > 5 acres)
    • Small construction definition docs not
     include routine maintenance
    * Permitting Authority does not need to
     require an NO] for small construction
EPA NPDES Storm Water Program Training Course
       3-12

-------
The NPDES Construction Storm Water Program
Module 3
        The Interaction of Federal
  and Municipal Construction Programs

  • NPDES Storm Water Construction Program
    - Administered by the NPDES PA
    - Requires the construction operator to obtain an
      NPDES storm water permit
    - Nationwide coverage
  • NPDES-regulatcd MS4 Construction Programs
    -Administered by the MS-4 operator
    — Requirements van between \IS4s
EPA NPDES Storm Water Program Training Course
      3-13

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                 THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-98)                         Form Approved.  OMB No. 2040-0188
                                See Reverse for Instructions
f«    SEPA
                                                            United States Environmental Protection Agency
                                                                      Washington, DC 20460
                                                Notice of Intent (NOI) for Storm Water Discharges Associated with
                                                    CONSTRUCTION ACTIVITY Under a NPDES General Permit
   Submission oi this Notice of Intent constitutes notice that the party identified in Section I of this lorm intends to be authorized by a NPDES permit issued
   for storm water discharges associated with construction activity in the State/Indian Country Land identified in Section II of this form.  Submission of this Notice
   of Intent also constitutes notice that the party identified in Section I of this form meets the eligibility requirements in Part I.B. of the general permit (including
   those related to protection of endangered species determined through the procedures in Addendum A of the general permit), understands that continued
   authorization to discharge is contingent on maintaining permit eligibility, and that implementation of the Storm Water Pollution Prevention Plan required under
   Part IV of the general permit will begin at the time the  permittee commences work on the construction project identified in Secion II below.  IN ORDER TO
   OBTAIN AUTHORIZATION, ALL INFORMATION REQUESTED MUST BE INCLUDED ON THIS FORM. SEE  INSTRUCTIONS ON BACK OF FORM.
    I. Owner/Operator (Applicant) Information

      Name:  I   I   I   I  I   I   I  I   I   I  I  !   I  I  I   I   I  1.-..1   I  I   I..J   l._. I  J   I  l__l   I   Phone:    I  I  I   I   I  I   I   I   II  I
                                                                                                            Status of
      Address: I   I   I  I  .1   I   I  I   I   I  I  I  _l ..L  I   I   I  II   II  I   I  I  I  J   I  I   I   !_.!__).  I       Owner/Operator:
      City:    I   I   I  I   I   I   t  I  _L._I	LJ_ I  I   I   I   I  I   I   I  I   I   I     state: I  I   I     Zip Code: 1  I  I   I   I  l-l   I   I  I
    II. Project/Site Information

      Project Name:  L  '._'   I.  I  I   I   I  1   I   I  I   I   I ...I  I... L.I  LJ	L_m.  LJ  I   '   I  I   I

      Project Address/Location: L  I  1  I   I J   L. I.__!. __l_j.
                                                                                                   Is the facility located on Indian
                                                                                                   Country Lands?
                                                                                                             Yes  Q   No fj
      City:    I   I   I  I   I   I   I  I   I   I  I   I   I  I   I   I   I  I   I   I  I   I   I  I   State: I  I   I     Zip Code:  I  I   I   I   I  l-l   I  I   I
      Latitude: I   I   I  I   !   I   I      Longitude: 1  I   I   I  I   I   I   I       County: I   I   I  I   I   I   I  I   I   l_.l  I  _L_..L_.L.I_I  1  I.J

      Has the Storm Water Pollution Prevention Plan (SWPPP) been prepared?   Yes Q    No Q

      Optional: Address of location of
              SWPPP for viewing        Q Address in Section I above     Q Address in Section II above     Q Other address (if known) below:
                                                                                                         Phone:
      Address: I   t   I  I   I   I   I  I   1   I  I   I   I  I   I   I   i  I   I   I  I   I  J  I  11111111,1    I  I   I   I  I  I   I   I  I   I   I

      City:    J   I   II   I   I   I  L  I   I  II   I  II   I   I  I   I   I  1   I   I    • state: I  I   I     Zip Code:  I  I   I   I  I  l-l   I  I   I   I

      Name of Receiving Water:   I  I   I   I  i   I   I  I   I   I   I  I   I   I  l   I   I  I  i   I   I  I  J_  (J
         I   I   I  I   I   t   t  I   I              I  I   I  i   1   I   I  I   I
         Month  Day     Year                    Month  Day      Year
       Estimated Construction Start Date         Estimated Completion Date

      Estimate of area to be disturbed (to nearest acre):   I  I   I   I   I  I   I

      Estimate of Likelihood of Discharge (choose only one):

         1. rj  Unlikely            3. Q Once per week     5. Q]  Continual

         2. Q]  Once per month      4. Q Once per day
                                                                        Based on instruction provided in Addendum A of the permit, are
                                                                        there any listed endangered or threatened species, or designated
                                                                        critical habitat in the project area?

                                                                                       Yes  D    No D

                                                                        I have satisfied permit eligibility with regard to protection of
                                                                        endangered species through the indicated section of Part I.B.3.e.(2)
                                                                        of the permit (check one or more boxes):
   ill. Certification
f
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information submitted.  Based on my inquiry of the person or persons who
manage this system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate,  and complete.  I am aware that there are significant penalties tor submitting false information, including the possibility of fine and
imprisonment for knowing violations.

Print Name: I  I   I  I   I  I   I   I   I  I   I   I  I   I   I  I   I   I  I   I   I  I   I   I   I  I   I   I   I  I   I    Date:  I   i  I

Signature:	
  EPA Form 3510-9 replaced 3510-6 (8-98)

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4»EPA
                   Instructions - EPA Form 3510-9
Notice of Intent (NOI) for Storm Water Discharges Associated with
   Construction Activity to be Covered Under a NPDES Permit
                                                                                                   Form Approved.    OMB No. 2040-0188
 Who Must File a Notice of Intent Form

 Under the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251
 et.seq.; the Act), except as provided by Part I.B.3 the permit, Federal law
 prohibits discharges of pollutants in storm water from construction activities
 without a National Pollutant Discharge Elimination System Permit. Operators)
 of construction sites where S or more acres are disturbed, smaller sites that
 are part of a larger common plan of development or sale where there is a
 cumulative disturbance of at least 5 acres, or any site designated by the
 Director, must submit an NOI to obtain coverage under an NPDES Storm
 Water Construction General Permit.  If you have questions about whether
 you need a permit under the NPDES Storm Water program, or if you need
 information as to whether a particular program is administered by EPA or
 a State agency, write to or telephone the Notice of Intent Processing Center
 at (703) 931-3230.

 Where to File NOI Form

 NOIs must be sent to the following address:

   Storm Water Notice of Intent (4203)
   USEPA
   401 M. Street, SW
   Washington, D.C. 20460
 Do not send  Storm Water Pollution Prevention Plans (SWPPPs) to the
 above address. For overnight/express delivery of NOIs, please include the
 room number 2104 Northeast Mall and phone number (202) 260-9541 in
 the address.

 When to File
 This form must be filed at least 48 hours before construction begins.

 Completing the Form
 OBTAIN AND READ A COPY OF THE APPROPRIATE EPA STORM WATER
 CONSTRUCTION GENERAL PERMIT FOR YOUR AREA.  To complete
 this form, type or print, using uppercase letters, in  the appropriate  areas
 only.   Please place each character between the marks (abbreviate if
 necessary to stay within the number of characters allowed for each  item).
 Use one space for breaks between words, but not for punctuation marks
 unless they are needed to clarify your response. If you have any questions
 on this form, call the Notice of Intent Processing Center at (703) 931-3230.

 Section I.  Facility Owner/Operator (Applicant) Information

 Provide the legal name, mailing address, and telephone number of the
 person, firm, public organization, or any other entity  that meet either of the
 following two criteria:  (1) they have operational control over construction
 plans and specifications, including the ability to make modifications to those
 plans and specifications; or (2) they have the day-to-day operational control
 of those activities at the project necessary to ensure compliance with SWPPP
 requirements or other permit conditions. Each person that meets either of
 these criteria must file this form.  Do not use a colloquial name. Correspon-
 dence for the permit will be sent  to this address.
 Enter the appropriate letter to indicate the legal status of the owner/operator
 of the project: F = Federal; S = State; M =  Public  (other than federal or
 state); P = Private.

 Section II. Project/Site Information
 Enter the official or legal name and complete street address, including city,
 county, state, zip code, and phone number of the project or site. If it lacks
 a street address, indicate with a general statement the location of the site
 (e.g.. Intersection of State Highways 61 and 34). Complete site information
 must  be provided for permit coverage to be granted.
 The applicant must also provide the latitude and longitude of the facility in
 degrees, minutes, and seconds to the nearest 15 seconds. The latitude
 and longitude of your facility can be  located on USGS quadrangle maps.
 Quadrangle maps can be obtained by calling 1-800 USA MAPS.  Longitude
 and latitude may also be  obtained at the Census Bureau Internet site:
 http://www.census.gov/cgi-bin/gazetteer.

 Latitude and longitude for  a facility in decimal form must be converted to
 degrees, minutes and seconds for proper entry on the NOI form.  To convert
 decimal latitude or longitude to degrees, minutes, and seconds, follow the
 steps in the following example.
                                                Convert decimal latitude 45.1234567 to degrees, minutes, and secon

                                                1)  The numbers to the left of the decimal point are degrees.
                                                2)  To obtain minutes, multiply the first four numbers to the right of the
                                                   decimal point by 0.006. 1234 x .006 = 7.404.
                                                3)  The numbers to the left of the decimal point in the result obtained in
                                                   step 2 are the minutes: 7'.
                                                4)  To obtain seconds, multiply the remaining three numbers to the right of
                                                   the decimal from the result in step 2 by 0.06: 404 x 0.06 = 24.24. Since
                                                   the numbers to the right of the decimal point are not used, the result is
                                                   24'.
                                                5)  The conversion for 45.1234 = 45" 7' 24'.

                                                Indicate whether the project is on Indian Country Lands.

                                                Indicate if the Storm Water Pollution Prevention Plan (SWPPP) has been
                                                developed. Refer to Part IV of the general permit for information on SWPPPs.
                                                To be eligible for coverage, a SWPPP must have been prepared.

                                                Optional:  Provide the address and phone number where the SWPPP can
                                                be viewed if different from addresses previously given. Check appropriate
                                                box.

                                                Enter the name of the closest water body which receives the project's
                                                construction storm water discharge.

                                                Enter the estimated construction start and completion dates using four digits
                                                for the year (i.e. 05/27/1998).

                                                Enter the estimated area to be disturbed including but not limited to:
                                                grubbing, excavation, grading, and utilities and infrastructure installation.
                                                Indicate to the nearest acre; if less than 1 acre, enter "1." Note: 1 acre =
                                                43,560 sq.ft.
                                                Indicate your best estimate of the likelihood of storm water discharges from
                                                the project. EPA recognizes that actual discharges may differ from this
                                                estimate due to unforeseen or chance circumstances.

                                                Indicate if there are any listed endangered  or threatened species,
                                                designated critical habitat in the project  area.
                                                Indicate which Part of the permit that the applicant is eligible with rei_
                                                to protection of endangered or threatened species, or designated critical
                                                habitat.


                                                Section III.  Certification
                                                Federal Statutes provide for severe penalties for submitting false information
                                                on this application form.  Federal regulations require this application to be
                                                signed as follows:
                                                For a corporation:  by a responsible corporate officer, which means:
                                                (i) president, secretary, treasurer, or vice president of the corporation in
                                                charge of a principal business function, or any other person who performs
                                                similar policy or decision making functions, or (ii) the manager of one or
                                                more manufacturing, production, or operating facilities employing more than
                                                250 persons or having gross annual sales or expenditures exceeding $25
                                                million (in second-quarter 1980 dollars), if authority to sign documents has
                                                been assigned or delegated to the manager in accordance with corporate
                                                procedures;
                                                For a partnership or sole proprietorship: by a general partner of the proprietor.
                                                or

                                                For a municipality, state, federal, or other public facility: by either a principal
                                                executive or ranking elected official.  An unsigned or undated NOI form will
                                                not be granted permit coverage.

                                                Paperwork Reduction Act Notice
                                                Public reporting burden for this application is estimated to average 3.7
                                                hours.  This estimate includes time for reviewing instructions, searching
                                                existing data sources, gathering and  maintaining the data needed, and
                                                completing and reviewing the collection of information. An agency may not
                                                conduct or sponsor, and a person is not required to respond to, a collection
                                                of information unless  it displays a currently valid OMB control number.
                                                Send comments regarding the burden estimate, any other aspect of the
                                                collection of information, or suggestions for improving this form, includi;
                                                any suggestions which may increase or reduce this  burden to:  Din
                                                OPPE Regulatory Information Division (2137), U.S. Environmental Prat
                                                Agency, 401 M Street, SW, Washington, D.C. 20460.  Include the O
                                                control number on any correspondence. Do not send the completed form
                                                to this address.

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                      THIS FORM REPLACES PREVIOUS FORM 3510-7 (8-92)
                      _ Pl«»»e Sea Imrtnictton* Bafora Completing This Form
                                                                                                Form Approved.
                                                                                                                             •41-M
     NPDES
      FORM
               xvEPA
                                        United States Environmental Protection Agency
                                                  Washington, DC 20460
                 Notice of Termination (NOT) of Coverage Under a NPDES General Permit for
                	Storm Water Discharges Associated with Industrial Activity	
    ubmission of this Notice of Termination constitutes notice that the parly identified in Section II of this form is no longer authorized to discharge storm water
   associated with industrial activity under the NPDES program.  ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.
    i. Permit Information

    NPDES Storm Water
    General Permit Number:
                                                      Check Here If You are No Longer
                                                      the Operator of the Facility:
                                                                   Check Here if the Storm Water
                                                                   Discharge is Being Terminated:
II. Facility Operator Information

Name:  i	i__i—i   <   »   i
                                                                                                     Phone:
                                                                                                                                 tiii
    Address: i	i.	i	j	*   '   '
    City:
                                                                            State:
                                                            J    ZIP Code:
    HI. Facility/Site Location Information
    Name:
    Address: i
                                                                    I   I   I   !   1   i  ',
                                                                            State:    I _ i— J    ZIP Code: I
                                                                                                                i   i
                                                                                                                           !  i   i
Latitude:
inngitiiria-i  i   i   I   i   I   i   i Quarter!  I—I—i Section:  I  1   I  Township:
                                                                                                                    Rang«:  ill!
    IV. Certification: I certify under penalty of law that all storm water discharges associated with industrial activity from the identified facility thai are
    authorized by a NPDES general permit have been eliminated or that I am no longer the operator of the facility or construction site.  I understand that by
    submitting this Notice of Termination, I am no longer authorized to discharge storm water associated with industrial activity under this genera! permit, and
    that discharging pollutants In storm water associated with industrial activity to waters of the United States is unlawful under the Clean Water Act where
    the discharge is not authorized by a NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from
    liability for any violations of this permit or the Clean Water Act.
    Print Name: l—j—u_i—L_
                                         !   I   I	I	I	I   I  1  I  1	I	I	j_
                                                                                    j ______ j. _____ j ______ >
                                                                                                       Date:
    Signature:
                                          instructions for Completing Notice of Termination (NOT) Form
P
   Who M*y Flto a Notice of Termination (NOT) Form

   Permittees who are presently covered under an EPA-tesued National Pollutant
   Discharge Elimination System (NPDES) Genera) Permit (including the 1995
   Multi-Sector Permit) tor Storm Water Dicharges Associated with Industrial Activity
   may submit a Notice of Termination (NOT) form when their facilities no longer
   have any storm water discharges associated with industrial activity as defined in
   the storm water regulations a! 40 CFR l22£6(bX14), or when they are no longer
   the operator of the factliiios.

   For construction activities, elimination of all storm water discharges associated
   with industrial activity occurs when disturbed soils at the construction site have
   been finally stabilized and temporary erosion and sediment control measures
   have been removed or will bo removed at an appropriate time, or that an storm
   water discharges associated with industrial activity from the construction site that
   are authorized by a NPDES general permit have otherwise been eliminated Final
   stabilization means  that ail soil-disturbing activities at the  site  have been
   completed, and that a uniform perennial vegetative cover with a density of 70% of
   the cover for unpaved areas and areas not covered by permanent structures has
   been established, or equivalent permanent stabilization measures (such as the
   use of riprap, gabions, or gaotaudiles} have been employed.
                                          Where to Hie NOT Form

                                          Send this form to the the following address:

                                              Storm Water Notice of Termination (4203)
                                              401 M Street S.W.
                                              Washington, DC 20460


                                          Completing the Form

                                          Type or print, using upper-case letters, in the appropriate areas only. Please
                                          place each character between the marks. Abbreviate if necessary to stay within
                                          the number of characters allowed for each item. Use only one space for breaks
                                          between words, but not for punctuation marks unless they are needed to clarify
                                          your response.  If you have any questions about this form, telephone or write the
                                          Notice of Intent Processing Center at (703) 931-3230.
  PPA From 3510-7 fa-flS'l

-------
                                                              Instructions - EPA Form 3510-7
                                         Notice of Termination (NOT) of Coverage Under The NPDES General Permit
                                              for Storm Water Discharges Associated With Industrial Activity
Section I Permit Information

Enter the existing NPDES Storm Water General Permit number assigned to the
facility  or site identified in Section III.  If you do not know the permit number,
telephone or write your EPA Regional storm water contact person.

Indicate your reason for submitting this Notice of Termination by checking the
appropriate box:

      If there has been a change of operator and you are no longer the operator of
      the facility or site identified in Section III, check the corresponding box.

      If all storm water discharges at the facility or site identified in Section III have
      been terminated, check the corresponding box.

Section II Facility  Operator Information

Give the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator
may or may not be the same name as the facility. The operator of the facility is the
legal  entity which controls the facility's operation,  rather than the plant or site
manager. Do not use a colloquial name.  Enter the complete address and telephone
number of the operator.

Section III  Facility/Site Location Information

Enter the facility's or site's official or legal name and complete  address, including
city, state and ZIP code,  tf the facility lacks a street address, indicate the state, the
latitude and  longitude of the facility to the nearest 15 seconds, or the  quarter,
section, township, and range (to the nearest quarter section) of the approximate
center of the site.
Section IV Certification

Federal statutes provide for severe penalties for submitting false information on this
application form.  Federal  regulations require this application to be signed as
follows:

Fora corporation: by a responsible corporate officer, which means: (!) president,
secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision
making functions, or (ii) the manager of one or more manufacturing, production, or
operating facilities employing more than 250 persons or having gross annual sales
or expenditures exceeding $25 million (in second-quarter 1960 dollars), if authority
to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures;

For a partnership or sole proprietorship: by a general partner or the proprietor; or

For a municipality. State, Federal, or other public facility: by either a  principal
executive officer or ranking elected official.

Paperwork Reduction Act Notice

Public reporting burden for this application is estimated to average 0.5 hours per
application, including time  for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding the burden estimate, any
other aspect of the collection of information, or suggestions for improving this form,
including any suggestions which may increase or reduce this burden  to: Chief,
Information Policy Branch. 2136,  U.S. Environmental Protection Agency, 401 M
Street,  SW,  Washington,  DC 20460,  or Director,  Office of Information
Regulatory Affairs, Office of Management and Budget, Washington, DC  2Q5i

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  RUNOFF
  WATER       ~-	-
  WITH      OViRFlOW
  SEDIMENT
  SEDIMENT
              V/IRE
              SCREEN
                    FLOW       FLOW        rLOV,'
                         ~ 4—"V-
II
                        '.CALIFORNIA. • :.-•
                  REGIONAL WATER QUALITY"
              :  ,' ;.    CONTROL BOARD ;>    ,
                  SAN FRANCISCO BAY REGION :   .
              GUIDE "TO THE fcWQCB./ RWQCB CDhfTACTS
                       PREPARIMB A SWPPP  ;-
          STATBWDE NPDES ffiNERAL PERMTT- CONSTRUCTION
             NOrnCE-OHNTENT^^FORM/JJNE tMSTRUCTtDNS:. _
         ;  CHAK1Z JJf DWtVBER»^>./ NOTICE-OF-TERMmWinON "
           CLSAIM WATER ACT SECTION 4O1 / 4O4 T>B»fflT
                I    IXHVTRACT PROVISIONS ETC. ,• -.    * *
                                                                                  i IIIIHHHII
w   ^
1

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-------

           The SWPPP
             is Intended
      to be implemented.

    It should be modified
           and amended
        as changes occur
j construction or operation
      activities that affect
    the discharge of storm
                 waters
 from the construction site.

            Accordingly,
     \agesoftheSWPPP
         should be dated
             to facilitate
      necessary revisions.
INTRODUCTION
These are comprehensive directions for preparing a Storm Water Pollution
Prevention Plan (SWPPP) for construction activities. The directions provide
instruction to produce a SWPPP that will comply with the revised State Wa-
ter Resources Control Board's National Pollutant Discharge Elimination System
(NPDES) General Permit for Discharges of Storm Water Runoff Associated With
Construction Activity (NPDES Permit No. CAS000002), hereafter referred to
as the General Permit.  The directions are also designed to meet the specific,
more detailed  objectives of the California Regional Water Quality Control
Board.

At a minimum, it is the intention of the California Regional Water Quality
Control Board (Regional Board) that the SWPPP meet the following objec-
tives:
I. To identify pollutant sources that may affect the quality of storm water
discharges associated with construction activity from the construction site;
and
2. To identify, construct, and implement storm water  pollution prevention
measures (control practices) to  reduce  pollutants in storm water discharges
from the construction site, both during construction and after construction is
completed.

The documents below can help the author of a SWPPP select appropriate
control measures and management practices.  In particular, the Erosion and
Sediment Control Field Manual (referenced throughout the following direc-
tions) should be consulted during and after the preparation of a SWPPP.  The
FieldManualls also highly recommended for practical use by field inspectors.

Erosion and Sediment Control Field Manual (Third Edition)
California Regional Water Quality Control Board
Order from:    San Francisco Estuary  Project
                1515 Clay Street, Suite 1400
                Oakland, CA 94612
                (510)  622-2465

Manual of Standards for Erosion and Sediment Control
Association of Bay Area Governments
Order from:    ABAC
                P.O. Box 2050
                OakJand, CA 94604
                (510)464-7900
                                                                          SWPPP GUIDELINES
Most importantly,
the SWPPP should
demonstrate
an active concern
by the owner/operator
of a construction site
for the prevention
and control of
water pollution.
                                                                               Page 81

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PROPOSED   FRAMEWORK   FDR   THE   SWPPP
The guidelines are based on a proposed framework that contains all of the required elements of a SWPPP in accordance with
the General Permit. The framework is only suggested, not required. An alternative framework may be used as long as it
contains all of the required elements.  Where sections overlap, references may be included to avoid duplication.

I.       Title Page
II.      Certification Page
III.     Amendments
IV.     Table of Contents
V.      Introduction
VI.     Source Identification
               A. Topography Map
               B.  Site Map
                        1. Areas of Soil Disturbance
                       2. Surface Water Locations
                       3. Areas of Existing Vegetation
                       4. Location of Control Practices Used During Construction
                       5. Drainage Patterns and Slopes Anticipated After Major Grading
        Activities are Completed
                       6. Areas Used to Store Soils and Wastes
                               a. Soil Storage
                               b. Waste Storage
                               c. Materials Storage
                       7. Vehicle and Equipment Storage and Service Areas
                       8. Existing and Planned Paved Areas and Buildings
                       9. Location of Post-Construction Control Practices
VII.     Narrative Descriptions
               A.  Site Estimates and Description of On Site Soil
               B.  Pollutants Likely to be Present in Storm Water Discharges
               C.  Toxic Materials
               D.  Erosion and Sediment Control Practices
                       1. General Practices
                       2. Soil Stabilization
                       3. Practices to Reduce Tracking Sediment Onto Public and Private Roads
                       4. Wind Erosion
                               a. Dust Control
                               b. Sweeping
                       5. Practices to Minimize Contact with Storm Water
                               a. Construction Vehicles and Equipment
                                       i) Maintenance
                                       ii) Fueling
                                       iii)  Washing
                               b. Materials
                       6. Construction Material Loading, Unloading, and Access Areas
                       7 .  Waste Management and Disposal
                               a. Concrete Wash-Out
                               b. Concrete / Asphalt Debris
                               c. Miscellaneous Waste
                       8. Preconstruction Control Practices
               E.  Non-Storm Water Management
               F.  Maintenance, Inspection, and Repair of Structural Controls
               G.  Spill  Prevention and Control
                       1. Minor Spills
                       2. Major Spills
               H.  Post-Construction Storm Water Management
               I.  Personnel Training
               J.  List of Contractors / Subcontractors
               K.  Other Plans
               L.  Monitoring
                       1. General Plan Summary
                       2. Site Inspections
                       3. Compliance Certification
                       4. Noncompliance Reporting
                       5- Records
       Page 82
                 SWPPP GUIDELINES

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EXPLANATION   OF   TERMS

I.  Tide Page
The tide page should primarily identify that the document is a Storm Water
Pollution Prevention Plan (SWPPP). Elements that should be included on
the title page are the following:

    Name of die project;
    Owner and contractor of the project;
    Waste Discharge Identification Number (WDID No.) for the  project
    (every project is assigned a WDID No. upon submittal of a Notice of
    Intent for coverage under the General Permit; and
    Contact person (s) / address / daytime and emergency phone number.

II.  Certification Page
This page shall contain the following certification and shall be signed in ac-
cordance with the Signatory Requirements (Standard Provision C.9.b, see
sidebar) of the General Permit

"I certify under penalty of law that this document and all attachments were
prepared under my direction  or supervision in accordance with a system
designed  to ensure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage  the system, or those persons directly responsible for gathering the
information, the information submitted, is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties  for submitting false information, including the  possibility of fine
and imprisonment for knowing violations."
Name, Title
Date of Preparation
Standard Provision C.9-b states that all SWPPPs, reports, certifications, or
other information required by the General Permit and/or requested by the
Regional Board, State Board, USEPA, or local storm water management agency
shall be signed by a responsible corporate officer, principal executive officer,
general partner or proprietor, or by a duly authorized representative. A person
is a duly authorized representative only if (see sidebar to right) *>
A person is a
duly authorized
representative only if:

1. The authorization is
made in writing by a
person described above
and retained as part of
the SWPPP.

2. The authorization
specifies either an
individual or a position
having responsibility for
the overall operation of
the construction activity,
such as the position of
manager, operator,
superintendent, or
position of equivalent
responsibility or an
individual or position
having overall
responsibility for
environmental matters
of the company.
3. If an authorization is
no longer accurate
because a different
individual or position
has responsibility for the
overall operation of the
facility, a new a
uthorization must be
reported to the Regional
Board and attached to
the SWPPP prior to
submittal of any reports,
certifications, or
information signed by
the authorized
representative.
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                III.  AMENDMENTS
                The -discharger shall amend the SWPPP whenever there is a change in
                construction or  operations which may affect the discharge of significant
                quantities of pollutants to surface waters, ground waters, or a municipal
                separate storm sewer system. The SWPPP should also be amended if it is in
                violation of any condition of this general permit or has not achieved the
                general objective of reducing pollutants in storm water discharges.  In
                addition, the Regional Water Board, or local agency with the concurrence of
                the Regional Water Board, may require the discharger to amend the SWPPR

                The following items should be discussed in the Amendment section as appro-
                priate:

                1) Location of proposed change (also indicate location on site map).  Use
                landmarks, street names and other reference points to identify the location.

                2) Describe existing conditions, including the type and placement of all mate-
                rials. What area and/or control measures are involved? What Best Manage-
                ment Practices (BMPs) were originally proposed or implemented?

                3) What led to the amendment? Was there a change in construction or opera-
                tion? Was a BMP not functioning adequately? Who requested the amend-
                ment?

                4) What is the new proposal? What BMP is now proposed? Briefly describe
                the type and placement of materials.  How is the new proposal an improve-
                ment over the original proposal?

                5) Make specific references to the SWPPP, as appropriate.

                6} Include plans for design changes.

                7) A signed copy of the appropriate certification page shall be attached at the
                beginning of the amendment.
                IV.  TABLE   OF   CONTENTS
                The table of contents shall identify each element of the SWPPP by its alpha
                numeric designation, section title, and page number.
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V.  INTRODUCTION
The introduction shall provide basic and essential information about the
project. At a minimum, it should answer the following questions in a narra-
tive format that can be easily understood by a non-technical person who is not
familiar with the project.

•   What is the type and size of the construction project?  Example: The
    project is an 85-acre residential development of 200 single family units.

•   Where is the project located? Include items such as county, city,  street,
    and neighborhood.  If known, provide the projects latitude and  longi-
    tude for computerized mapping.

•   What is (or was)  the beginning date of the project?

*   What is the estimated completion date of the project?  If the project is
    implemented in phases, such phases and estimated times frames for their
    completion should be identified.

•   Are there any unique features to the project?

The Introduction should also inform  the reader of any supplemental  docu-
ments that may be  available for review. The reader should be directed as to
where and when they might be able to examine the documents.
VI.  SOURCE   IDENTIFICATION
The SWPPP shall provide a geographical description of potential sources that
are likely to add significant quantities of pollutants to storm water discharges
or may result in non-storm water discharges from the construction site.
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                A. Topography Map
                The General Permit requires a map extending approximately one-quarter mile
                beyond the property boundaries of the construction site showing: the con-
                struction site, surface water bodies (including known springs and wetlands),
                known wells, an outline of off-site drainage discharging into the construction
                site, general  topography, and the anticipated discharge locadon(s) where the
                construction sites storm water discharges to a municipal storm sewer system
                or other water bodies.

                It is recommended that a U.S. Geological Survey (USGS) quad map be used
                to show the project site and the one-quarter mile extension beyond the prop-
                erty boundaries of the construction site.   USGS maps display much of the
                required information, however, the map will need to be modified to demon-
                strate anticipated drainage paths (onto and off the construction site) and site
                boundaries.

                The following are additional recommendations for the development of the
                topography map:
                - A color coded legend;
                - Dimensions of the construction site area;
                - Flow directions of nearby creeks, stream, and rivers;
                - Delineation of major permanent erosion and sediment control measures;
                and
                - Discharge points and flow direction of site runoff, including nearby storm
                    drains.
Page 86
                B.  Site Map
                The site map should be similar to the topographic map with greater detail as
                outlined below. It shall be a series of one or more drawings of the construction
                site at a scale sufficient to clearly show on-site drainage patterns and the loca-
                tion of erosion and sediment controls. The following items shall be delineated
                on the site map.

                1.  Areas of Soil Disturbance
                All  areas of soil disturbance should be clearly identifiable on the site map.
                These include areas of soii removal or augmentation, such as holes, pits, exca-
                vations, trenches, berms, slopes, fill, and imported top soil.

                2.  Surface Water Locations
                All surface water locations should be clearly delineated on the site map. Sur-
                face water bodies include: oceans, lakes, rivers, creeks or streams, ponds, springs,
                and wetlands. Be sure to include intermittent or seasonal surface water bodies.

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3. Areas of Existing Vegetation
Existing vegetation that is to be preserved on the site must be protected from
mechanical or other injury while the land is being developed. Areas of exist-
ing vegetation should be clearly delineated on the site map.

4. Location of Control Practices Used During Construction
Briefly list and locate on the site map all control practices used for diverting,
mitigating, or eliminating sediments, contaminants, or pollutants from the
construction site.

5. Drainage Patterns-and Slopes Anticipated After^Major Grading A^tivides
areCompleted
Drainage patterns that are modified during the construction of the project
should be clearly shown on the site map. All slopes should indicate grading
ratio and flow direction.

6, Areas Used to Store Soils and Wastes
Delineate all areas of storage and waste disposal on the site map. Different
storage areas for soil, waste, and materials should be delineated by different
textures and/or colors. In addition to the following, please consult the
Erosion and Sediment Control Field Manual (Third Edition), pages 95 to
98, pages 103 to 108 and pages 111 to 112 for recommended storage
practices.

a. Soil Storage
Place soil storage areas near construction entrances, away from waterways.
Areas should have appropriate control measures for minimizing run-on and
preventing the loss of sediments from stockpiles.

b. Waste Storage
Place waste storage areas near construction entrances, away from waterways.
Areas should be covered and have  measures for preventing water from
entering containment regions. Areas should also include different covered
storage containers for separating various types of wastes.  In addition,
hazardous wastes should be separated from non-hazardous wastes and dry-
hazardous wastes should be separated from saturated hazardous wastes.

c. Materials Storage
Place materials storage areas near construction entrances, away from water-
ways. Areas should have appropriate control measures that prevent water
from entering the storage area.
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                 7.  Vehicle and Equipment Storage and Service Areas
                 Vehicle and construction equipment storage and service areas shall be delin-
                 eated on the site map. Sites should be chosen based on the following criteria:

                 •   minimize the risks associated with vehicle and equipment leaks impacting
                    receiving waters;
                 •   contain vehicle and equipment wastes within a specific area;
                 •   allow for easy cleanup or servicing of vehicles and equipment; and
                 •   prevent run-on / runoff from passing through the area.

                 8.  Existing and Planned Paved Areas and Buildings
                 Areas that are covered by concrete, asphalt, or other permanent coverage of
                 the soil should be clearly delineated on the site map.  Imprints of buildings
                 should also be indicated whether they are permanent or temporary.

                 9.  Location of Post-Construction Control Practices
                 All permanent structural and nonstructurai control measures that are planned
                 for the project to control pollutants in storm water discharges after construc-
                 tion is completed shall be delineated on the site map. Post-Construction BMPs
                 include, but are not limited to:
                 - the minimization of land disturbance;
                 - the minimization of impervious surfaces;
                 - treatment of storm water runoff using infiltration;
                 - detention/retention;
                 - biofiker BMPs;
                 - use of efficient irrigation  systems;
                 - ensuring that interior drains are not connected to a storm sewer system; and
                 - appropriately designed and constructed energy dissipation devices.

                 Post construction BMPs must  be consistent with all local post-construction
                 storm water management requirements, policies and guidelines.

                 Operation and maintenance of control practices after construction is
                 complete shall be addressed, including short and long-term funding sources
                 and the responsible party.

                 For more information, please consult the Erosion and Sediment Control
                 Field Manual (Third Edition)  and Start at the Source: A Design Guidance
                 Manual for Storrmvate- Quality Protection (by the Bay Area Stormwater
                 Management Agencies Association. Available by calling 1-877-773-7247).
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                      VII.  NARRATIVE   DESCRIPTIONS


 If contamination

      is suspected,

test for pollutants, i

      and call the

   Regional Water

  Quality Control

          Board.
A.  Site Estimates and Descriptions of tin-Site Soil
Include the following estimates:

•   size of the construction site (in acres or square feet);
•   runoff coefficient of the construction site before and after construction;
•   percentage of the area of the construction site that is impervious before
    and after construction.
If the project is to be phased, such estimates shall also address the state of the
site at the completion of each phase.
Also,  describe the soil that can be found at  the construction site.  Indicate
whether the fill material is native or non-native, contaminated or uncontami-
nated, in addition to its coverage technique (i.e. native soil coverage, asphalt
or concrete coverage, and/or landscape).

B.  Pollutants Likely to be  Present  in Storm
Water Discharges
List and describe the pollutants (other than those listed in Section VII.C,
Toxic Materials) that are likely to be present in storm water discharges from
the site. Also describe the source of such pollutants such as daily operation of
equipment,  stockpiling of materials, and grading activities.

C.  Toxic Materials
Describe all toxic materials known to have been (or anticipate being) treated,
stored, disposed of, spilled, or leaked in significant quantities onto or near the
construction site .  If toxic materials are used during construction, alert con-
struction personnel  of the possibility of discovering toxic or hazardous wastes
on-site.

Indications of contaminated soils include discoloration, odor, or unusual soil
properties, that may be observed during construction.  Presence of abandoned
underground tanks or discover)' of buried debris or trash are also indicators of
potential contamination.

Describe methods to prevent and control pollution from toxic materials.
Examples of such methods should include the following:
•   Dispose of wastes in accordance with Federal, State, and local regulations-
    Wastes likely to contain toxic or hazardous materials include those mate-
    rials listed to the right and: sandblasting grit mixed with lead, cadmium,
    or chromium based paints, asbestos, and PCBs.
•   Do not apply herbicides and pesticides just before it rains.  Instead,  •
    apply surface dressings in several smaller applications to allow time for
    infiltration.
•   Do not clean out brushes or paint containers into the dirt,  street, gutter,
    storm drain, or stream.
Many of the materials or
chemicals used on~site can
be hazardous or toxic.  The
following materials or
chemicals are examples:

• Adhesives
*  Cleaners
•  Paint
• Asbestos
•  Polishes
•  Curing Compounds
*  Insulation
•  Petroleum Products
•  Wash Waters
•  Pesticides
•  Herbicides
•  Septic Fluids
•  Sealing Agents
•  Masonry/Concrete
•  Vehicle fluids
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                D.  Erosion and Sediment Control Practices

                I.  General Practices
                Describe the erosion and sediment control practices intended to prevent a net
                increase of sediment load into storm water discharge. Describe the protection
                that the practice is providing, geographic location of the practice, when it wil!
                be implemented, and how it will be maintained. Also, specify the sequence in
                which the practice(s) will be implemented. Please consult the Erosion and
                Sediment Control Field. Manual (Third Edition) for additional information
                on such practices.

                2. Soil Stabilization Practices
                Describe the soil stabilization practices that will be used to preserve existing
                vegetation and to re-vegetate open graded areas on the construction site. Also,
                discuss how and when the practices will be implemented.  Practices may in-
                clude hydroseeding, erosion blankets or filter, fabrics, stabilizing stakes, or
                other methods (please consult the Erosion and Sediment Control Field Manual
                (ThirdEdition), pages 31 to 39 and 45 to 48, for additional information).

                3.  Practices to Reduce che Tracking of Sediment Onto Public and Private
                Roads
                Describe the control practices that will be employed to reduce the tracking of
                sediment onto public and private roads. These practices prevent the deposi-
                tion of sediments into local storm drains and prevent the production of air-
                borne dust (please consult the Erosion and Sediment Control Field Manual
                (ThirdEdition), pages 51 to 53, for additional information).

                4. Wind Erosion

                a. Dust Control
                Briefly describe dust control BMPs that will generally stabilize exposed sur-
                faces and minimize activities that suspend or track dust particles (please con-
                sult the Erosion and Sediment Control Field Manual (Third Edition), pages
                41 to 43, for additional information).

                b. Sweeping
                Describe a frequenq' of sweeping that will ensure that sediments are removed
                from hard surfaces within and adjacent to the site.  Do not wash sediment or
                debris into storm drain systems. Debris should be collected and deposited
                into areas of open soil as long as debris consists mainly of soil material.
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5. Practices to Minimise Contact with Storm Water
Storm water management practices to minimize contact of construction ve-
hicles, equipment, and materials with storm water shall be discussed within
this section (please consult the Erosion and Sediment Control Field Manual
(ThirdEdition), pages 93 to 115).

a. Construction Vehicles and Equipmenr

i)  Maintenance
    Maintain all construction equipment ro prevent oi! or other fluid leaks.
    Keep vehicles and equipment clean, prevent excessive build-up of oil and
    grease.
    Use off-site repair shops.
    Keep stockpiled spill cleanup materials readily accessible.
    Regularly  inspect on-site vehicles and equipment for leaks,  and  repair
    immediately.
    Check incoming vehicles and equipment (including delivery trucks, and
    employee and subcontractor vehicles) for leaking oil and fluids.  Do not
    allow leaking vehicles or equipment on-site.
    Segregate and recycle wastes,  such as greases, used oil or oil filters, anti-
    freeze, cleaning solutions, automotive batteries, hydraulic, and transmis-
    sion  fluids.

ii) Fueling
    If fueling must occur on-site, use designated areas away from drainage.
    Locate on-site fuel storage tanks within a bermed  area designed to hold
    the tank volume.
    Cover retention area with an impervious material and install it in a man-
    ner to ensure that any spills will be contained in the retention area.
    Always use secondary containment, such as a drain pan or drop cloth, to
    catch spills or leaks when removing or changing fluids.
    Use drip pans for any oil or fluid changes.

iii) Washing
    Use as little water as possible to avoid installing erosion and sediment
    controls for the wash area.
    If washing must occur on-site, use designated, bermed wash areas to pre-
    vent waste water  discharge into storm water, creeks, rivers, and other
    water bodies.
    Use phosphate-free, biodegradable soaps.
    Do not permit steam cleaning on-site.
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Page 92
                b. Materials
                    List materials delivered and stored on-site in this section.
                    Describe methods planned to minimize the amount of such materials on
                    site.
                    Describe methods for secondary containment (during periods of rain or
                    during the rainy season, store materials in covered areas and in secondary
                    containment structures such as earthen dikes, horse trough, or spill blan-
                    kets with a surrounding berm).
                    Describe chemical storage methods.  Keep chemicals in their original
                    containers and well labeled at all times. If drums must be kept uncovered,
                    store them at a slight angle to reduce corrosion and ponding of rainwater
                    on the lids.

                6. Construction Material Loading. Unloading, and Access Areas
                Genera] practices for preventing and reducing storm water pollution from
                construction material loading and unloading should be described.  Access ar-
                eas should also be described in this section.

                7. Waste Management and Disposal
                Describe waste disposal practices on the construction site. The discharge of
                pollutants to storm water from solid or construction wastes will be reduced or
                prevented by providing designated waste collection areas and containers, ar-
                ranging for regular disposal, and training employees and contractors (please
                consult the Erosion and Sediment Control Field Manual (Third Edition),
                pages 95 to 115. for additional information).
                a. Concrete Wash-Out
                Indicate the location and description of concrete wash out areas on the con-
                struction site.  Please consult the Erosion and Sediment ControlFieldManual
                (ThirdEdition), page 107 to 108, for information on concrete waste manage-
                ment techniques.
                b. Miscellaneous Waste
                Describe miscellaneous waste  plans. Be sure to conduct a weekly pickup of
                miscellaneous waste around the construction site.  Because  erosion control
                devices tend to collect waste, waste should be removed regularly.

                8. Pre-ConstcuctSon Control Practices
                This section shall describe all pre-construction practices aimed at reducing
                sediment and other pollutants in storm water discharges. Also describe per-
                manent control measures within  the vicinity of the project that can be used
                for this purpose. The amount of anticipated storm water run-on must be
                considered to  determine the appropriateness of the BMP chosen.  Show all
                calculations for anticipated storm water run-on, and describe all BMPs imple-
                mented to divert off-site drainage around or through the construction project.

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E.  l\Inn-5torm Water Management
Describe all non-storm water discharges to receiving waters that are proposed
for the construction project.  Non-storm water discharges should be elimi-
nated or reduced to the extent feasible.  Include the locations of such dis-
charges and descriptions of all BMPs designed for the control of pollutants in
such discharges.  One-time discharges shall be monitored during the time that
such discharges are occuring.  A qualified person should be assigned the re-
sponsibility for ensuring that no materials other than storm water are dis-
charged in quantities which will have an adverse effect on receiving waters or
storm drain systems. The name and contact number of that person should be
included in the SWPPP document.

Non-storm water liquids and wastes that are present on the construction site
shall be described in this section or other sections.  The discussion should
include procedures to minimize risks, conserve water, prevent erosion, and
reduce the transport of pollutants.

Discharging sediment laden water which will cause or contribute to water
pollution from a dewarering site or sediment basin into any receiving water or
storm drain without filtration or equivalent treatment is prohibited. Contact
the Regional Board if you are uncertain as to whether water is polluted. •

F.  Maintenance, Inspection, and Repair of
Structural Controls
Structural controls require ongoing inspection, maintenance, and repair. The
discharger at all rimes shall properly operate and maintain any facilities and
systems of treatment and control which are installed or used by the discharger
to achieve compliance with the General Permit and the requirements of the
SWPPP.

Describe procedures  for responding to a  potential failure of structural con-
trols.  Indicate who will be responsible for inspection, maintenance, and re-
pair, in addition to the equipment available to rectify any immediate prob-
lems whhin a 2 hour period, an 8  hour period, and 24 hour period. A list of
emergency contact people should  also be listed.
                           Discharging
                           sediment laden water
                           which will cause
                           or contribute to
                           water pollution
                           from a dewatering site
                           or sediment basin
                           into any receiving water
                           or storm drain
                           without filtration
                           or equivalent treatment
                           is prohibited.
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                    Most
    post-construction BMPs
                      or
permanent control measures
        should be prepared
      early in the planning
            or design stage
             of the project.
G.  Spill Prevention and Control
Measures to prevent, control, and cleanup spills shall be described in this sec-
tion. Clean up of spills should be immediate, automatic, and routine. They
should also be performed by a trained staff member or a licensed cleaning
company. Emergency contact numbers should also be listed in this section.
Contact the appropriate local emergency response agencies immediately to re-
port all minor and major spills.

1. Minor Spills
Minor spills are those which are likely to be controlled by on-site personnel.
After contacting local emergency response agencies, die following actions should
occur upon discover}- of a minor spill:

•   Contain the spread of the spill.
•   If the spill occurs on paved or impermeable surfaces, clean up using "dry"
    methods (i.e. absorbent materials, cat litter, and/or rags).
•   If the spill occurs in dirt areas, immediately contain the spill by construct-
    ing an earthen ciike. Dig up and properly dispose of contaminated soil.
•   If the spill occurs during rain, cover the impacted area to avoid runoff.
•   Record all steps taken to report and contain spill.

2. Major Spills
On-site personnel should noc attempt to control major spills until the appro-
priate and qualified emergency response staff have arrived at the site. In addi-
tion to local authorities, notify the Governor's Office of Emergency Services
Warning Center at (800)  852-7550.  For spills of federal reportable  quanti-
ties, also  notify the National Response Center at (800) 424-8802.  A written
report should be sent to all notified authorities. Failure to report major spills
can result in significant fines and penalties.

H.  Post-Construction Storm Water Management
Describe the control practices to reduce pollutants in storm water discharges
after all construction phases have been completed at the site. The plan should
address short and long-term funding sources, responsible party and mainte-
nance of post-construction measures once construction is complete.
Most post-construction BMPs or permanent control measures should be pre-
pared early in the planning or design stage of the project. For most projects
there will be no single  practice to address all post-construction storm water
quality problems. Instead, a multi-level strategy will need to be developed
and implemented.  In  addition, measures should be consistent with all re-
gional, state, or local post-construction storm water management requirements,
policies, and guidelines.
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I.  Personnel Training
Briefly describe the formal and informal training of those individuals respon-
sible for:
    responsible for SWPPP preparation, implementation, and permit
    compliance;
    installation, inspection, maintenance, and repair of BMPs
    overseeing, revising, and amending the SWPPP.

All maintenance, repair, monitoring, reporting, and inspection requirements
of the SWPPP and the General Permit shall be conducted by trained person-
nel.

J.  List of Contractors / Subcontractors
The SWPPP shall include a list of all contractors and subcontractors respon-
sible for implementing the SWPPP.

Provide the company's name, address, and telephone number.  In addition, a
contact person from within the company(s) should be named along with tele-
phone number and address.

K.  Other Plans
Other agencies may have issued permits for the construction project or im-
posed certain conditions. If so, describe the conditions and include a copy of
the permit in an appendix to the SWPPP.

L.  Monitoring and  Reporting Requirements

1. General Plan Summary
Describe the projects monitoring program and reporting system  (please con-
sult the Erosion and Sediment Control Field Manual (Third Edition), pages
123 to 129, for additional information). Such a program and  system is a
record keeping process to find out how wel! the BMPs are working and to
evaluate whether additional BMPs are required.

If special project requirements call for monitoring using chemical analyses, a
description of the sampling and analysis plan should be included in an appen-
dix to the SWPPP and noted within this section of the Plan.

Note: The RWQCB may require the discharger to conduct additional site
inspections, to submit reports and certifications, or perform sampling and
analysis.
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                   With
          the exception of
  noncompliance reporting,
dischargers are not required
    to submit these records.
2. Site Inspections
Describe site inspection plans in this section.  List the name(s) and contact
number(s) of those qualified personnel responsible for inspections of the con-
struction site prior to anticipated storm events, during extended storm events,
and after actual storm events.

Pre-storm inspections are to ensure that BMPs are properly installed and main-
tained.  Post-storm inspections are to ensure that the BMPs have functioned
adequately.

The results of the inspection and assessment must be recorded, and should
include the date of inspection, name(s) of inspector, and the observations.
Also describe tracking or follow-up procedures to address deficiencies in con-
trol practices or in the SWPPP implementation process.

3. Compliance Certification
Each discharger or qualified assigned personnel listed by name and contact
number must certify annually that the project  is  in compliance with the re-
quirements of the General Permit and its SWPPP. This certification will be
based on the site inspections described above and should be attached to the
Plan.  Certification must be complete by July 1 of each year.

4. Noncompliance Reporting
Dischargers who cannot certify compliance with the General Permit and the
SWPPP, and/or who have had other instances of noncompliance, must sub-
mit a noncompliance notification within 30 calendar days of identification of
noncompliance.  Corrective measures should be implemented immeduiately
following discovery that water quality standards were exceeded.  The notifica-
tion must identify the type(s) of non-compliance, including an initial assess-
ment of any impact caused by the event; describe the actions taken to achieve
compliance; and include a time schedule (subject  to modifications by the
RWQCB) indicating when compliance will be achieved.

5- Records
Records of all inspections, compliance certifications, and noncompliance re-
porting must be retained as part of the SWPPP for a period of at least three
years. Upon completion of the project's construction and termination of cov-
erage under the General Permit, all records shall be retained by the owner/
operator with a copy of the final Plan.
                                                                                                       During
                                                                                                       extended storm events,
                                                                                                       inspections shall be requ\
                                                                                                       each 24-hour period.
             Page 96
                        SWPPP  GUIDELINES

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                Exercise 2
Determining the R Factor for the Construction
                  Waiver


-------

-------
                                       Exercise 2:
                               Construction Site Waiver
                          Determining the Rainfall Erosivity
                        ("R" factor) For Your Construction Site
Background
On December 8,1999, EPA published final regulations for storm water discharges, including
discharges from construction activity disturbing between one and five acres. Under these rules,
permitting authorities have the option of providing a waiver from construction general permit
requirements to construction site operators, under two sets of circumstances. The first, based on
a low R factor, is described in this fact sheet. (Note that although EPA uses the maximum R
factor of 5 in this fact sheet, permitting authorities may set a lower threshold.)

What is the R Factor?
The R factor (Rainfall Erosivity factor) is a measure of the average annual erosive force of
rainfall. R factor values have been assigned to every geographic area of the United States. The R
factor is an annual value. To calculate the R factor for a period less than a year, the erosivity
index (El) must be used.  The El factor has been distributed throughout the calendar year in two-
week increments and is a cumulative percentage of the expected energy and intensity of storms
which historically occur during the year. To calculate the R factor for a period less than a year,
you must  first find the El percentage for that period and multiply  it by the annual R factor.

R factors will tend to decline during seasonal dry periods, since there is a lower probability that a
runoff-producing storm will occur. Certain construction projects that are scheduled within these
low R-factor windows may be eligible for waivers.  Each waiver is specific to the applicant's
planned construction schedule, so if the project extends beyond the planned completion date, the
applicant must recalculate the project's R factor and apply for a new waiver, or seek permit
coverage if the R factor is too high for waiver eligibility. This could happen if, for instance, a late
fall project extended into the winter  snowy season.
What is the waiver provision?
If the construction general permit allows, operators of construction activity disturbing one to five
acres have the option to apply for a waiver from the NPDES General Permit if the R factor for
their period of disturbance is less than five.

The intent of the waiver provisions is to waive only those sites which are not reasonably expected
to impact water quality. Before applying for a waiver, operators of constructing sites are
encouraged to consider the potential water quality impacts which may result from their project
and to carefully examine such factors as proximity to water resources, and sensitivity of receiving
waters.

-------
How is the waiver provision applied?
Waivers are only available through the permitting authority, which has been given considerable
flexibility regarding the implementation of the waiver provision. The permitting authority may
decide to implement waivers in limited areas of its jurisdiction, to use waivers only during
certain times of the year, to set an R-factor threshold lower than five, or to not implement the
provision at all.

What Reference Materials Do I Need to Determine the R Factor for My Project?
There are three important reference sources, and all are located in Chapter 2 of USD A's
Predicting Soil Loss Erosion by Water: A Guide to Conservation Planning With the Revised
Universal Soil Loss Equation (RUBLE) (U.S. Government Printing Office, January, 1997). They
are:

»     Figure 2-7: El Distribution Zones for the Contiguous U.S.
«3*     Figures 2-1 through 2-5: Isoerodent Maps of the Eastern U.S., Western U.S., California,
       Oregon/Washington, and Hawaii, respectively.
•s-     Table 2-1: El As a Percentage of Average Annual Value Computed for Geographic Areas
       Shown in Figure 2-7.

Can I use a personal computer to determine the R factor?
The RUSLE program is available for personal computers. Unfortunately, the R factor
calculations are based on the closest major city and are not detailed enough to determine a site-
specific waiver.  EPA will work with USDA and States to try to  make the above maps available
electronically.

Where can I get help?
Your local soil conservation district office can provide assistance with R values, RUSLE, and
other conservation related issues.  To find the office nearest you  look in the government section
of the phone book under soil conservation district, conservation district, natural resource
conservation district, etc.

Copies of the Rainfall Erosivity Chapter from Predicting Soil Erosion By Water, A Guide to
Conservation Planning With  the Revised Universal Soil Loss Equation (RUSLE) are available
from EPA's storm water Phase II web site (www.epa.gov/owm/sw/phase2)

-------
                         Calculating the R Factor:  Exercise 2A
                        P^s^^^^^^^^^^^^^^^^^p^^^^^^^^^^ps
                   Construction started and completed within one calendar year.
                             Location: Belle Fourche, South Dakota
Project Details: Start date will be March 1 with an estimated completion date of May 15.
1.  Estimate the start date for your project. This
    is the day you expect to begin disturbing soils,
    which includes al! grubbing, excavating,
    stockpiling, and grading activities. Round to the
    nearest 15-day period (e.g., June 1 or 15)

2.  Estimate the completion date for your project.
    This is the day you expect to have established a
    permanent vegetative cover of at least 70% over
    all remaining disturbed areas.  Round to the
    nearest 15-day period.

3.  Identify your El Distribution Zone.
    Refer to Figure 2-7 and find your El distribution
    zone based on your geographic location.

4.  Identify your percent El Value.
    Refer to Table 2-1. Find your El Distribution
    Zone (Step 3) in the left column.  Next, locate 15-
    day periods which correspond to the dates
    obtained in Steps 1 and 2 to find the percent El
    for your site.  Subtract the starting El percentage
    from the ending El percentage. The maximum
    annual El value for a project is 100%.

5.  Identify your Isoerodent Value.
    Refer to Figure 2-1.  Enter the isoerodent value
    for your area.

6.  Calculate your R Factor.
    Multiply the percent value obtained in Step 4 by
    the annual isoerodent value obtained in Step 5.
    This is your R Factor.
 Start Date:
 (i)
Completion
      Date:
         El
Distribution
      Zone:
  Ending EI%:


  Starting £1%:


  El Value:
  Isoerodent
     Value:
   R Factor:
 (2)
 (3)
                (End% - Start0/.)
<4a)


(4b)


<4c)





 (5)




 (6)

-------
                          Calculating the R Factor: Exercise 2B

                             Construction spanning two calendar years
                                        Amarillo, Texas
For a construction project spanning two calendar years, R Factors must be calculated for each portion of
each calendar year. For a project lasting from August 1 to April 15, El percentages must be calculated
for August 1 - December 31 AND for January 1 - April 15.  The sum of these two values is then used to
determine the R Factor for the project.
1.   Estimate the start date for your project.  This
    is the day you expect to begin disturbing soils,
    which includes all grubbing, excavating,
    stockpiling, and grading activities.  Round to the
    nearest 15-day period (e.g., June I or 15)

2.   Estimate the completion date for your project.
    This is the day you expect to have established a
    permanent vegetative cover of at least 70% over
    all remaining disturbed areas. Round to the
    nearest 15-day period.

3.   Identify your El Distribution Zone.
    Refer to Figure 2-7 and find your El distribution
    zone based on your geographic location.

4.   Identify your percent El Value.
    Refer to Table 2-1. Find your El Distribution
    Zone (Step 3) in the left column. Next, locate
    1 Sday periods which correspond to the dates
    obtained in Steps 1 and 2 to find the percent El
    for your site. Subtract the starting El percentage
    from the ending El percentage.

5.   Add the El values.

6.   Identify your Isoerodent Value.
    Refer to Figure 2-1. Enter the isoerodent value
    for your area.

7.   Calculate your R Factor.
    Multiply the percent value obtained in Step 4 by
    the annual isoerodent value obtained in Step 5.
    This is your R Factor.
 Start Date:
 (1)
Completion
      Date:
         El
Distribution
      Zone:
  Ending EI%:
  Starting El%:
  El Values:
  Sum of El
    Values:

  Isoerodent
     Value:

   R Factor:
 (2)
 (3)
                (End% - Start%)
(4a)


(4b)



(4c)




 (5)



 (6)

 (7)

-------

-------
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-------
Rainfall-Runoff Erosivity Factor (R)
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-------
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-------
           Exercise 3
Construction Storm Water Permitting

-------

-------
                                     Exercise 3:
                        Construction Storm Water Permitting

For this exercise, you will be presented with scenarios describing different types of construction
activities. It is your job to determine, for each scenario, whether the construction activity should
be permitted under either Phase of the Storm Water Program, and if so, who is the party
responsible for permit compliance. Assume that a general permit for small construction activity
has been issued in all of these locations and includes waivers for an R factor less than 5 and
TMDL indicates storm water controls are not needed.

Read along on your exercise handout as the speaker describes each construction scenario. After
each scenario, use the decision tree to help determine whether the construction activity described
should be permitted under the NPDES Storm Water Program.  For those construction activities
which you determine should be permitted, determine the party responsible for SWPPP
development and implementation and NOI and NOT submittal.

-------

-------
                          Construction Activities Storm Water Program
                                         Permitting Decision Tree
       oes the construction
     activity discharge storm
    water runoff to an MS4 or
       waters of the U.S.?
                                                                           How many acres
                                                                        will be disturbed by the
                                                                           nstruction activity?
                                                                               Greater than or equal 1
                                                                                and less than 5 acres
                                                                                                   5 or more acres
                                                                                                        A permit is required
                                                                                                          under Phase I.1
                                        s the construction
                                     activity part of a larger
                                  common plan of developme
                                           or sale?
No NPDES storm
 water discharge
permit is required.
      the construction activity
  part of a larger common plan of
development or sale that will disturb
        5 or more acres?
                           What is the
                    planned disturbance of the
                      larger common plan of
                         velopment or sale?


•Less than 1 acre



Greater than or equal to
1 and less than 5 acres



5 or more acres

4
                 Storm water discharge associate
                  with small construction activity"2
                       Joes the construction
                  activity occur during a negligible
            rainfall period where the rainfall erosivfty factor
               ("R" in the RUBLE) is less than 5 during
                     the period of construction
                            activity?3
                          "Has a TMDL"
                       or equivalent analysis"
                    addressing the pollutants of
                 concern led to a determination that
                    storm water controls are not
                        necessary for smalt
                           construction
                            activity?4
                                                          Yes
                                                    Yes
                                                                    The construction activity qualifies
                                                                    for a waiver.  No permit is required
                                                                    but the construction operator must
                                                                     certify to the waiver conditions.
                             No
                                                                    An NPDES storm water discharge
                                                                    permit is required under Phase II.
1.  Construction activity disturbing, or part of a planned disturbance of, five or more acres is a "storm water discharge associated with industrial
   activity" under category (x). See 40 CFR 122.26(b)(14)(x).
2.  See new 122.26(b)(15) for the definition of 'storm water discharge associated with small construction activity."
3.  See new 122.26{b)(15)(i)(A) for more details.
4.  See new 122.26(b)(15)(i)(B) for more details.

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                                       Scenario A
 Ms. Ella Bowroom buys a 13-acre lot in a rural area. She plans to build a house and a garage on
 the lot, overseeing and approving the site plans and work of the contractor. The construction of
 each building will disturb 1  1/4 acres. The RUSLE has been applied to this construction site and
 the R (rainfall erosivity) factor for the estimated period of construction is 14.

 Does this project require a permit? Who is responsible for developing and implementing the
 SWPPP and submitting the NOI?
                                       Scenario B
 State MegaFone plans to replace 40 miles of its overhead telephone lines along a major highway
 with underground fiber-optic cables.  This project will be completed in ten 4-mile segments.
 Each of which will disturb approximately 3 acres.

 Does this project require a permit?
I                                       Scenario C

 Paveall, Inc. plans to convert fifteen acres of farmland to an upscale suburban shopping mall.
 The construction will disturb all fifteen acres.  The site engineers have applied the Revised
 Universal Soil Loss Equation and determined the R factor to be 4.5 during the period of
 construction.

 Is Paveall, Inc. required to obtain permit coverage for storm water discharges from this site?
                                       Scenario D
 Mr. Morehouse is a homebuilder who buys eight quarter-acre lots. He plans to build a home on
 each lot, the construction of which will disturb the full quarter-acre on each lot. The rainfall
 erosivity factor for this site during the period of construction is 17. A TMDL has been developed
 for the stream this project discharges to which determined that the sediment impairment is due to
 agricultural runoff and small construction in the watershed is an insignificant contributor to that
 sediment loading.

 Is a permit required?

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                                       Scenario E
 Mr. Morehouse is also building a custom home on a half-acre lot in a six-acre subdivision,
 comprised of six half-acre lots and three acres of open space (which will not be disturbed). A
 general contractor is overseeing the construction on all lots in the subdivision. The construction
 of the homes will disturb the full half-acre on each lot. The R (rainfall erosivity) factor from the
 RUSLE is 6 for the period of construction.

 Is a permit required?
I                                       Scenario F


Ken Structer is a contractor working for an out-of-state landowner who has purchased a one-acre
lot in a five-acre planned shopping center. Mr. Structer has been hired to oversee the
construction of a record store and parking area on this lot. The RUSLE has been applied to this
site and the R (rainfall erosivity) factor has been determined to be 3 during the period of
construction activity.

Does this construction activity require a storm water permit and, if so, who needs to get the
permit?
                                       Scenario G
I
 XYZ Construction Company hired and is supervising a subcontractor to clear and grade a 1.5
 acre lot.  An R (rainfall erosivity) factor of 8 has been calculated for this construction activity.

 Does this project require a permit? Who is responsible for developing and implementing the
 SWPPP and submitting an NOI?

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-------
             Module 4
Storm Water Pollution Prevention Plans

-------
I

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Storm Water Pollution Prevention Plans
                                                                             Module 4
           Storm
              Prevention Plans
       5 Major Phases in Developing
       and Implementing a SWPPP
       » Planning and Organization
       I Assessment
       » BMP Identification
       » Plan Implementation
       > Evaluation
  »•*
       Construction SWPPP
             (from -98CGP)

> Site Description
I Controls to Reduce Pollutants
  • Erosion and Sediment Controls
  • Stabilization Practices
  • Structural Practices
  • Storm Water Management
  • Other Controls
  • State/Tribal and Local Controls
EPA NPDES Storm Water Program Training Course
                                                                                  4-1

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Stom? Water Pollution Prevention Plans
                                                                                   Module 4
          Construction SWPPP (cont.)
                     (from '98CGP)
         Maintenance
         Inspections
         Non-Storm Water Discharges
         Additional Requirements
         Contractors and Subcontractors
  *•£  Site Description
  §
• Description of the construction activity
» Sequence of major soil disturbing events
I Total area and disturbed area acreage
  Runoff coefficient pre/post construction
» Site map
I Location of industrial discharges
» Name of receiving waters
  ESA info; historical places
       Controls to Reduce Pollutants
            Erosion and Sediment Control Goals
       I Retain sediment on site
       > Properly select and install control measures
       > Remove off-site accumulation of sediment
       > Remove sediment from sediment traps
       I Prevent litter from entering streams
       I Address off-site material storage
EPA NPDES Storm Water Program Training Course
                                                                                         4-2

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Storm Water Pollution Prevention Plans
                                                                                  Module 4
  .<
  r*
     CiA

   .
Controls to Reduce Pollutants

     Stabilization Practices
  Temporary Seeding
  Permanent Seeding
  Mulching
  Sod Stabilization
  Vegetative Buffer Strips
  Preservation of Trees
  Contouring and Protection of Sensitive Areas
        Controls to Reduce Pollutants
            Structural Practices
         Earth Dike
         Silt Fence
         Drainage Swales
         Sediment Traps
         Check Dams
         Level Spreader
         Subsurface Drain
                   I Pipe Slope Drain
                   > Temporary Storm
                      Drain Diversion
                   > Storm Drain Inlet
                      Protection
                   I Rock Outlet
                      Protection
                   I Other Controls
        Controls to Reduce Pollutants
            Storm Water Management
        » Description of storm water management
         measures
        » Construction permit only covers installation
         of these measures
        » Measures should address the volume and
         velocity of runoff, as well as reduce the
         quantify of pollutants'discharged post-
         construction
EPA NPDES Storm Water Program Training Course
                                                                                       4-3

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Storm Water Pollution Prevention Plans
                                                                                Module 4
  c
  f?
Controls to Reduce Pollutants
     Other Controls

I Description of construction and waste
  materials stored on site
» Description of controls to minimize
  pollution from these materials
> Spill Prevention and Response Plans
  f*
Controls to Reduce Pollutants
     State/Tribal and Local Controls
I SWPPP should be consistent with
  procedures and requirements of State/Tribal
  and local sediment and erosion control
  plans and storm water management plans.
       Maintenance

       I BMPs must be maintained in effective
         operating condition

     ,  > Any repairs must be performed before next
         anticipated storm event, if possible.
  "t

  •*
EPA NPDES Storm Water Program Training Course
                                                                                     4-4

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 Storm Water Pollution Prevention Plans
                                                                                  Module 4
        Inspections

        > Inspect at least every 14 calendar days and
          within 24 hours after any storm event of 0.5
          inches or greater
        I Recommend 'walk through' inspection
          before anticipated storm events
        > Once inspection is complete, a signed report
          must be completed and retained
        Non-Storm Water Discharges

        t Identify non-storm water discharges that
         combine with storm water and discuss
         pollution prevention measures
   c
   HI-
   c;
       Industrial SWPPP
       (from 2000 proposed MSGP)
Pollution Prevention Team
Description of the Facility and Potential
Pollution Sources
 • Description of Facility Site and Receiving
  Waters/Wetlands
 • Summary of Potential Pollutant Sources
 • Significant Spills and Leaks
 • Allowable and Prohibited Non-Storm Water
  Discharges
 • Sampling Data
EPA NPDES Storm Water Program Training Course
                                                                                       4-5

-------
Storm  Water Pollution Prevention Plans
                                                                                            Module 4
             Industrial SWPPP (cont.)
                 (from 2000 proposed MSGP)

       > Selection and Implementation of Storm
         Water Controls
          • Nonstructural Controls
             • Good Housekeeping
             • Minimize Exposure
             • Preventive Maintenance
             • Spill Prevention and Response Procedures
             • Routine Inspections
             • Employee Training
          • Structural Controls
             • Sediment and Erosion Control
             • Management of Runoff
&
              Industrial SWPPP (cont.)
                 (from 2000 proposed MSGP)

         Other Controls
         Maintenance
         Controls for Alllowable Non-Storm Water
         Discharges
         Comprehensive Site Compliance Evaluation
         Applicable State, Tribal, or Local Plans
         ESA and NHPA requirements
         Copy of the permit with the SWPPP
         Recordkeeping and keeping the SWPPP current
         Signature, Plan Review, and Access to SWPPP
EPA NPDES Storm Water Program Training Course
                                                                                                     4-6

-------
            Module 5
The NPDES MS4 Storm Water Program





        [Slides and Handouts]
                                        ZL,

-------

-------
The NPDES MS4 Storm Water Program
Module 5
              Module 5

               The MS4
      Storm Water Program
        MS4 Storm Water Program

    •Coverage: Three types of regulated
      MS4s
    • Permit options
    •Permit application requirements
    •Permit requirements
    •Exercise: Determining status as a
      regulated small MS4
           What is an MS4?

    A municipal separate storm sewer system
    (MS4) is:
    A conveyance or system of conveyances... owned
    by a State, city, town, or other public entity that
    discharges to waters of the U.S. and is:
     * designed or used for collecting or conveying
     storm water
     * not a combined sewer
     > not part of a Publicly Owned Treatment Works
     (POTW)
EPA NPDES Storm Water Program Training Course
      5-1

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The NPDES MS4 Storm Water Program
Module 5
           Phase I MS4 Coverage
     Phase I covers Medium and Large MS4s

       * Medium MS4s are in places with a
        population of 100,000 < 249,999

       * Large MS4s are in places with a population
        of>250,000

       > Many MS4s in places less than 100,000 have
        also been designated by the PA
         Medium and Large MS4s
         Permit Application — Part 1

      Key Elements:
      • General information
      • Existing legal authority
      • Source identification information
      • Discharge and representative outfall
        characterization
      • Existing storm water management
        programs description
      • Proposed Part 2 sampling plans
         Medium and Large MS4s
         Permit Application — Part 2

       Key Elements:
       • Enhanced information from Part 1
       • Description of proposed storm
         water management program
       • Assessment of proposed storm
         water management program
       • Fiscal analysis
EPA NPDES Storm Water Program Training Course
       5-2

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The NPDES MS4 Storm Water Program
Module 5
     Medium and Large MS4 Program
            Permit Requirements

     I MS4 operators required to "reduce the
     discharge of pollutants to the MEP"

     I MS4 Storm Water Management Programs:
       > Identify major outfalls and pollutant loadings
       * Detect and eliminate non-storm water
        discharges to the storm sewer system
       > Reduce pollutants in runoff from industrial,
        commercial and residential areas
       > Control storm water discharges from new
        development & redevelopment areas
     Medium and Large MS4 Program
            Permit Requirements

    • Storm Water Management Programs must
     be approved by the PA

    • Once approved, an individual permit is
     created and issued by the PA

    • Under permit, MS4 operators must also:
      * Conduct analytical and visual monitoring
      * Submit periodic program assessment
       reports
      Medium and Large MS4 Program
                The Permittees

    Status of Medium/Large MS4 Permitting:

    • 179 permits issued; 56 permits in the process

    • 994 total permittees including State DOTs,
      municipalities, universities, and regional
      authorities/districts

    • Majority of permittees were designated by the
      PA (located in areas <100,000)
EPA NPDES Storm Water Program Training Course
       5-3

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 The NPDES MS4 Storm Water Program
Module 5
     Storm Water Phase II Final Rule
            Small MS4 Coverage

     What is a "small" MS4?

     A small MS4 is any MS4 that is not
     already designated and regulated as a
     medium or large MS4, and includes
     Federally-operated systems.
      Storm Water Phase II Final Rule
             Small MS4 Coverage

     A regulated small MS4 is any small
     MS4:

      > Located in an "urbanized area"
       ("automatic" nationwide designation)
       and not waived by the PA; or

      » Designated by the PA
           Small MS4 Coverage
         Urbanized Area Definition

      A central place (or places) and the
      adjacent densely settled surrounding
      territory that together have a
      minimum residential population of
      50,000 people and a minimum average
      density of 1.000 people/square mile.
EPA NPDES Storm Water Program Training Course
      5-4

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The NPDES MS4 Storm Water Program
Module 5
            Small MS4 Coverage
             Urbanized Area Map

           Small MS4 Coverage
       Determining Location inaUA

   i Operators of small MS4s should determine if
    they are located within the boundaries of a
    Bureau of the Census-defined "urbanized area"
    that is based on the latest decennial Census

   I Operators have several options for finding the
    necessary information concerning UA
    boundaries
           Small MS4 Coverage
       Determining Location in a UA

   I Appendix 6 to the preamble
   Iwww.census.gov/mp/www/geo/msgeol2.html
   lhttp://factfmder.census,gov/java_prod/dads.
    ui.homePage.HomePage
   I State Data Centers
EPA NPDES Storm Water Program Training Course
      5-5

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The NPDES MS4 Storm Water Program
Module 5
            Small MS4 Coverage
            Designation by the PA
   \ The PA must develop and apply designation
    criteria to small MS4s, located outside of a
    UA, serving a jurisdiction with  > 10,000
    population and >l,000/sq. mile population
    density
           Designation by the PA
             Designation Criteria

     I Discharge to sensitive waters
     I High growth or growth potential
     I High population density
     I Contiguity to an urbanized area
     I Significant contributor of pollutants to
      waters of the U.S.
     I Ineffective protection of water quality by
      other programs
           Designation by the PA

     I The PA must also designate any small
      MS4 that is substantially contributing
      pollutants to a physically interconnected
      regulated MS4
EPA NPDES Storm Water Program Training Course
       5-6

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The NPDES MS4 Storm Water Program
Module 5
       Regulated Small MS4 Waivers
                Waiver Option 1

    Available where...

     > The regulated small MS4 serves a population of
      less than 1,000 within the UA
     > The regulated small MS4 is not contributing to the
      pollutant loadings of a physically interconnected
      regulated MS4
     > If the regulated small MS4 is discharging to an
      impaired water body, storm water controls are not
      needed based on a TMDL that addresses the
      pollutants of concern
       Regulated Small MS4 Waivers
               Waiver Option 2

    Available where...

     > The regulated small MS4 serves a population of
      less than 10,000
     > The PA has evaluated all waters that receive a
      discharge from the regulated small MS4
     > The PA has determined that storm water
      controls are not needed based on a TMDL or
      equivalent analysis that addresses the pollutants
      ofconcern
     > The PA has determined that future discharges
      will not impact water quality.
       Regulated Small MS4 Phase-In
    The PA may phase-in the requirements
    for regulated small MS4s with
    populations less than 10,000 on a
    schedule consistent with a State
    watershed permitting approach
EPA NPDES Storm Water Program Training Course
       5-7

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The NPDES MS4 Storm Water Program
Module  5
            Regulated Small MS4
            Permit Requirements

    I Required to develop, implement and enforce
     a program to:
      > Reduce the discharge of pollutants to the
       maximum extent practicable (MEP)
      * Protect water quality
      > Satisfy the appropriate water quality
       requirements of the Clean Water Act

    I Program must include:
      * Six minimum control measures
      > Evaluation/assessment efforts & recordkeeping
           Regulated Small MS4
            Permit Requirements

    I Must submit an NOI or individual permit
     application and identify the following elements
     for each minimum control measure:
      * Best management practices
      * Measurable goals
      * Timing and frequency of the actions
      * Responsible persons

    I EPA will issue a "menu" of BMPs as  guidance
            Regulated Small MS4
            Permit Requirements


    Must evaluate program and submit reports:

      > Annual reports in the first permit term, in
       years 2 and 4 in subsequent terms

      h No monitoring is required under the rule,
       but may be required by the PA

      * Also need to keep relevant records for at
       least 3 years
EPA NPDES Storm Water Program Training Course
       5-8

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The NPDES MS4 Storm Water Program
Module 5
            Regulated Small M$4
            Permit Requirements

   Reports must include:
      * Status of compliance with permit conditions:
       • Assessment of BMPS and measurable goals
      * Results of any info collected and analyzed,
       including monitoring data
      > A summary of the storm water activities planned
       for the next reporting cycle
      > A change in any measurable goals or BMPs
      > Notice that relying on another entity, if applicable
            Regulated Small MS4
               Permit Options

   General Permit

   • Strongly encouraged by EPA
   • Application: Notice of Intent (NOI) required
   • Application requirements: Follow rule
     requirements in sections 122.33-122.35
   • Permit requirements: Found in section 122.34
            Regulated Small MS4
               Permit Options
     Individual Permit

     • Application requirements:
       > Option 1 • Phase II application
       > Option 2 - Phase I application
     • Permit requirements: As found in 12234 or
      122.26(d)
EPA NPDES Storm Water Program Training Course
       5-9

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 The NPDES MS4 Storm Water Program
Module 5
            Regulated Small MS4

               Permit Options

  Modification of Existing Phase I Permit —
    Co-permittee with Medium/Large MS4

  • Application requirements:
     * Comply with applicable Phase I MS4 application
      requirements in lieu of Phase II requirements
  • Permit requirements:
     > Comply with the applicable terms of the
      modified permit in lieu of Phase II requirements
            Regulated Small MS4

         Permit Flexibility for the PA

    Qualifying State, Tribal and Local Programs

    • PA may include conditions in permit that direct
      the operator to follow a "qualifying" program's
      requirements rather than the requirements of
      the minimum control measures in 122.34(b)


    • The permittee's compliance with the qualifying
      program is deemed compliance with the
      NPDES permit for the particular measure(s)
            Regulated Small MS4

         Permit Flexibility for the PA

      Recognizing Existing State, Tribal and
       Local Responsibilities

      • In the small MS4 permit, the PA may
       recognize that another governmental entity is
       responsible, under an NPDES permit, for one
       or more of the minimum control measures

      • The permittee is not obligated to include the
       particular measure(s) in their program
EPA NPDES Storm Water Program Training Course
       5-10

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 The NPDES MS4 Storm Water Program
Module 5
            Regulated Small MS4

         Permit Flexibility Examples

      I Qualifying local programs
        * State program requires MS4 operators to
         eliminate illicit discharges


      I Recognizing existing programs
        * Phase I county has developed outreach
         program for whole county
     Small MS4 Implementation Options

     • Become a co-permittee with another
       regulated small, medium, or large MS4

     • Seek own permit but rely on another
       entity for one or more of the minimum
       control measures
          • Must be as stringent
          • Make a note in NOI and reports
          * Must have permission
          • Permittee remains liable
          Deadlines for Small MS4
                Compliance

   I "Automatically" designated small MS4s:
     > Permit coverage by March 10,2003
     * If PA has approved schedule for phasing
      coverage for MS4s <10,000 - coverage by March
      8,2007
   I Individually designated small MS4s:
     * Permit coverage within 180 days of notice
   I Full implementation of MS4's program:
     > Within S years of permit issuance
EPA NPDES Storm Water Program Training Course
      5-11

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                        Exercise 4


*
       Determining Applicability of the Phase II Program
                      for Small MS4s

-------

-------
   Exercis^^^eterminin^Applicabili^ofth
For this exercise, you are presented with 1990 census population information and maps for four
municipalities that are not currently regulated under the NPDES storm water program. For each
municipality, answer the series of questions to help you determine whether coverage is required
under Phase II and what the permitting authority and the MS4 must do.
1. Peoria, Illinois has a population of 113, 504 with a population density of 2,775 people per
square mile. The city is served partially by combined sewers and partially by separate sewers.
77,000 people are served by combined sewers and 36,504 people are served by separate sewers.

2. Leesburg, Virginia has a population of 16,202 with a population density of 1,404 people per
square mile. The city is completely served by separate sewers.

3. Lisbon, Connecticut has a population of 3,830 with a population density of 232 people per
square mile. 405 people are in the part of the city located within the UA and 3,425 people are in
the part of the city located outside the UA.  The city is completely served by separate sewers.

4. Burlington, Vermont has a population of 39,127 with a population density of 3,709 people per
square mile. The city is completely served by separate sewers.
1. Is the population served by the MS4 greater than 100,000?
2. Is the MS4 located within an urbanized area (UA)?
3. If the MS4 is located within a UA, is the population served by the MS4 within the UA less
than 1,000 or less than 10,000?
4. If the MS4 is not located in a UA, is the population greater than 10,000 people and is the
density greater than 1,000 people per square mile?
5. What is required of the PA and the MS4/

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                How to Determine if an MS4 is in an Urbanized Area
Appendix 6: The most readily available resource is Appendix 6 to the Preamble of the December
8,1999 Rule. Appendix 6 lists governmental entities that are partially, or fully located within an
urbanized area boundary. Appendix 6 is a general guidance list only, it is not a listing of all
governmental entities that are subject to Phase II and, therefore, EPA recommends that a small
MS4 operator confirm its potentially regulated status through alternative means.

Enviromapper:
EPA is modifying a web-based geographic program called Enviromapper. This will allow MS4
operators to enter a location and see a detailed map of the UA boundary. Information about
Enviromapper will be available at www.epa.gov/owm/phase2.

The Bureau of the Census:  Urbanized Areas Staff: 301457-1099
A publication titled Urbanized Areas of the U.S. and Puerto Rico provides 8x11 maps of every
UA and listings of all governmental entities located fully or partially within the UAs.  This book
is currently out of print but is still available at considerable cost.

www. census.gov:
The site provides information on purchasing UA maps and electronic files for use with
computerized mapping systems.  Obtain free UA cartographic boundary files (Arc/Info export
format) for Geographical Information System (GIS) use at:
www.census.gov:80/geo/www/cob/ua.html.

To view and print maps that display the urbanized areas, go to:
http://factfindW.census.gov/javajrod/dads.ui.homePage.HomePage
and click on reference maps. To only display the urbanized areas, click on boundaries under
display and make sure that Census Track, Block Group and Place are not checked.

UA Maps: Detailed UA maps are available for purchase with a $25 minimum order ($5  per map
sheet). Each map sheet measures 36 by 42 inches.  For prices and a listing of UAs, visit
www.census.gov/mp/www/geo/msgeo 12.html. Order from the Department of Commerce,
Bureau of the Census (MS 1921), P.O. Box 277943, Atlanta, GA 30384-7943 (Phone: 301
457-4100; Toll-free fax:  1-888-249-7295).

Planning Agencies: Consult with a local, regional, or State planning agency.

NPDES Permitting Authority: Consult with your NPDES permitting authority. Each PA
should have gathered the relevant UA information from the Bureau of the State Data Center that
houses Bureau of the Census data (every state has one).

State Data Centers:  Each State's Data Center receives listings of all entities that are located in
UAs,  as well as detailed maps and electronic files of UA boundaries. The Bureau of the Census
web site includes a list of contact names and phone numbers for the data in each State at
www.census.gov/sdc/www.


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 Urbanized Areas
 ^
U.S. DEPARTMENT OF COMMERCE Economics and Siatistics Administration Bureau of the Census
ILLINOIS-14
MAPS

-------
  Urbanized  Areas
   WASHINGTON, DC-MO-VA
DISTRICT 26,

  DGTRCT B.lKRTt
                                                                                                                    OGIRCT I9.UCANORE
                      D6T3CT 3.
                      MOXE10WJ
                                                                          Lisccvery-Sprinf
                                                                   rfn DISTRICT u. MOUNT PLEASANT
                    DlSTRCT M. JEFFERSON
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                                                        CENTKVUEAga^^f^  *>-5
U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration  Bureau of the Census
                                                                                                                           VIRGIN/A-13
MAPS

-------
  Urbanized  Areas
   NEW LONDON-NORWICH, CT

                             Red Cedar
                             v Lake
                 GOLDEN/^
                     HILLU

                 Detp River j£s
                  Reservoir
        NORTH STONNGTON


r-PAUCATUCK
.J EASTERN PEQUOT
                                                                      LEDYARO

                                                                               V--L...
                                                                     fcSASHANTUCKET
                                                                            PEQUOT
                                and Statistics Administration  Bureau of the Census
CONNECTICUT-6
                                                                                                           MAPS

-------
  Urbanized  Area
                                                                                LEGEND
MAINE

DANE •

POWER

CAMPO
                                 Stale

                                 S*jec! HSA/PMSA  Couity

                                 Couiiy Not Por I o! Su&jecl MSA/PMSA

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                                 or Alaska Native RegarxHCorporalion

                                 TrbciJljrisdictian StotisticdAreaTribciOesicnated
                                 Statistical Area, or Afeska Native Vlgae StctislicciArea

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   (he boundarx coincides with a Cautty.Couity Suxlivisoxor Ptoce bouxwy:
                   YORK          Coully

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   An cster.sk (otowilg a place name Indicates tut tne place 's
   coextensive with o county &£divtsiori Trie ccuily subdivision
   name is spawn only when it differs from the ploc« name.

   A tarrock joins contiguous ana/or discontiguois
   parts of the  some geographic entity.

   Components  of an Urbanized Area

      ncorporoted Place

      Census Designmed Ftoce

      Other Area

NoWiAltegutxxndories and names ore os of Jaruory 11990.
Where internationclStote, county, and/or county subdivision
boundaries coinckie,tre map sno«s the bounoary syrrbcifor only
the hic/iest-rarfcVig of these geographic entities. Where crt
inlernationilSlote.coixity.or county suidivisian txtroay coroaes
witn o puce Douidary.the mcp aoes not sno« the puce ocunatry
symsol
U.S. DEPARTMENT  OF COMMERCE  Economics and Statistics Administration  Bureau  o* the  Census

MAPS
                                                                                                                                                                   VERMONT-1

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                                  MS4 Storm Water Program
                                    Permitting Decision Tree
           Is
        the MS4
       located in an
incorporated place or county
(unincorporated area) with a
        population
       01100,000 or
         more?
                                                                                   hat is the
                                                                               population of the
                                                                             incorporated place or
                                                                              unty (unincorporate
                                                                                   area)?
                                                            100,000 to 249,999
                                                                                     250,000 or greater
           Has the MS4 been
        individually designated into
        the NPDES Storm Water
         Program by the NPDES
        permitting authority prior to
               Phase II?
                                                     The MS4 is a medium
                                                     MS4 and is required to
                                                       obtain an NPDES
                                                     storm water discharge
                                                     permit under Phase I
                                                      (deadline passed).
              Is'tne MS4
            located within an
            "urbanized area"
         boundary as delineated
          by the Bureau of the
               Census?
                                                        Does the MS4
                                                      serve a population
                                                      less than or equal
                                                          to 1,000?
               Does the
         MS4 serve a juridiction
       with a population of at least
     10,000 and a population density
          of at least  1,000/sq.
                mile?
                                                     Does the MS4 serve a
                                                   opulation less than 10,000?
                                 The MS4 is a large MS4
                                 and is required to obtain
                                 an NPDES storm water
                                 discharge permit under
                                    Phase I (deadline
                                       passed).
                                     The MS4 is a regulated
                                      small MS4 that may
                                      potentially be waived
                                       from the permitting
                                      requirements by the
                                       NPDES permitting
                                      authority. See new
                                    122.32(d) for the specific
                                         waiver criteria.
                                     The MS4 is a regulated
                                      small MS4 that may
                                      potentially be waived
                                       from the permitting
                                      requirements by the
                                       NPDES permitting
                                      authority. See new
                                    122.32(e) for the specific
                                         waiver criteria.
   The MS4 is a
 small MS4 that is
  not required to
. obtain an NPDES
   storm water
 discharge permit.
                     The MS4 is a small MS4
                  required to be evaluated by the
                    NPDES permitting authority
                      and, therefore, has the
                  potential to be designated, into
                     the NPDES Storm Water
                    Program. If designated, the
                      small MS4 becomes a
                    regulated small MS4 and is
                   required to obtain an NPDES
                   storm water discharge permit
                   under Phase II by March 10,
                     2003. See new Sections
                      123.35(b)(3) and (b){4).
The MS4 is a regulated small
   MS4 and is required to
  obtain an NPDES storm
water discharge permit under
 Phase II by March 10. 2003.

-------


-------
               Module 6
Examples of Municipal BMPs and Measurable
                  Goals

                  [Slides]

-------

-------
Minimum Measures. BMPs & Measurable Goals
Module 6
                Module 6
        Minimum Measures, BMPs
          and Measurable Goals
      Minimum Control Measure:
      Public Education and Outreach


    MUST:
    -> Distribute educational materials to the
      community, or

    -»Conduct equivalent outreach activities about
      the impacts of storm water discharges on
      water bodies and the steps that the public can
      take to reduce pollutants in storm water
      runoff
      Minimum Control Measure:
      Public Education and Outreach

   RECOMMEND:
   -•May use materials provided by others
   ••Inform public on how to get involved in storm water
    program activities
   -* Tailor program to target specific groups of entities,
    particularly those likely to have significant storm
    water impacts
   ••Address the viewpoints and concerns of minority and
    disadvantaged communities
EPA NPDES Storm Water Program Training Course
     6-1

-------
 Minimum Measures. BMPs & Measurable Goals
Module 6
      Public Education and Outreach
  Wliat Are Some BMPs for Implementing This Measure?
  ••Develop and distribute brochures on proper
   septic system maintenance
  •*Target specific groups - outreach to restaurants
   on impact of grease clogging storm drains
  •» Develop alternative information sources, such as
   web sites, bumper stickers, refrigerator magnets.
   and restaurant placemats
  •* Storm Drain Stenciling
  "Develop educational programs for school-age
   children

Public Education and Outreach
What Are Appropriate Measurable Goals?
Target
1 year
2 years
3 years
4 years
Activity
3 Brochures developed and distributed in water
utility bills
A web site created; school curricula developed;
storm drains stenciled.
75% of public reached with storm water educational
material
Survey shows 20% increase in public awareness of
storm water


      Minimum Control Measure:
     Public Involvement/Participation
  MUST:
  ••Comply with State, Tribal and local public
    notice requirements

  RECOMMEND:
  — Provide opportunities for the public to
    participate, such as:
     - Local storm water management panel
     - Volunteer monitoring
EPA NPDES Storm Water Program Training Course
     6-2

-------
 Minimum Measures. BMPs & Measurable Goals
Module 6
            Public Participation
   WisatAre Some BMPs for Implementing This Measure? '
   "Set up a local storm water management panel
     which includes members of the public
   -»Establish volunteer water quality monitoring
     program
   ••Stream Clean Up Days
   "•Use volunteers groups to find/map outfalls
   "Set up a hotline for water quality complaints

Public Participation
What Are Appropriate Measurable Goals?
Target | Activity
1 year
2 years
3 years
4 years
Notice of a public meeting in different print media
and bilingual flyers: local SW panel established
Final recommendations of local SW panel: radio
spots promoting program and participation.
3 Stream Clean Up days held every year
Volunteer monitoring results published


      Minimum Control Measure:
  Illicit Discharge Detection and Elimination

    What are some sources of illicit discharges?
    ••Sanitary wastewater
    •Effluent from septic tanks
    "Improper auto and household toxics disposal
    -»Do all illicit discharges need to be addressed?
    "No, not all illicit discharges are illegal
        (e.g., fire fighting, dechlorinated
        swimming pool water, etc.)
EPA NPDES Storm Water Program Training Course
     6-3

-------
Minimum Measures. BMPs & Measurable Goals
Module 6
       Minimum Control Measure:
   Illicit Discharge Detection and Elimination

   MUST:
   •* Develop a sewer system map of all outfalls and the
    names of all receiving waters
   —Prohibit non-storm water discharges, through an
    ordinance or other means, and implement
    appropriate enforcement procedures
   •"•Implement a plan to detect and address non-storm
    water discharges
   •*lnform public of hazards associated with illegal
    discharges and improper disposal of waste
       Minimum Control Measure:
   Illicit Discharge Detection and Elimination

       RECOMMEND:
       ••A plan with procedures for:
         • Locating priority problem areas
         • Tracing the source of an illicit discharge
         • Removing the source
         • Program evaluation & assessment
       — Promotion of public reporting of discharges
       — Distribution of outreach materials
       •* Storm drain stenciling
   Illicit Discharge Detection & Elimination
  WliatAre Some BMPs for Implementing This Measure?
   —Collect ail existing information on outfall locations
     (e.g., city records, drainage maps, storm drain maps),
     and then conduct field surveys to verify locations;
   —Coordinate volunteers for locating outfalls or
     stenciling storm drains.
   — Locate problem areas for detailed screening using
     methods such as public complaints; visual screening;
     water sampling from manholes and outfalls during dry
     weather; and infrared and thermal photography.
   —Initiate recycling programs for commonly dumped
     wastes, such as motor oil, antifreeze, and pesticides.
EPA NPDES Storm Water Program Training Course
                                                                                                    6-4

-------
Minimum Measures,  BMPs & Measurable Goals
Module 6
    Illicit Discharge Detection & Elimination
   Wlittt Are Some BMPs for Implementing This Measure?

    — Determine the source of the problems using methods
     such as:
      • dye-testing buildings in problem areas;
      i dye- or smoke-testing buildings at the time of sale;
      » tracing the discharge upstream in the storm sewer;
      . employing a certification program that shows that buildings
        have been checked for illicit connections;
      • implementing an inspection program of existing septic
        systems; and
      • using video to inspect the storm sewers.

Illicit Discharge Detection & Elimination
What Are Appropriate Measurable Goals?
Target | Activity
1 year
2 years
3 years
4 years
Outfall locations mapped; recycling program for
household hazardous waste in place.
Ordinance in place; training for public employees
completed
50% of priority areas have been screened for illicit
discharges; households participating in quarterly
household hazardous waste special collection days.
all identified illicit connections have been fixed.


       Minimum Control Measure:
         Construction Site Storm Water
                  Runoff Control
  MUST:
  •*Develop a program to reduce pollutants from
    construction activities that disturb > 1 acre
  -»Use an ordinance, or other regulatory means, with
    penalties, that requires appropriate E&S controls
    •and requirements to control waste
  ••Have procedures for:
     • site plan review
     • site inspection & enforcement
     • public input
EPA NPDES Storm Water Program Training Course
      6-5

-------
 Minimum Measures, BMPs & Measurable Goals
Module 6
       Minimum Control Measure:

         Construction Site Storm Water

                 Runoff Control

  RECOMMEND:
  -• Procedures for site plan review should include review of
    individual pre-construction site plans

  -•Procedures for site inspections and enforcement could
    include steps to identify priority sites based on the
    nature of the site, topography, soil characteristics, and
    receiving water quality,

  -» Provide appropriate educational and training measures
    for construction site operators
      Construction Site Runoff Control
   What Are Some BMPs for Implementing This Measure?


   ••Develop an ordinance that requires controls for
     polluted runoff from construction sites that
     disturb more than one acre;

   •* Develop procedures for site plan reviews and

     inspections:

   •» Provide guidance or training to local
     construction operators on appropriate E&S
     controls
Construction Site Runoff Control
What Are Appropriate Measurable Goals?

Target Activity
I year
2 years
3 years
4 years
Ordinance or oilier regulatory mechanism in place:
procedures for information submitted by the public in
place.
Procedures for site inspections implemented:
educational program for construction operators in
place
75% of local construction operators trained
90+% of sites complying with local ordinance


EPA NPDES Storm Water Program Training Course
      6-6

-------
Minimum Measures. BMPs & Measurable Goals
Module 6
       Minimum Control Measure:
   Post-construction Storm Water Management in
       New Development and Redevelopment

   MUST:
   •» Develop a program, using an ordinance or other
     regulatory means,  to address runoff from new
     development and redevelopment projects that
     disturb > 1 acre
   •» Implement strategies with a combination of
     structural and/or non-structural BMPs
   ••Ensure adequate long-term operation &
     maintenance (O&M) of BMPs
      Minimum Control Measure:
    Post-construction Storm Water Management
      in New Development and Redevelopment
    RECOMMEND:
    •* The BMPs chosen should:
      • be appropriate for the local community
      • minimize water quality impacts
      • attempt to maintain pre-development runoff
       conditions
    -»Participate in watershed planning efforts
    — Assess existing ordinances, policies, and programs that
      address storm water runoff quality
    •» Provide opportunities for public participation
     Post-Construction/New Development/
                Redevelopment
        What Are Some Ron-Structural BMPs for
            Implementing This Measure?

    -Address post-construction impacts through a planning
     approach that considers water quality:
     - master plans
     - watershed plans
     * low impact development
     - smart growth
    "•Establish site-based local controls such as buffer strip
     and riparian zone preservation, minimization of
     disturbance and imperviousness, and maximization of
     open space.
EPA NPDES Storm Water Program Training Course
      6-7

-------
Minimum Measures. BMPs & Measurable Goafs
Module 6
      Post-Construction/New Development/
                Redevelopment
     Witat Are Some Structural BMPs for Implementing
                  This Measure?

    »Incorporate storm water storage into your system:
     - wet ponds.
     - dry basins, or
     - multi-chamber catch basins
    > Promote infiltration systems:
     - infiltration basins/trenches,
     -dry wells, and
     - porous pavement

Post-Construction/ New Development/
Redevelopment
What Are Appropriate Measurable Goals?
Target | Activity
1 year
2 years
3 years
4 years
Strategies developed that include structural
and/or non-structural BMPs.
Strategies codified by use of ordinance or
other regulatory mechanism.
Reduced percent of new impervious surfaces
associated with new development projects.
Improved clarity and reduced sedimentation
of local waterbodies.


      Minimum Control Measure:
      Pollution Prevention/Good Housekeeping
            for Municipal Operations
   MUST:
   -••Develop an O&M program to prevent or
    reduce pollutant runoff from operations

   ••Include employee training to prevent and
    reduce storm water pollution from activities
    such as the maintenance of park and open
    space, buildings, and storm water systems.
EPA NPDES Storm Water Program Training Course
      6-8

-------
Minimum Measures. BMPs & Measurable Goals
Module 6
       Minimum Control Measure:
      Pollution Prevention/Good Housekeeping
             for Municipal Operations
   RECOMMEND:
   "Maintenance activities and schedules, and long-term
     inspection procedures
   —Controls on the discharge of pollutants from streets,
     salt/sand storage areas, waste transfer stations, etc.

   •* Procedures for disposing of waste from the MS4

   •* Ensure new flood management projects assess
     impacts on water quality
   Pollution Prevention/ Good Housekeeping
           for Municipal Operations
   What Are Some BMPs for Implementing This Measure?

   •* Establish maintenance activities, maintenance
     schedules, and long-term inspection procedures for
     structural and non-structural controls
   •» Establish procedures for the proper disposal of waste
     removed from the separate storm sewer systems,
     including dredge spoil, accumulated sediments,
     iloatabies, and other debris.
   •> Develop programs that promote recycling, minimize
     pesticide use and protect salt sand storage
Pollution Prevention/ Good Housekeeping
for Municipal Operations
What Are Appropriate Measurable Goals?

Target
I year
2 years
3 years
4 years
Activity
Pollution prevention plan completed: employee
training materials developed; procedures in place for
catch basin cleaning and street sweeping.
Training for appropriate employees completed:
recycling program fully implemented.
Some pollution prevention BMPs incorporated into
master plan: a certain percentage reduction in
pesticide and sand/salt use; maintenance schedule for
BMPs established.
A certain percentage reduction in floatables
discharged: a certain compliance rate with
maintenance schedules for BMPs; controls in place
for all areas of concern.


EPA NPDES Storm Water Program Training Course
      6-9

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-------
                        Module 7
0
                   Federal and State MS4s


                           [Slides]

-------
*

-------
Federal and State MS4s
Module 7
                  Module 7
          Federal and State MS4s
              Federal & State Facilities

         i Federal facilities not regulated by Phase I
         i Phase II includes the "United States" in the
          definition of a small MS4
         i Phase II MS4s include Federal and State*
          operated small MS4s
         i Examples include universities, prisons,
          hospitals, roads (i.e., departments of
          transportation), military bases, and office
          buildings/complexes.
              Implementation Issues

        i How does the rule account for unique
         characteristics of Federal and State MS4s?
        i What if the operator lacks legal authority?
        i How can the program be implemented where
         there are multiple regulated entities?
        i Are individual Federal buildings such as post
         offices regulated small MS4s?
        i What is required for Federal facilities covered
         under an industrial storm water permit?
        i How is population determined for the "under
         1,000 waiver"?
EPA NPDES Storm Water Program Training Course
      7-1

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Federal and State MS4s
Module 7
                  Populations

       i Many Federal or State-operated MS4s, such
        as medical clinics and DOTs serve non-
        resident populations
       i Others, such as military bases, prisons, and
        State universities, serve populations that
        differ from a typical municipal population
       i Population should be people served by MS4
       i Waiver decision may be complicated by other
        factors
                Legal Authority

       i Some Federal and State operators do
        not have the necessary legal regulatory
        authority to implement some minimum
        measures
       i Rule does  not require legal authority
       i State and Federal MS4s are expected
        to utilize the authority they do possess
        and to seek cooperative arrangements
       Implementation Where There Are
          Multiple Regulated Entities


      • Coverage of multiple governments and
        agencies in a single area is likely


      • EPA encourages State and Federal
        small MS4 operators to establish
        cooperative agreements with cities and
        counties in implementing their storm
        water programs.
EPA NPDES Storm Water Program Training Course
     7-2

-------
Federal and State MS4s
Module 7
        Implementation Strategies -
         Choose Appropriate BMPs

       i Phase II requires the permittee to
        choose appropriate (BMPs) for each
        minimum control measure

       i Following: examples of tailored BMPs
        that Federal or State operators can
        implement for each measure:
      Public Education and Outreach

       • Distribute brochures and post fliers to
         educate employees of a Federal
         hospital about the problems associated
         with storm water runoff
        i Advise employees against carelessly
         discarding trash on the ground or
         allowing their cars to leak oil/fluids in the
         parking lot
                    Public
         Participation/Involvement

       i Provide notice of storm water
        management plan development and
        request volunteers to help develop the
        plan

       i Hold meetings at which employees of a
        Federal office complex are encouraged
        to voice their ideas about the effort
EPA NPDES Storm Water Program Training Course
     7-3

-------
Federal and State MS4s
Module 7
        Illicit Discharge Detection and
                   Elimination

       • Develop a map of the storm sewer system on
         a military base
       • Perform visual dry weather monitoring of any
         outfalls to determine whether the storm sewer
         is receiving any non-storm water discharges
       • If a dry weather flow is found, trace it back to
         the source and stop the discharge
       • If a military base traces an illicit discharge to
         its border, the base should notify the
         adjoining MS4 for further action
        Construction Site Runoff Control

       • Require the implementation of erosion and
        sediment controls for any Federal or State
        DOT road construction
       • The DOT would review site plans, perform
        inspections, and establish penalties in the
        construction contract
       • If construction is done by the regulated DOT
        instead of a private contractor, the DOT could
        be penalized by the NPDES PA for non-
        compliance with its MS4 permit if controls are
        not properly implemented.
          Post-Construction Runoff
                      Control

        i Require the implementation of post-
         construction storm water controls for
         any new construction on the grounds of
         a prison
        i This can be required as part of a
         construction contract, instituted as
         internal policy, and considered during
         site plan review
EPA NPDES Storm Water Program Training Course
      7-4

-------
Federal and State MS4s
Module 7
            Pollution Prevention/Good
           Housekeeping for Municipal
                    Operations
        i Train maintenance staff at a State university
         to employ pollution prevention techniques

         Examples:
         - routinely pick up trash from the university grounds
         - use less salt on the parking lots and access roads
           in the winter
         - perform any maintenance of university vehicles
           under shelter only
         - limit pesticide use to the minimum needed
         - keep dumpster lids closed
          Implementation Strategies -
          Working with Other Entities

        i In the case of limited capabilities or legal
         authority the permittee can work
         with neighboring small MS4s to form a shared
         storm water management program
        i Each permittee is responsible for activities
         within individual legal authorities and abilities
        i Permittees may rely on other entities, with
         their permission, to implement those
         minimum measures that the permittee is
         otherwise unable to implement
        Working with Other Entities -
                    Examples

        i A State DOT with limited regulatory
        legal authority can reference a local
        sewer district's illicit detection and
        elimination program in its permit
        application, provided the program
        sufficiently addresses illicit discharges
        into the DOT's storm sewer  system.
EPA NPDES Storm Water Program Training Course
      7-5

-------
Federal and State MS4s
Module 7
        Working with Other Entities -
                    Examples

       i The permittee or permitting authority
        can reference programs such as:
         - Coastal nonpoint pollution control
          programs
         - State or local watershed programs
         - State or local construction programs
         - Environmental education efforts by public
          or private entities.
        Working with Other Entities -
                   Examples

      • The permittee can become a co-
        permittee with a neighboring Phase I
        MS4 through a modification of the
        Phase I MS4's individual permit.
      • This may be the most logical and
        preferable option for those Federal and
        State entities located in close proximity
        to Phase I MS4s
           Individual Federal or State
         Buildings: Are They Regulated
                  Small MS4s?

      • Phase II states that the definition of small
        MS4 does not include individual buildings.
      • Most of these buildings have, at most, a
        parking lot with runoff or a storm sewer that
        connects with a municipality's MS4
      • These buildings may have a municipal
        separate storm sewer but they do not have a
        "system" of conveyances
      • A federal complex of two or three buildings
        could be treated as a single building and not
        be required to apply for coverage
EPA NPDES Storm Water Program Training Course
     7-6

-------
Federal and State MS4s
Module 7
           individual Federal or State
         Buildings: Are They Regulated
                  Small MS4s?

       i Permitting authorities should use their
        best judgment as to the nature of a
        complex and its storm water
        conveyance system and whether it
        should be regulated as a small MS4
       i Permitting authorities should also
        consider whether the federal or State
        complex cooperates with its
        municipality's efforts to implement  their
        storm water management program
                      DOTs

       i Storm water discharges from State DOTs in
        Phase 1 areas should already be regulated
        under Phase I
       i The preamble to Phase 1 dearly states that
        "all systems within a geographical area
        including highways and flood control districts
        will be covered"
       i Many permitting authorities regulated State
        DOTs as co-permittees with the Phase 1
        municipality in which the highway is located.
  m           Permit Coverage

      • Do federal facilities already covered
        under an industrial storm water permit
        have to get additional permit coverage
        as an MS4?
  HI  • Federally or State-operated industrial
        sources are currently regulated
      • Sources regulated due to their industrial
        discharges may already be
        implementing some Phase It municipal
        requirements
EPA NPDES Storm Water Program Training Course
     7-7

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-------
                  Module 8
Interaction of the Industrial, Construction, and MS4
             Storm Water Programs

              [Slides and Handouts]

-------

-------
Interaction of the MS4,  Industrial, and
Construction Programs
                                                                     Module 8
            Module 8
      Interaction of the MS4,
         Construction, and
        Industrial Programs
            Training Review

       We have addressed:
       • Who is covered
       • Who is responsible for obtaining
        permit coverage
       • What is required and when

       Now will address:
       • Similar but different requirements
       • Multiple responsibilities
        Review of Industrial Program

      I Permit can be:
       -EPA'sMSGP
       -State General Permit
       - Individual Permit
      I Covers 10 categories of industrial
       activity
EPA NPDES Storm Water Program Training Course
8-1

-------
Interaction of the MS4, Industrial, and
Construction Programs
Module 8
        Changes to Industrial Program


       IISTEA moratorium will expire

       i "No exposure" exclusion expanded to
        all industrial categories

       ! AH industrial categories must either:
        - Submit No Exposure Certification
        - Apply for Permit Coverage
       Review of Construction Program


      • Construction disturbing 5 or more
        acres is regulated as industrial activity
      • Construction disturbing 1-5 acres is
        regulated "to protect water quality"
      • Different CWA basis allows for
        waivers for "small construction"
             Construction Permits

      • Specific Requirements for small
       construction will be in GP
      • Current CGP expires 2/2003
      • Small CGP will be issued by 12/2002
      • EPA's next CGP will contain requirements
       for all construction activity
      • Requirements may be different for small
       and large construction
EPA NPDES Storm Water Program Training Course
        8-2

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Interaction of the MS4, Industrial, and
Construction Programs
                                                                             Module 8
           Review of MS4 Program

      I Medium/Large MS4 program required
       detailed application & individual permit
      I Small MS4 program will have general
       permits & NOIs as application
      i All MS4s required  to meet MEP standard
      I Small MS4s have no requirements for:
       - Monitoring
       —Oversight of Industrial Activity
           Multiple Responsibilities
            Construction Operators

     • Any location - must obtain NPDES coverage
     • Located in regulated MS4 - must also comply
       with MS4's construction requirements
     • MS4 construction requirements similar to
       CGP but no SWPPP required
     • CGP can reference qualifying local program
     • Compliance with QLP is compliance with
       NPDES permit
        Reasons for MS4 Construction
                Requirements

       • Requirements tailored to locality
       • Local oversight more effective
        than just State oversight
EPA NPDES Storm Water Program Training Course
8-3

-------
Interaction of the MS4,  Industrial, and
Construction Programs
                                                                             Module 8
      Reasons for NPDES Construction
                Requirements

       • SWPPP required
       • Federal and Citizen enforcement
       • Controls discharges from
         construction to all waters of US,
         not just to MS4s
          Multiple Responsibilities
              Industrial Operators

       I Industry in medium/large MS4 must
       notify MS4
       i Industry that undertakes construction
       must comply with construction permit
       requirements
          Multiple Responsibilities
             Municipal Operators

      I If MS4 is construction or industrial
       operator it must obtain permit
       coverage for those activities
      I Coverage may be through 3 CPs or
       individual permit that includes industrial
       and municipal requirements
      I Small MS4 application date is same for
       municipal and industrial requirements
EPA NPDES Storm Water Program Training Course
8-4

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-------

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-------

-------
                        Exercise 5
11
       Determining Multiple Responsibilities Under the
                NPDES Storm Water Program


-------

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-------


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10) Military-operated construction activity disturbing
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MS4 operator


11) Military-operated vehicle maintenance facility
(Sector P under the MSGP) on a federal military base
that discharges storm water runoff into a Phase 1 MS4
(not operated by the military)


12) Military-operated hazardous waste storage facility
(Sector K under the MSGP) on a federal military base
that discharges storm water runoff into a Phase II MS4
(not operated by the military)

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                       Module 9
o
           Benefits, Costs and Funding Mechanisms



                          [Slides]

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Phase II Benefits, Costs, and Funding
Mechanisms
Module 9
              Module 9

          Phase II Benefits, Costs
        and Funding Mechanisms
    Potential Impacts from Storm Water
    Destruction/Degradation of aquatic habitat
    Accelerated loss of storage in
    ! akcs/rcscr voi rs
    Diminished water recreation experiences
    Reduced aesthetic and preservation values
    Increased hydroelectric facility impairment
    Accelerated stream bank erosion
    Increased flood damages
    Reduced inftitratton/groundwaicr recharge
      Phase II Cost/Benefit Estimates
   Very difficult to estimate costs because:
   • Lots of flexibility in the rule
   • Permit writers can specify more stringent
   requirements
   • Each city is has different climate, topography,
   pollutants of concern, and existing programs

   How much is clean water worth?
EPA NPDES Storm Water ProgramTraining Course
        9-1

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Phase II Benefits, Costs, and Funding
Mechanisms	
    Comparison of Annual Compliance
         Cost and Benefit Estimates
     Total Annual Benefits
S67! M-1.63B
     Costs
     • Municipal Minimum Measures    S298 M
     • Construction Controls           S545 - 679 M
     • I:ed/Staie Admin. Costs          S5 M
     Total Annual Costs        S848 - 9Si  M
        average annual per household cost = 59.16
         Source: EPA. Phase li Filial Rule Ci»t-Bcncfil Analysis
                                                             Module 9
      Another Phase II Cost Estimate

       Basic Program for city with 50.000
  • Initial start-up (Year 1) - $37,600
     - $0.75 per person per year
  • Annual Costs (Years 2-5) - S81, 700
      S1.63 per person per year

  Goal is to meet the minimum requirements. Permit writer
    may want more.
  I£PA estimated an average oFS3.50 per person per year.

   Source: Reese. Andrew. 2000. NPDES Phase II CVst listiimlcs.
   !N: Proceeding!*. National Conference on Tools Cor Urban Water
   Resources .Management A Prolccliiin, Chicago. l''cb. 2000.	
      Another Phase II Cost Estimate

       Expanded Program for city with 50.000
  • Initial sum-up (Year 1) - $308,150
     - Sft.l <> per person per year
  • Annual Costs (Years 2-5) - S381.850
      $7.64 per person per year

  < ioal is to improve water quality through an aggressive
    program, nut to just meet the minimum requirements.
  K!*A estimated an average of S3.50 per person per year.

   Source: Reese. Andrew. 2(KX). XPDES Phase II Cost Estininivs.
   IX: Proceedings. Narioim! ('oiHercnce on Tools for Urban Water
   Resources Management & f'rotection. Chicago. I-'cb. 2000.	
EPA NPDES Storm Water Program Training Course
                                                                       9-2

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Phase II Benefits,  Costs, and Funding
Mechanisms	
JModule 9
         Putting It Into Perspective
      Using even Andy's highest cost estimate of
           $7.64 per capita for year one:
      Don't forget business pays their share
      Things that you already do arc not "new"
      costs
      $7.64 per year is $0.66 per month
      Can you afford to lose a local water
      resource?
      Can you afford to have a 303(d) watcrbody?
     Phase II Action Plan (Reese. 2000)
    1  Assess your status
      - in, potentially in, or out of Phase 11?
    1  Get to know your permit writer
    1  Assess your surface waters
    1  Assess your own program
    •  Check out your neighbors
    1  Get a team together
    •  Develop an action plan
    1  Get started
        Phase II Funding/Financing
                  Strategies
     Debt Financing - used for capital-intensive
     projects, debt is issued to finance SWM
     programs and facilities
               c. or Regional Crams and Loans
     - ex: State Revolving Loan Fund (SRF)
     Utility Service, CJharges - rates bil led to
     customers for providing storm water
     management services
                 Source: APWA. 2
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Phase II Benefits, Costs, and Funding
Mechanisms                   	
^Module 9
        Phase II Funding/Financing
              Strategies (com.)
      Local Improvement Districts - individual
      properties benefited by storm water projects
      arc assessed to fund the project
      General Fund
      Plan .Review and Inspection Fees
      Fec-in-l.ieu of On-Sitc Construction
        Phase II Funding/Financing
              Strategies (cont.)
    • Developer Participation - Developers
      construct needed facilities as n condition of
      development, and bear associated costs
    • Svstcm Development Fees/Connection
      Charge; - One time charges assessed at the
     jimc of development
    • Combination Approaches
           Storm Water Utilities

    An enterprise fund that can provide a stable
    source of funding for storm water operations and
    capital projects
    Developed property can be charged a user fee in
    proportion lo the need for storm water facilities
    or services
      Fee typically based on the amount of runofT
      gencrah.il by the property
    Establishing a Storm Water Utility in Florida
EPA NPDES Storm Water Program Training Course
         9-4

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        Module 10
Additional Tools and Resources
           [Slides]

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Additional Tools and Resources
Module  10
              Module  10

         Additional Tools and
               Resources
   * Tool Box
       / Fact Sheets
       /Guidance
       /MenuofBMPs
       /Information Clearinghouse
       /Training / Outreach
       /Technical Research
       /Support for Demonstration Projects
       /Compliance Monitoring/Assistance Tools
     Fact Sheets
    - /14 Fact sheets available on the Phase II
    *   Rule
    -,   - http://www.epa.gov/owni/sw/pha5e2/factshts.litm
     /Technical fact sheets available on storm
       water BMPs
       - http://www.epa.gov/owm/mtbfact.htm
EPA NPDES Storm Water Program Training Course
       10-1

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Additional Tools and Resources
Module 10
      Guidance
      /Phase I Guidance documents
        - Construction and Industrial BMP Guidance
        - Phase I MS4 Part I and 2 Guidance Manuals
      /Storm Water Phase II Compliance
       Assistance Guide
    '•  /No Exposure Guidance
    .'  /Guidance on Developing Measurable Goals
          MenuofBMPs
      •/ Will help small MS4 operators select
        appropriate BMPs for their program

      •/ Will not provide design specifications,
        but will provide genera! information on
        each BMP

      V Available by October 2000 followed by a
        6 month peer review
           Model General Permit
       /EPA to develop model general permit for
        small MS4s

       /Available by October 2000

       /Basis for Regulated Small MS4 permits
        which will be issued by Dec. 2002
EPA NPDES Storm Water Program Training Course
        10-2

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Additional Tools and Resources
Module 10
      Information Clearinghouse
      vTart of EPA's storm water web
       page

      y Will include a collection of relevant
       storm water web pages, research,
       guidance, links to State and local
       programs, etc.
      Training / Outreach
    '• S 2-Day Storm Water
    1   Training

    * •/1 -Day Phase II workshop
    ^
    -. •/ Center for Watershed
       Protection training
     •/IECA Construction operator
       training
    i Research / Demonstration
    ' .Projects	
     ^ ASCE BMP Effectiveness Database
     •/ EPA sponsored research on storm water
       impacts/BMPs
     V Other research on storm water BMPs
     •/ Limited funding for demonstration projects
EPA NPDES Storm Water Program Training Course
        10-3

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Additional Tools and Resources
Module  10
             ASCE BMP Database
       The purpose is to improve water
       quality nationwide by sharing
       consistent and transferable
       information on storm water best
       management practices.
        http://www.bmpdatabase.org/
     Compliance Monitoring /
     Asmtance_TooLs	
     /Protocol for Conducting Environmental
       Compliance Audits under the Storm Water
       Program (Fail 2000)
     /LGEAN (Local Government Environmental
       Assistance Network)
       - www.lgean.org
       Center for Watershed Protection  '

       Provides objective and scientifically sound
       information on effective techniques to protect;
       and restore urban watersheds

       /Model Ordinances
       /Watershed Protection Techniques
       /Storm Water Resource Center (Fall 2000)
         /http:/Avww.stormwatercenter.net
       / http://www.cwp.org
EPA NPDES Storm Water Program Training Course
        10-4

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Additional Tools and Resources
Module  10
      Urban Nonpoint Source Guidances

      •/ Coastal Zone Management
        Measures Guidance -
        Chapter 4
      y Tracking Implementation
        of Urban BMPs
      •f Economic Benefits of
        Runoff Controls
       http://www.epa.gov/owow/nps
               TMDL Guidance
    3  VTotal Maximum Daily Loads (TMDLs)
    I    - Protocol for Developing Nutrient TMDLs
        - Protocol for Developing Sediment TMDLs

    _.  -f Atlas of America's Polluted Waters

    '  •/http://www.epa.gov/owow/tmdl
      Funding Tools
            § 106 (Grants for pollution
       control programs)
      VCWA § 319 (Non-point source
       management programs)
      Estate Revolving Fund (SRF)
      ^Transportation Efficiency Act for the
       21st Century (TEA-21)
      •/ Storm Water Utilities
EPA NPDES Storm Water Program Training Course
        10-5

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Additional Tools and Resources
Module 10
           Associations to Contact

     /American Public Works Association (APWA)
        - 202.393.2792 or wtvw.apwa.net
     •/ Water Environment Federation (WEF)
        - 1.800.666.0206 or www.wcf.org
     • /American Society of Civil Engineers (ASCE)
        - 1.800.548.2723 or www.asce.org
     / International Erosion Control Association
        - 1.800.4S5.4322 or www.ieca.org
     / Industry Associations
               Who to Contact
              General Information
      /USEPA Headquarters - Phase 11 Questions
            202.260.5816
            sw2@epa.gov
            http://www.epa.gov/owm/sw

      /USEPA Regional Offices
      Estate Offices
               Who to Contact
     To Obtain Copies of Rules and Permits:
       — EPA Water Resources Center
          • 202.260.7786 (ph)
          • 202.260.0386(fax)
          * center.water-rcsourcesiSlepa.gov
       - EPA's OWM Web Site (to download copies)
          • www.epa.gov/owm/sw
     To Obtain Status of Permit (EPA issued):
       - EPA NOI Processing Center
          - 301.495.4145
EPA NPDES Storm Water Program Training Course
         10-6

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Additional Tools and Resources
Module 10
     EPA Storm Water Contacts

       Dan Weese - 202-260-6809
       - Weese.daniel@epa.EOv

       Wendy Bell - 202-260-9534
       - Bell.wendv(Siepa.gov

       John Kosco - 202-260-6385
       — K.oscojohn@epa.gov
EPA NPDES Storm Water Program Training Course
        10-7

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Environmental Protection Agency
                              §122.26
any warm or cold water aquatic animal
production  facility as a concentrated
aquatic   animal  production  facility
upon determining  that it is a  signifi-
cant contributor of pollution to waters
of the United States. In making this
designation the Director shall consider
the following factors:
  (i) The location and quality of the re-
ceiving waters of the United States;
  (ii) The holding, feeding, and produc-
tion capacities of the facility;
  (iii) The quantity and nature of the
pollutants  reaching  waters  of  the
United States; and
  (iv) Other relevant factors.
  (2) A permit application shall not be
required from a concentrated aquatic
animal  production facility designated
under this paragraph until the Director
has conducted on-site inspection of the
facility and has determined that the fa-
cility should and  could  be regulated
under the permit program.

§ 122.25   Aquaculture projects (applica-
    ble to State NPDES programs, see
    §123.25).
  (a)  Permit  requirement.  Discharges
into aquaculture projects, as defined in
this section, are subject to the NPDES
permit program through section 318 of
CWA, and in accordance  with 40  CFR
part 125. subpart B.
  (b) Definitions.  (1) Aquaculture project
means a defined managed water  area
which uses  discharges  of pollutants
into that designated area for the main-
tenance  or  production of harvestable
freshwater, estuarine. or marine plants
or animals.
  (2) Designated project area means the
portions  of the waters of the  United
States within which  the  permittee or
permit applicant plans to confine the
cultivated species,  using  a method or
plan or operation  (including, but not
limited   to,  physical  confinement)
which,- on the  basis of  reliable sci-
entific evidence,  is expected to  ensure
that specific individual organisms com-
prising an aquaculture crop will enjoy
increased growth attributable  to  the
discharge of pollutants,  and be  har-
vested within a  defined geographic
area.
§ 122.26  Storm water discharges (appli-
    cable to State NPDES programs, see
    §123.25).
  ,(a) Permit requirement. (1) Prior to Oc-
tober 1.  1994,  discharges composed en-
tirely of storm water shall not be re-
quired to obtain a NPDES permit ex-
cept:
  (i) A discharge with respect to which
a permit has been issued prior  to Feb-
ruary 4, 1987;
  (ii)  A  discharge associated with in-
dustrial activity (see §lZZ.26(a)(4));
  (iii) A  discharge from a large munic-
ipal separate storm sewer system;
  (iv) A discharge from a medium  mu-
nicipal separate storm sewer system;
  (v) A discharge  which the  Director,
or in States with approved NPDES  pro-
grams, either  the Director or the EPA
Regional Administrator, determines to
contribute to a violation of a water
quality  standard  or  is a  significant
contributor of pollutants to waters of
the United States.  This  designation
may include a discharge from any con-
veyance or system of conveyances used
for collecting  and  conveying storm
water runoff or a system of discharges
from municipal  separate storm  sewers,
except for those discharges from con-
veyances which do not require a permit
under paragraph (a) (2) of  this  section
or  agricultural storm  water  runoff
which is exempted from the definition
of point source at §122.2.
The Director may designate discharges
from municipal separate storm sewers
on a system-wide  or jurisdiction-wide
basis. In making this determination
the Director  may  consider  the  fol-
lowing factors:
  (A)  The location  of the  discharge
with respect to waters of the  United
States as defined at 40 CFR 122.2.
  (B) The size of the discharge;
  (C) The quantity and  nature of the
pollutants discharged to waters of the
United States; and
  (D) Other relevant factors.
  (2) The Director may  not require  a
permit for discharges of storm water
runoff from mining  operations or oil
and gas exploration, production, proc-
essing  or  treatment  operations or
                                    747

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§122.26

transmission  facilities,  composed  en-
tirely of flows which are from convey-
ances or systems of conveyances  (in-
cluding but not limited to pipes, con-
duits, ditches, and channels) used for
collecting and conveying precipitation
runoff and which are not contaminated
by contact with or that has not come
into contact with, any overburden, raw
material,  intermediate  products, fin-
ished  product,  byproduct  or  waste
products located on the site of such op-
erations.
  (3) Large and medium municipal sepa-
rate  storm sewer systems,  (i)  Permits
must be  obtained  for all discharges
from large and medium municipal sep-
arate storm sewer systems.
  (ii) The Director may either issue one
system-wide permit covering  all dis-
charges from municipal separate storm
sewers within a large or medium mu-
nicipal  storm sewer  system or  issue
distinct permits for  appropriate cat-
egories of discharges within a large or
medium   municipal  separate  storm
sewer system including, but not lim-
ited  to: all  discharges owned or oper-
ated by the same municipality; located
within the same jurisdiction; all dis-
charges within a system that discharge
to  the same watershed;  discharges
within a system  that are similar in na-
ture: or for individual discharges from
municipal separate storm sewers with-
in the system.
  (iii) The operator of a discharge from
a  municipal  separate  storm  sewer
which is part of a large or medium mu-
nicipal  separate  storm  sewer system
must either:
  (A) Participate in a permit  applica-
tion  (to be a permittee or a co-per-
mittee)  with one or more other opera-
tors  of discharges from the  large or me-
dium municipal  storm  sewer system
which covers  all, or a portion of all,
discharges from the municipal separate
storm sewer system;
  (B) Submit a distinct permit applica-
tion  which only covers discharges from
the  municipal separate storm sewers
for which the operator is  responsible:
or
  (C) A regional authority may be re-
sponsible for submitting a permit  ap-
plication  under  the  following guide-
lines:
          40 CFR Ch. I (7-1-99 Edition)

   (f)  The regional authority  together
 with  co-applicants shall have authority
 over  a storm water  management  pro-
 gram that is in existence, or shall be in
 existence at the time part  1 of the ap-
 plication is due;
   (2)  The permit applicant  or  co-appli-
 cants shall  establish their ability  to
 make a timely submission of part 1 and
 part 2 of the municipal application;
   (3)  Each of the operators of municipal
 separate storm  sewers within the sys-
 tems described in paragraphs  (b)(4) (i),
 (ii), and (iii) or (b)(7)  (i). (ii), and  (iii) of
 this  section,  that  are under  the  pur-
 view  of the designated regional author-
 ity, shall comply with the application
 requirements of paragraph  (d) of this
 section.
   (iv) One permit application may  be
 submitted for all or a portion  of all
 municipal separate storm sewers with-
 in adjacent or interconnected large or
 medium  municipal   separate  storm
 sewer systems. The Director may issue
 one system-wide permit covering all,
 or a  portion of  all municipal  separate
 storm  sewers in  adjacent or  inter-
 connected large  or medium municipal
 separate storm sewer systems.
   (v)  Permits for all or a portion of all
 discharges from  large or medium  mu-
 nicipal separate storm sewer systems
 that are issued on a system-wide, juris-
 diction-wide,  watershed or  other basis
 may  specify different conditions relat-
 ing to different discharges covered by
 the permit, including different man-
 agement programs  for different  drain-
 age   areas  which   contribute  storm
 water to the system.
   (vi)  Co-permittees  need only comply
 with  permit conditions relating to dis-
 charges  from the  municipal  separate
 storm sewers  for which they are  opera-
 tors.
   (4)  Discharges  through large and me-
•dium  municipal separate storm sewer sys-
 tems.  In addition to  meeting the  re-
 quirements  of paragraph (c) of this sec-
 tion,  an operator of a storm water dis-
 charge associated with industrial  ac-
 tivity which discharges through a large
 or medium municipal  separate  storm
 sewer system shall submit, to the oper-
 ator  of the municipal separate  storm
 sewer system receiving the discharge
 no later than May  15, 1991.  or 180 days
 prior to commencing such discharge:
                                    748

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Environmental Protection Agency

the name of the facility; a contact per-
son and phone number; the location of
the discharge; a description,  including
Standard    Industrial   Classification,
which best  reflects the principal prod-
ucts or services provided by each facil-
ity;  and  any existing NPDES permit
number.
  (5) Other municipal separate storm  sew-
ers. The Director may issue permits for
municipal separate storm sewers that
are   designated   under    paragraph
(a)(l)(v) of  this section on  a system-
wide basis, jurisdiction-wide basis, wa-
tershed  basis  or  other  appropriate
basis,  or  may issue  permits for  indi-
vidual discharges.
  (6) Non-municipal separate storm  sew-
ers. For storm water  discharges associ-
ated  with  industrial activity from
point sources which discharge through
a non-municipal or non-publicly owned
separate storm  sewer system, the Di-
rector,  in his discretion, may issue: a
single NPDES permit, with each  dis-
charger a  co-permittee to a  permit
issued to the operator of the portion of
the system  that discharges into waters
of the United States:  or, individual  per-
mits to each discharger of storm water
associated  with  industrial   activity
through the non-municipal conveyance
system.
  (i) All storm water  discharges associ-
ated with industrial  activity that  dis-
charge  through  a storm  water  dis-
charge system that is not a municipal
separate storm sewer must be covered
by an individual permit,  or  a permit
issued to the operator of the portion of
the system that discharges to waters of
the  United  States,   with each   dis-
charger to the non-municipal convey-
ance a co-permittee to that permit.
  (ii) Where there is more than one op-
erator of  a  single system of such con-
veyances,  all operators of storm water
discharges associated with  industrial
activity must submit  applications.
  (iii) Any permit covering more than
one operator shall identify the effluent
limitations,   or other permit condi-
tions, if any, that apply to each oper-
ator.
  (7)  Combined sewer systems.  Convey-
ances that discharge  storm water run-
off  combined with municipal  sewage
are point sources  that  must obtain
NPDES permits in accordance with the
                              §122.26

procedures of § 122.21 and are not sub-
ject to the provisions of this section.
  (8) Whether a discharge from  a mu-
nicipal  separate  storm sewer  is or  is
not  subject  to  regulation  under this
section shall have no bearing on wheth-
er the  owner or  operator  of  the  dis-
charge  is  eligible for funding  under
title II, title III or title VI of the Clean
Water Act. See 40  CFR part 35. subpart
I, appendix A(b)H.2j.
  (9) On and after October  1, 1994,  dis-
chargers composed  entirely of  storm
water, that are not otherwise already
required by paragraph (a) (1) of this sec-
tion to obtain a  permit, shall  be re-
quired to apply for and obtain a permit
according to  the  application  require-
ments in paragraph  (g)  of this section.
The Director may not require a permit
for discharges of  storm water as pro-
vided in paragraph (a) (2) of this section
or  agricultural  storm  water  runoff
which is exempted from the definition
of point source at §§ 122.2 and 122.3.
  (b) Definitions. (1) Co-permittee means
a permittee to a NPDES permit that  is
only responsible for permit conditions
relating to the discharge for which it  is
operator.
  (2) Illicit  discharge means any dis-
charge  to a municipal  separate  storm
sewer that is not composed entirely of
storm water except discharges pursu-
ant to a NPDES permit (other than the
NPDES permit for discharges from the
municipal separate  storm  sewer) and
discharges resulting from fire fighting
activities.
  (3) Incorporated place means the Dis-
trict  of Columbia,  or a  city,  town,
township,  or village that  is  incor-
porated under the laws  of the State in
which it is located.
  (4)  Large  municipal  separate  storm
sewer system means all municipal sepa-
rate storm sewers that are either:
  (i) Located in an incorporated place
with a population  of 250.000 or more as
determined  by  the  latest  Decennial
Census by the Bureau of Census (appen-
dix F): or
  (ii) Located in the counties listed in
appendix H, except municipal separate
storm sewers that  are located in the in-
corporated  places, townships or  towns
within such counties: or
  (iii) Owned or operated by a  munici-
pality  other than those described  in
                                     749

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§122.26
          40 CFR Ch. I (7-1-99 Edition)
paragraph (b)(4)  (i) or  (ii) of this  sec-
tion and that are designated by the Di-
rector as part  of the large or medium
municipal separate storm sewer system
due  to the  interrelationship  between
the discharges  of the designated storm
sewer and the  discharges from munic-
ipal  separate storm  sewers described
under paragraph  (b)(4) (i) or (ii) of this
section. In making this determination
the  Director may  consider  the  fol-
lowing factors:
  (A)  Physical  interconnections  be-
tween  the municipal separate  storm
sewers;
  (B) The location of discharges from
the  designated   municipal  separate
storm  sewer  relative  to  discharges
from municipal separate storm sewers
described in  paragraph (b)(4)(i) of  this
section;
  (C) The quantity and  nature of  pol-
lutants discharged to waters  of  the
United States;
  (D) The nature of the receiving wa-
ters; and
  (E) Other relevant factors; or
  (iv) The Director may, upon petition,
designate as a large municipal separate
storm  sewer system,  municipal sepa-
rate  storm sewers located  within the
boundaries of  a  region defined by  a
storm water  management regional au-
thority based on a jurisdictional,  wa-
tershed, or other  appropriate basis that
includes one or more of the systems de-
scribed in paragraph (b)(4) (i),  (ii),  (iii)
of this section.
  (5)   Major  municipal separate storm
sewer outfall (or "major outfall") means
a municipal separate storm sewer out-
fall that discharges from a single pipe
with an inside diameter of 36 inches or
more or its equivalent (discharge from
a single conveyance other than circular
pipe  which is associated with  a drain-
age area of more than 50 acres); or for
municipal separate storm  sewers that
receive storm water from lands zoned
for industrial activity (based on com-
prehensive zoning plans or the equiva-
lent), an outfall that discharges from a
single pipe with  an inside diameter of
12 inches or  more or from  its equiva-
lent  (discharge from other  than a  cir-
cular pipe associated  with  a drainage
area of 2 acres or  more).
  (6)  Major outfall means a major  mu-
nicipal separate storm sewer outfall.
  (7)  Medium  municipal separate storm
sewer system means all municipal sepa-
rate storm sewers that are either:
  (i) Located  in an incorporated place
with a population of 100,000 or more but
less than 250.000. as determined by the
latest Decennial Census by the Bureau
of Census (appendix C); or
  (ii) Located in  the counties listed in
appendix  I, except municipal separate
storm sewers that are located in the in-
corporated places, townships or towns
within such counties; or
  (iii)  Owned or operated by a  munici-
pality other   than  those  described in
paragraph (b)(4) (i) or (ii)  of this sec-
tion and that  are designated  by the Di-
rector as part of the large or medium
municipal separate storm sewer system
due  to the interrelationship between
the discharges of the  designated storm
sewer  and the discharges  from munic-
ipal separate  storm  sewers  described
under paragraph (b) (4) (i) or (ii) of this
section. In making this determination
the  Director  may consider  the  fol-
lowing factors:
  (A)  Physical   interconnections  be-
tween the municipal  separate storm
sewers;
  (B)  The location of discharges from
the  designated  municipal  separate
storm sewer  relative  to  discharges
from municipal separate storm sewers
described in paragraph (b)(7)(i) of this
section;
  (C) The quantity and nature of pol-
lutants discharged to waters  of  the
United States;
  (D) The nature of the  receiving  wa-
ters; or
  (E) Other relevant factors; or
  (iv) The Director may, upon petition,
designate as a medium municipal sepa-
rate storm sewer  system,   municipal
separate storm sewers located  within
the boundaries of a region defined by a
storm  water management regional  au-
thority based  on a jurisdictional,  wa-
tershed, or other appropriate  basis that
includes one or more of the systems de-
scribed in paragraphs  (b)(7) (i), (ii),  (iii)
of this section.
  (8)  Municipal   separate  storm  sewer
means a conveyance or system of con-
veyances  (including roads  with drain-
age systems,  municipal streets, catch
basins, curbs, gutters, ditches,  man-
made channels, or storm drains):
                                     750

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Environmental Protection Agency

  (i)  Owned or operated  by a  State,
city,  town,  borough,  county,  parish,
district, association,  or other  public
body  (created by or pursuant to  State
law)  having jurisdiction over disposal
of  sewage, industrial  wastes,  storm
water, or other wastes, including spe-
cial districts under State law such as a
sewer district, flood control district or
drainage district, or similar entity, or
an Indian tribe or an authorized Indian
tribal organization, or a designated and
approved  management  agency  under
section 208 of the CWA that discharges
to waters of the United States;
  (ii)  Designed or used for collecting or
conveying storm water;
  (iii) Which is not a combined sewer;
and
  (iv) Which is not part of a Publicly
Owned Treatment Works (POTW) as de-
fined  at 40 CFR 122.2.
  (9) Outfall means a point source as de-
fined  by 40 CFR 122.2 at the point where
a municipal separate storm sewer dis-
charges to waters of the United States
and does not include open conveyances
connecting  two  municipal  separate
storm sewers,  or pipes, tunnels or  other
conveyances which  connect  segments
of the same stream or other waters of
the United States and are used to con-
vey waters of the United States.
  (10)  Overburden  means any material
of any nature, consolidated or uncon-
solidated. that  overlies a mineral de-
posit, excluding topsoil or similar nat-
urally-occurring surface materials that
are not disturbed  by mining   oper-
ations.
  (11)  Runoff coefficient means the frac-
tion of total  rainfall that will appear
at a conveyance as runoff.
  (12)  Significant materials includes, but
is not limited to: raw materials; fuels;
materials such as solvents, detergents,
and plastic pellets; finished materials
such  as metallic products: raw  mate-
rials used in food processing or produc-
tion:  hazardous substances designated
under section 101(14)  of CERCLA; any
chemical the facility is required to re-
port pursuant to section 313 of title III
of SARA:  fertilizers;  pesticides;  and
waste products such as ashes, slag and
sludge that have the potential to be re-
leased with storm water discharges.
                              §122.26

  (13) Storm  water means storm water
runoff,  snow melt runoff, and  surface
runoff and drainage.
  (14) Storm  water discharge associated
with industrial activity means  the dis-
charge  from any  conveyance which  is
used  for  collecting   and   conveying
storm water and  which is directly re-
lated to manufacturing, processing or
raw materials  storage areas at an in-
dustrial plant. The term does  not in-
clude discharges from facilities or ac-
tivities excluded from the NPDES pro-
gram under 40 CFR part 122.  For the
categories of industries  identified in
paragraphs (b)(14)  (i) through (x) of this
section,  the term includes, but is not
limited  to,  storm water  discharges
from industrial plant yards; immediate
access roads and rail lines used or  trav-
eled by carriers of raw materials,  man-
ufactured products, waste material, or
by-products used or created  by the fa-
cility;  material handling sites: refuse
sites; sites used for the application or
disposal of process waste waters (as de-
fined at 40 CFR part 401); sites used for
the storage and maintenance of mate-
rial handling equipment; sites  used for
residual treatment,  storage,  or  dis-
posal;  shipping and  receiving areas;
manufacturing buildings; storage areas
(including tank farms) for  raw mate-
rials, and intermediate  and  finished
products; and  areas  where  industrial
activity has taken place in the  past
and significant  materials remain and
are exposed to  storm  water.  For the
categories of industries  identified in
paragraph  (b)(14)(xi) of this section, the
term  includes  only storm  water  dis-
charges from all the areas (except ac-
cess roads and rail lines) that are listed
in the previous sentence where mate-
rial handling equipment or  activities.
raw materials, intermediate products.
final  products,  waste  materials,  by-
products, or  industrial machinery are
exposed  to storm  water.  For the pur-
poses of this paragraph, material  han-
dling  activities  include  the storage.
loading and unloading, transportation,
or conveyance of any raw material, in-
termediate product, finished product,
by-product or waste product. The  term
excludes areas located on plant lands
separate from the  plant's industrial ac-
tivities, such as office buildings and ac-
companying parking lots as long as the
                                     751

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§122.26
          40 CFR Ch. I  (7-1-99 Edition)
drainage from the excluded areas is not
mixed with storm water drained from
the  above described areas. Industrial
facilities  (including industrial facili-
ties  that  are Federally, State, or mu-
nicipally  owned or operated that meet
the description of the facilities listed
in this paragraph  (b) (14) (i)-(xi) of this
section) include  those facilities  des-
ignated under the provisions of para-
graph (a)(l)(v)  of  this  section.  The
following categories  of  facilities are
considered  to  be  engaging  in  "in-
dustrial activity"  for purposes of this
subsection:
  (i) Facilities subject to storm water
effluent   limitations  guidelines,  new
source performance standards, or toxic
pollutant effluent standards under  40
CFR  subchapter  N  (except facilities
with toxic pollutant effluent standards
which are exempted under category (xi)
in paragraph (b) (14) of this section);
  (ii) Facilities classified as Standard
Industrial Classifications  24  (except
2434), 26 (except 265 and 267), 28 (except
283). 29, 311, 32 (except 323). 33, 3441. 373;
  (iii) Facilities classified as Standard
Industrial Classifications 10 through 14
(mineral industry) including active  or
inactive mining operations (except for
areas  of  coal mining  operations no
longer meeting the definition of a rec-
lamation  area under 40  CFR 434.11(1)
because the performance bond issued to
the facility by the appropriate SMCRA
authority has been  released, or except
for areas of non-coal mining operations
which have been released from applica-
ble State or Federal reclamation re-
quirements  after  December 17. 1990)
and  oil and  gas  exploration,  produc-
tion,  processing,  or  treatment  oper-
ations,  or transmission facilities that
discharge storm  water contaminated
by contact with or that has come into
contact  with,  any  overburden,  raw
material,     intermediate    products,
finished products, byproducts or waste
products  located  on the  site of such
operations: (inactive mining operations
are mining sites that are not being ac-
tively mined, but which have an identi-
fiable owner/operator; inactive mining
sites do not include sites where mining
claims are being  maintained  prior  to
disturbances  associated  with the ex-
traction, beneficiation, or processing of
mined materials, nor sites where min-
imal activities are undertaken for the
sole purpose of maintaining  a mining
claim);
  (iv) Hazardous waste treatment, stor-
age, or  disposal  facilities,  including
those that are operating under interim
status or a permit under subtitle C  of
RCRA;
  (v) Landfills, land  application sites,
and open dumps that receive or have
received any industrial wastes (waste
that is received from any of the facili-
ties  described  under  this  subsection)
including those that are subject to reg-
ulation under subtitle D of RCRA;
  (vi) Facilities involved in  the recy-
cling  of materials,  including  metal
scrapyards, battery reclaimers, salvage
yards, and automobile junkyards,  in-
cluding but limited to those  classified
as Standard Industrial Classification
5015 and 5093;
  (vii) Steam electric power generating
facilities, including coal handling sites;
  (viii) Transportation facilities classi-
fied as Standard Industrial Classifica-
tions  40, 41. 42 (except 4221-25). 43, 44,
45, and 5171 which have vehicle mainte-
nance shops, equipment cleaning oper-
ations,  or airport deicing  operations.
Only those portions of the facility that
are either involved in vehicle mainte-
nance (including vehicle rehabilitation,
mechanical repairs, painting, fueling,
and  lubrication),  equipment  cleaning
operations, airport deicing operations,
or which are otherwise identified under
paragraphs (b)(14)  (i)-(vii) or (ix)-(xi)  of
this section are associated  with indus-
trial activity;
  (ix)  Treatment  works  treating do-
mestic  sewage or any other sewage
sludge or wastewater treatment device
or system,  used  in the storage  treat-
ment,  recycling,  and  reclamation  of
municipal or domestic sewage, includ-
ing land  dedicated to  the  disposal  of
sewage sludge that are located within
the confines of the facility, with a de-
sign flow of 1.0  mgd or  more, or re-
quired    to   have    an    approved
pretreatment  program. under 40 CFR
part 403. Not included are  farm lands,
domestic  gardens  or lands  used for
sludge management  where sludge  is
beneficially reused and which are not
physically located in the  confines  of
the facility, or areas that are in com-
pliance with section 405 of the CWA;
                                     752

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Environmental Protection Agency

  (x)  Construction  activity  including
clearing,  grading and excavation  ac-
tivities 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 devel-
opment or sale;
  (xi) Facilities under Standard Indus-
trial Classifications 20. 21, 22. 23, 2434,
25.  265, 267, 27. 283. 285. 30, 31 (except
311). 323, 34 (except 3441), 35, 36, 37 (ex-
cept 373), 38. 39, 4221-25, (and which are
not otherwise  included  within cat-
egories (ii)-(x));
  (15)   Uncontrolled  sanitary  landfill
means a landill or open dump, whether
in  operation or closed,  that does not
meet the  requirements for runon or
runoff controls established pursuant to
subtitle D of the Solid Waste  Disposal
Act.
  (c) Application requirements for storm
water  discharges associated with indus-
trial activity—(I) Individual application.
Dischargers of storm water associated
with industrial activity are required to
apply  for an individual permit, apply
for a permit through  a group applica-
tion, or seek coverage under a promul-
gated storm water general permit. Fa-
cilities that are required to obtain an
individual permit, or any discharge of
storm water which the Director is eval-
uating  for designation  (see  40  CFR
124.52(c))  under paragraph (a)(l)(v) of
this section and is not a municipal sep-
arate storm sewer, and which is not
part of a group application described
under  paragraph (c)(2) of  this section,
shall submit an NPDES application in
accordance  with the  requirements of
§122.21 as  modified  and supplemented
by  the provisions of the remainder of
this paragraph.   Applicants   for dis-
charges  composed entirely of storm
water shall submit  Form  1 and Form
2F. Applicants for discharges composed
of  storm water and non-storm water
shall  submit  Form 1, Form  2C, and
Form 2F. Applicants for new sources or
new discharges  (as defined in  §122.2 of
this part) composed of storm water and
non-storm water shall submit Form 1,
Form 2D, and Form 2F.
  (i) Except as provided  in §122.26(c)(l)
(ii)-(iv), the operator of a  storm water
discharge  associated  with  industrial
activity subject  to  this section  shall
provide:
                              §122.26

  (A) A site map showing topography
(or indicating  the  outline  of drainage
areas served by the  outfall (s) covered
in the application if a topographic map
is unavailable) of  the facility  includ-
ing: each  of its drainage and discharge
structures: the drainage  area of each
storm water outfall;  paved areas and
buildings  within  the drainage area  of
each storm water outfall, each past  or
present area used  for outdoor storage
or  disposal  of significant  materials,
each existing structural control meas-
ure to reduce pollutants in storm water
runoff,  materials  loading  and access
areas, areas where  pesticides,  herbi-
cides, soil conditioners and fertilizers
are applied, each of its hazardous waste
treatment, storage or disposal  facili-
ties (including each  area not required
to have a RCRA  permit which is used
for  accumulating    hazardous   waste
under 40 CFR 262.34); each well  where
fluids from the facility are injected un-
derground; springs, and other surface
water bodies which  receive storm water
discharges from the facility;
  (B) An estimate of the area of imper-
vious surfaces  (including  paved areas
and building roofs) and the total area
drained by each outfall (within a mile
radius of  the facility) and  a narrative
description  of  the following:  Signifi-
cant materials that in the  three years
prior to the submittal of this applica-
tion have been treated, stored  or dis-
posed in a manner to allow exposure  to
storm  water;  method of  treatment.
storage or disposal of such materials;
materials management practices em-
ployed, in the three years prior to the
submittal of this application, to mini-
mize contact by  these materials with
storm water runoff; materials loading
and access areas; the location, manner
and frequency in which pesticides, her-
bicides, soil conditioners and fertilizers
are applied; the location and a descrip-
tion of existing  structural and  non-
structural control  measures to reduce
pollutants in storm water runoff: and a
description of the treatment the storm
water receives, including the ultimate
disposal of any solid or fluid  wastes
other than by discharge;
  (C)  A certification that  all outfalls
that should contain  storm water dis-
charges associated  with industrial ac-
tivity have been tested or evaluated for
                                     753

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 §122.26

 the  presence  of non-storm water dis-
 charges  which  are  not covered  by a
 NPDES  permit; tests for such  non-
 storm water  discharges  may include
 smoke  tests,  fluorometric dye  tests,
 analysis  of  accurate  schematics,  as
 well  as  other appropriate tests. The
 certification shall include a description
 of the method  used,  the  date of any
 testing, and the on-site drainage points
 that  were directly  observed  during a
 test;
  (D) Existing  information regarding
 significant leaks or spills  of  toxic or
 hazardous pollutants  at  the  facility
 that have taken place within the three
 years prior to the submittal of this ap-
 plication;
  (E) Quantitative data based  on  sam-
 ples collected during storm events and
 collected in accordance with §122.21 of
 this part from all outfalls containing a
storm water discharge associated with
 industrial activity for  the following pa-
 rameters:
  (/} Any pollutant limited in an efflu-
ent guideline  to which the facility is
subject;
  (2) Any pollutant listed in the facili-
ty's NPDES  permit  for  its  process
wastewater (if the facility is operating
under an existing NPDES permit):
  (3) Oil and  grease,  pH,  BODS. COD,
TSS,  total phosphorus, total Kjeldahl
nitrogen, and nitrate plus nitrite nitro-
gen;
  (4) Any information  on the discharge
required under  paragraph § 122.21 (g) (7)
 (iii) and (iv) of this part;
  (5) Flow measurements or estimates
of the flow rate, and the total amount
of discharge  for  the  storm  event(s)
sampled, and the method of flow meas-
urement or estimation; and
  (6) The date and duration (in hours)
of the storm event(s) sampled, rainfall
measurements  or  estimates  of  the
storm event  (in  inches)  which  gen-
erated the sampled runoff and the du-
ration between  the  storm event sam-
pled and the end of the previous meas-
urable (greater  than 0.1 inch rainfall)
storm event (in hours);
  (F) Operators of a  discharge which is
composed entirely of storm water are
exempt  from   the  requirements  of
§122.21   (g)(2).  (g)(3).  (g)(4),  (g)(5),
 (g)(7)(i). (g)(7)(ii). and (g)(7)(v); and
          40 CFR Ch. I  (7-1-99 Edition)

  (G) Operators of new sources or new
discharges (as  defined in §122.2 of this
part) which are composed in part or en-
tirely of storm water must include es-
timates for the  pollutants or param-
eters listed in  paragraph (c)(l)(i)(E) of
this section instead of actual sampling
data, along with the source of each es-
timate. Operators  of new sources or
new discharges composed in part or en-
tirely of storm water must provide
quantitative data  for  the  parameters
listed in  paragraph (c)(l)(i)(E) of this
section within  two years  after  com-
mencement of discharge, unless such
data has  already been reported under
the  monitoring  requirements  of the
NPDES permit for  the discharge. Oper-
ators of a new  source or new discharge
which is  composed entirely  of storm
water are exempt  from the  require-
ments of  §122.21  (k)(3)(ii),  (k)(3)(iii),
and  (k)(5).
  (ii) The  operator of an  existing or
new storm water discharge that is as-
sociated with industrial activity solely
under paragraph (b)(14)(x) of this sec-
tion, is exempt from the requirements
of §122.21(g) and paragraph (c)(l)(i) of
this section. Such operator shall  pro-
vide a narrative description of:
  (A) The  location (including a  map)
and  the nature of the construction ac-
tivity;
  (B) The  total area of the site and the
area of the site that is  expected to un-
dergo excavation during the life of the
permit;
  (C)  Proposed  measures,  including
best management practices, to control
pollutants in  storm water discharges
during construction, including a brief
description  of  applicable  State  and
local erosion and sediment control re-
quirements;
  (D) Proposed measures to control pol-
lutants in storm water  discharges that
will   occur  after  construction  oper-
ations have been completed, including
a brief description of applicable State
or local erosion  and sediment control
requirements;
  (E) An estimate of the  runoff coeffi-
cient of the site and the increase in im-
pervious  area  after the  construction
addressed  in the permit application is
completed, the nature  of fill  material
and existing data describing the soil or
the quality of the discharge; and
                                     754

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Environmental Protection Agency

  (F) The name of the receiving water.
  (iii) The  operator of  an existing  or
new  discharge composed  entirely  of
storm water from an oil or gas explo-
ration,  production,  processing,   or
treatment  operation, or  transmission
facility is not required to submit a per-
mit  application  in accordance with
paragraph (c)(l)(i) of this section, un-
less the facility:
  (A)  Has  had a discharge  of storm
water resulting in  the  discharge of a
reportable quantity for which notifica-
tion is or was required  pursuant to  40
CFR  117.21  or 40 CFR 302.6 at anytime
since November 16, 1987; or
  (B)   Has  had a discharge  of storm
water resulting in  the  discharge of a
reportable quantity for which notifica-
tion is or was required  pursuant to  40
CFR  110.6 at any  time since November
16,  1987: or
  (C)  Contributes to a  violation of a
water quality standard.
  (iv)  The operator  of an existing  or
new  discharge composed  entirely  of
storm water from  a mining operation is
not required to submit a permit appli-
cation unless the discharge  has come
into contact with, any overburden, raw
material, intermediate  products,  fin-
ished  product,  byproduct  or  waste
products located on  the site of such op-
erations.
  (v)  Applicants  shall  provide  such
other  information  the  Director may
reasonably  require under  § 122.21 (g) (13)
of this part to determine whether  to
issue a permit and may require any fa-
cility subject to paragraph (c)(l)(ii)  of
this section to comply with paragraph
(c)(l)(i) of this section.
  (2) Group application for discharges as-
sociated with industrial activity.  In lieu
of individual applications or notice  of
intent to be covered by a general per-
mit for storm water discharges associ-
ated with industrial activity, a group
application  may be  filed by an  entity
representing a group of applicants (ex-
cept facilities that have existing indi-
vidual  NPDES   permits   for   storm
water) that are part of  the same sub-
category (see 40 CFR subchapter N, part
405  to 471) or, where such  grouping  is
inapplicable, are sufficiently similar as
to  be appropriate for general  permit
coverage under § 122.28 of this part. The
part 1 application  shall be submitted to
                              §122.26

the  Office of Water Enforcement and
Permits, U.S. EPA. 401 M Street, SW.,
Washington, DC 20460 (EN-336) for ap-
proval. Once a part 1 application is ap-
proved, group applicants are to submit
Part 2 of the group application to the
Office  of Water Enforcement and Per-
mits. A group application shall consist
of:
  (i) Part 1. Part 1 of a group applica-
tion shall:
  (A) Identify  the  participants in the
group  application  by name and  loca-
tion. Facilities  participating  in the
group  application  shall  be  listed  in
nine subdivisions, based on the facility
location relative to the nine precipita-
tion zones indicated in appendix E to
this part.
  (B) Include a  narrative  description
summarizing the industrial activities
of participants of the group application
and explaining why the participants, as
a whole, are sufficiently similar to be a
covered by a general permit;
  (C) Include a list of significant mate-
rials stored exposed to precipitation by
participants  in  the group  application
and  materials management  practices
employed  to diminish contact by these
materials with precipitation and storm
water runoff;
  (D) For  groups of more than 1,000
members,   identify  at least  100 dis-
chargers participating in the group ap-
plication from which quantitative data
will  be submitted. For groups of 100 or
more members, identify a minimum of
ten percent of the  dischargers partici-
pating in the group application  from
which  quantitative data  will be sub-
mitted. For groups of between 21 and 99
members identify a  minimum of ten
dischargers participating in the group
application from which  quantitative
data will be submitted. For groups of 4
to 20 members, identify a minimum of
50 percent of the dischargers partici-
pating in  the group application  from
which  quantitative  data  will be sub-
mitted. For groups with more than 10
members, either a minimum of two dis-
chargers from each precipitation zone
indicated in appendix E of this part in
which  ten or  more members  of the
group  are  located,  or  one discharger
from each precipitation zone indicated
in appendix E of this part in which nine
                                     755

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§122.26
          40 CFR Ch. I (7-1-99 Edition)
or fewer members of the group are lo-
cated, must  be identified  to  submit
quantitative data. For groups of 4 to 10
members, at least one facility in each
precipitation zone indicated in appen-
dix E of this part in which members of
the group are located must be identifed
to submit quantitative data. A descrip-
tion of why the facilities selected  to
perform sampling and analysis are rep-
resentative of the group as  a whole  in
terms of  the information provided  in
paragraphs (c)(l)(i)(B) and  (c)(l)(i)(C)  of
this section, shall accompany this sec-
tion. Different  factors impacting the
nature of the storm  water discharges,
such as the processes used and material
management, shall be  represented,  to
the extent feasible, in a manner rough-
ly equivalent to their proportion in the
group.
  (ii) Part Z.  Part 2 of a group applica-
tion  shall contain  quantitative  data
(NPDES Form 2F), as modified by para-
graph (c)(l)  of this section,  so  that
when part  1 and part 2 of the group ap-
plication  are taken  together, a com-
plete  NPDES  application  (Form  1.
Form 2C,  and Form 2F) can be evalu-
ated for  each discharger identified  in
paragraph (c)(2)(i)(D) of this section.
  (d)  Application requirements for  large
and medium municipal separate storm
sewer discharges. The operator of a dis-
charge from  a large  or medium munic-
ipal separate storm  sewer or a  munic-
ipal separate storm  sewer that is des-
ignated by the  Director  under para-
graph (a)(l)(v) of this section, may sub-
mit a jurisdiction-wide or  system-wide
permit application.  Where more  than
one  public entity owns or operates a
municipal separate storm sewer within
a geographic area (including adjacent
or interconnected municipal separate
storm sewer systems),  such operators
may be a coapplicant to the same ap-
plication.  Permit applications for dis-
charges from large and medium munic-
ipal storm sewers or municipal storm
sewers  designated  under  paragraph
(a)(l)(v) of this section shall include;
  (1) Pan 1.  Part 1  of the application
shall consist of;
  (i)  General information.  The appli-
cants' name,  address, telephone num-
ber of contact person, ownership status
and status as a State or local govern-
ment entity.
  (ii) Legal authority. A description of
existing legal authority to control dis-
charges  to  the  municipal  separate
storm sewer  system.  When existing
legal authority  is  not  sufficient to
meet the criteria provided in paragraph
(d)(2)(i) of this section, the description
shall list additional authorities as will
be necessary to meet the criteria and
shall include  a schedule and commit-
ment to seek such additional authority
that  will  be needed to meet the cri-
teria.
  (iii)  Source  identification.   (A) A de-
scription  of the historic use of  ordi-
nances, guidance  or  other controls
which limited the  discharge of  non-
storm water discharges to any Publicly
Owned Treatment  Works serving the
same area as the  municipal separate
storm sewer system.
  (B) A USGS 7.5 minute topographic
map  (or equivalent  topographic  map
with  a  scale  between  1:10,000   and
1:24,000 if  cost effective) extending one
mile beyond the service boundaries of
the municipal storm sewer system cov-
ered by the permit application. The fol-
lowing information shall be provided:
  (/) The location of known  municipal
storm  sewer  system  outfalls   dis-
charging  to  waters  of the   United
States;
  (2) A description of the land use ac-
tivities (e.g. divisions indicating unde-
veloped, residential, commercial,  agri-
cultural and  industrial uses)  accom-
panied with estimates  of  population
densities  and  projected growth for  a
ten  year  period within  the  drainage
area  served by  the  separate  storm
sewer. For each land use type, an  esti-
mate of an average runoff  coefficient
shall be provided;
  (J) The location and a description of
the activities of the facility of  each
currently  operating or closed munic-
ipal  landfill or other treatment,  stor-
age or disposal facility for  municipal
waste;
  (4) The location and the permit num-
ber of any known discharge to the mu-
nicipal  storm sewer  that  has  been
issued a NPDES permit;
  (5) The location of major structural
controls for storm water discharge (re-
tention basins, detention basins, major
infiltration devices, etc.):  and
                                     756

-------
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§122.26
          40 CFR Ch. I (7-1-99 Edition)
map and identifying those cells of the
grid which contain a segment of the
storm sewer system or  major outfall.
The field screening points shall be es-
tablished using  the following guide-
lines and criteria:
  (7) A grid  system consisting of per-
pendicular north-south  and east-west
lines spaced  Vi  mile apart  shall  be
overlayed on a map of  the municipal
storm sewer system, creating  a series
of ceils;
  (2} All cells that contain a segment of
the storm sewer system shall be identi-
fied; one field screening point  shall be
selected in each  cell;  major  outfalls
may be used as field screening points;
  (3) Field screening points should be
located downstream of any sources of
suspected illegal or illicit activity;
  (4) Field screening points shall be lo-
cated to the degree practicable at the
farthest manhole or other accessible
location downstream in the  system,
within  each cell;  however,  safety of
personnel and accessibility of the loca-
tion should  be considered in  making
this determination;
  (5)  Hydrological  conditions;  total
drainage area  of  the site;  population
density of the site; traffic density; age
of the structures or buildings in  the
area; history of the area; and land use
types:
  (fi) For  medium  municipal  separate
storm sewer systems, no more than 250
cells  need  to  have  identified  field
screening points;  in large municipal
separate storm sewer systems, no more
than  500 cells  need to have  identified
field screening points: cells established
by  the grid  that contain no storm
sewer segments will be eliminated from
consideration; if fewer than 250 cells in
medium municipal sewers are  created,
and fewer than 500 in large systems are
created by the overlay on the munic-
ipal sewer map, then all those  cells
which contain  a segment of the sewer
system shall be subject to field screen-
ing  (unless  access  to  the  separate
storm sewer system is impossible); and
  (7) Large or medium municipal sepa-
rate storm sewer  systems  which  are
unable  to  utilize  the  procedures de-
scribed in  paragraphs (d) (1) (iv) (D)  (/)
through (6) of this  section, because  a
sufficiently detailed  map of the sepa-
rate storm  sewer systems is unavail-
able,  shall field  screen  no more than
500 or 250 major outfalls respectively
(or all major outfalls in the system, if
less);  in such circumstances, the appli-
cant shall establish a grid system con-
sisting  of north-south  and east-west
lines spaced 'A mile apart as an overlay
to  the  boundaries  of the  municipal
storm sewer system, thereby creating a
series of cells:  the applicant will then
select major outfalls in as many cells
as possible until at least 500 major out-
falls (large municipalities) or 250 major
outfalls  (medium  municipalities)  are
selected;  a  field  screening  analysis
shall  be  undertaken  at these  major
outfalls.
  (E)  Characterization plan. Information
and a proposed program to meet the re-
quirements  of  paragraph (d)(2)(iii)  of
this section. Such description  shall in-
clude: the location of outfalls or field
screening points appropriate  for rep-
resentative data collection under para-
graph (d)(2)(iii)(A) of this section, a de-
scription  of why  the  outfall  or field
screening point is  representative,  the
seasons during which  sampling is  in-
tended,  a description  of the sampling
equipment.  The  proposed location  of
outfalls or  field screening points for
such  sampling  should  reflect  water
quality   concerns   (see   paragraph
(d)(l)(iv)(C) of this section) to the ex-
tent practicable.
  (v)  Management programs.  (A)  A de-
scription  of the existing management
programs to control  pollutants from
the municipal  separate  storm  sewer
system. The description  shall provide
information on existing structural and
source controls,  including  operation
and maintenance  measures  for  struc-
tural  controls, that are currently being
implemented.  Such controls may  in-
clude, but are  not  limited to: Proce-
dures to  control  pollution resulting
from construction activities; floodplain
management controls: wetland protec-
tion measures;  best management prac-
tices  for  new subdivisions; and emer-
gency spill response programs. The de-
scription  may address controls  estab-
lished under State law as well as local
requirements.
  (B) A description of the existing pro-
gram  to identify illicit connections  to
the municipal storm sewer system.'The
description  should include inspection
                                     758

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Environmental Protection Agency
                              §122.26
procedures  and methods for  detecting
and preventing illicit discharges, and
describe areas where this program has
been implemented.
  (vi) Fiscal resources. (A) A description
of  the financial  resources  currently
available to the municipality to com-
plete part 2 of the permit application.
A  description  of the  municipality's
budget for  existing storm water pro-
grams, including  an overview of the
municipality's financial resources and
budget, including  overall indebtedness
and assets,  and sources of  funds for
storm water programs.
  (2) Part 2. Part  2 of the application
shall consist of:
  (i) Adequate legal authority. A  dem-
onstration that the applicant can oper-
ate pursuant to legal authority estab-
lished by statute, ordinance or series of
contracts which authorizes or enables
the applicant at a  minimum to:
  (A) Control  through ordinance, per-
mit, contract, order or similar means,
the  contribution of pollutants to the
municipal storm sewer by storm water
discharges  associated  with  industrial
activity and the quality of storm water
discharged from sites of industrial ac-
tivity;
  (B) Prohibit through ordinance, order
or similar means, illicit  discharges to
the municipal separate storm  sewer;
  (C) Control through ordinance, order
or similar  means the discharge  to  a
municipal   separate  storm   sewer  of
spills,  dumping or  disposal of materials
other than storm water;
  (D)  Control  through  interagency
agreements  among coapplicants  the
contribution  of pollutants  from  one
portion of the municipal system to an-
other portion of the municipal system;
  (E) Require  compliance with condi-
tions in ordinances, permits,  contracts
or orders: and
  (F) Carry out all inspection, surveil-
lance and monitoring procedures nec-
essary to  determine compliance and
noncompUance with permit conditions
including the prohibition on illicit dis-
charges  to  the  municipal  separate
storm sewer.
  (ii) Source identification. The location
of any major outfall that discharges to
waters of the  United States  that was
not    reported   under   paragraph
(d)(l)(iii)(B)(fl  of this section. Provide
an inventory,  organized  by watershed
of the name and address, and a descrip-
tion (such as SIC codes) which best re-
flects the principal products or services
provided  by  each  facility  which may
discharge, to  the  municipal separate
storm sewer, storm water  associated
with industrial activity;
  (iii)   Characterization  data.   When
"quantitative data" for a pollutant are
required       under       paragraph
(d) (a) (iii) (A) (4) of this paragraph, the
applicant must collect a sample of ef-
fluent  in accordance  with 40  CFR
122.21(g)(7) and analyze it for the pol-
lutant  in  accordance with  analytical
methods approved  under 40 CFR part
136. When no  analytical method is ap-
proved the applicant may use any suit-
able method  but  must provide a de-
scription  of the method. The applicant
must provide  information  character-
izing  the  quality and quantity of dis-
charges covered in the permit  applica-
tion, including:
  (A) Quantitative data from represent-
ative outfalls designated by the Direc-
tor (based on information  received in
part 1 of  the application, the Director
shall  designate between  five and ten
outfalls or field screening points as
representative of the commercial, resi-
dential  and industrial land use activi-
ties of the drainage area contributing
to the system or, where 'there are less
than five  outfalls covered in the appli-
cation, the Director shall designate all
outfalls) developed as follows:
  (/) For each outfall or field screening
point designated under this subpara-
graph, samples shall be collected of
storm  water   discharges  from  three
storm events occurring  at least one
month apart in accordance with the re-
quirements at § 122.21 (g)(7)  (the Direc-
tor may allow exemptions to sampling
three storm events when climatic con-
ditions  create good .cause for such ex-
emptions);
  (2) A  narrative description shall be
provided of the date  and duration of
the storm event(s) sampled, rainfall es-
timates of the storm event which gen-
erated the sampled discharge and the
duration between the storm event sam-
pled and the end of the previous meas-
urable (greater than 0.1 inch rainfall)
storm event;
                                     759

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§122.26

  (3)  For  samples  collected  and  de-
scribed  under  paragraphs  (d)(2)(iii)
(A)(/) and (A)(2) of this section, quan-
titative data shall be provided  for:  the
organic pollutants  listed  in Table II;
the pollutants listed in Table III (toxic
metals, cyanide, and total phenols) of
appendix D of 40 CFR part 122,  and for
the following pollutants:
Total suspended solids (TSS)
Total dissolved solids (TDS)
COD
BOD5
Oil and grease
Fecal coliform
Fecal streptococcus
PH
Total Kjeldahl nitrogen
Nitrate plus nitrite
Dissolved phosphorus
Total ammonia plus organic nitrogen
Total phosphorus
  (4)  Additional limited  quantitative
data required by the Director for deter-
mining permit conditions (the Director
may  require that  quantitative  data
shall be provided for additional param-
eters, and may establish sampling con-
ditions  such as the location, season of
sample  collection,  form of precipita-
tion (snow melt, rainfall) and other pa-
rameters necessary to insure represent-
ativeness);
  (B) Estimates of the annual pollutant
load of the  cumulative discharges to
waters  of the  United States from all
identified municipal outfalls and  the
event mean concentration  of the cumu-
lative   discharges  to  waters  of   the
United  States  from all  identified  mu-
nicipal  outfalls during a  storm event
(as   described  under  §122.21(c)(7))  for
BOD5. COD. TSS, dissolved solids, total
nitrogen,  total  ammonia  plus  organic
nitrogen,  total phosphorus,  dissolved
phosphorus,  cadmium,  copper,  lead,
and  zinc. Estimates  shall be  accom-
panied  by  a description of the proce-
dures for estimating constituent loads
and   concentrations,  including   any
modelling, data analysis,  and calcula-
tion methods:
  (C) A proposed schedule to provide es-
timates for each major outfall identi-
fied  in either  paragraph (d)(2)(ii) or
(d)(l)(iii)(B)(fl  of this section  of  the
seasonal pollutant  load  and  of   the
event  mean concentration  of  a  rep-
resentative  storm for any constituent
detected in any sample required under
          40 CFR Ch. I (7-1-99 Edition)

paragraph (d)(2)(iii)(A) of this section:
and
  (D) A proposed  monitoring program
for representative  data  collection for
the term  of the permit  that describes
the location of outfalls or field screen-
ing points to be sampled (or the loca-
tion of instream stations), why the lo-
cation is representative, the frequency
of sampling, parameters  to be sampled,
and a description  of sampling equip-
ment.
  (iv) Proposed management program. A
proposed management program covers
the duration of the permit. It shall in-
clude a comprehensive planning proc-
ess which involves public participation
and  where  necessary  intergovern-
mental coordination, to reduce the dis-
charge of pollutants to  the maximum
extent practicable using management
practices, control techniques and sys-
tem, design and engineering methods,
and such other provisions which are ap-
propriate. The  program  shall  also in-
clude a description of staff and equip-
ment available to implement the pro-
gram. Separate proposed programs may
be submitted by each coapplicant. Pro-
posed programs may impose controls
on  a systemwide basis,  a  watershed
basis, a Jurisdiction basis, or on indi-
vidual outfalls. Proposed programs will
be considered by the Director when de-
veloping permit conditions  to reduce
pollutants in discharges to the max-
imum  extent  practicable.   Proposed
management programs shall describe
priorities  for implementing  controls.
Such programs shall be based on:
  (A) A description of structural  and
source control measures to  reduce pol-
lutants from runoff from commercial
and  residential areas  that  are  dis-
charged  from  the  municipal  storm
sewer system that  are  to  be  imple-
mented during  the life of the permit,
accompanied with an estimate of the
expected reduction of pollutant  loads
and  a proposed  schedule  for  imple-
menting such controls. At a minimum,
the description shall include:
  (/) A description of maintenance ac-
tivities and a maintenance schedule for
structural  controls  to  reduce pollut-
ants  (including   floatables)   in  dis-
charges from municipal separate storm
sewers;
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Environmental Protection Agency

  (2)  A description of planning proce-
dures including a  comprehensive mas-
ter plan to develop, implement and en-
force controls to reduce the discharge
of pollutants from municipal separate
storm sewers which receive discharges
from areas of new development and sig-
nificant  redevelopment.  Such  plan
shall address controls to reduce pollut-
ants  in discharges from municipal sep-
arate storm sewers after construction
is completed. (Controls to reduce pol-
lutants in discharges  from municipal
separate storm sewers containing con-
struction site runoff  are addressed  in
paragraph (d)(2)(iv)(D) of this section;
  (3)  A description of practices for  op-
erating and maintaining public streets,
roads and highways and procedures for
reducing the impact on receiving wa-
ters  of  discharges  from  municipal
storm sewer systems,  including pollut-
ants  discharged as a  result of deicing
activities;
  (4)  A description of procedures to as-
sure  that  flood  management projects
assess the impacts on the water quality
of receiving  water bodies and that  ex-
isting structural flood control devices
have  been evaluated  to determine if
retrofitting the device to provide addi-
tional pollutant removal from storm
water is feasible;
  (5)  A description of a program  to
monitor pollutants in runoff from oper-
ating or closed municipal  landfills  or
other treatment,  storage or disposal fa-
cilities for  municipal  waste,  which
shall  identify priorities and procedures
for inspections and establishing and
implementing  control  measures  for
such  discharges  (this  program can  be
coordinated  with the  program  devel-
oped  under  paragraph  (d) (2) (iv) (C)  of
this section): and
  (6) A description of a program to re-
duce  to the maximum extent  prac-
ticable, pollutants in discharges from
municipal separate storm sewers asso-
ciated  with   the  application of pes-
ticides, herbicides  and fertilizer which
will include,  as  appropriate,  controls
such as educational activities, permits.
certifications and  other measures  for
commercial  applicators  and distribu-
tors,  and controls  for  application  in
public right-of-ways and at municipal
facilities.
                              §122.26

  (B) A description of a program,  in-
cluding a  schedule, to detect and  re-
move (or require the discharger to the
municipal  separate storm sewer to ob-
tain a separate NPDES permit for) il-
licit discharges and improper disposal
into the  storm  sewer. The  proposed
program shall include:
  (/) A description  of a program,  in-
cluding inspections, to implement and
enforce an ordinance, orders or similar
means to prevent illicit discharges to
the  municipal separate  storm  sewer
system: this program description  shall
address all types of illicit  discharges,
however the following category of non-
storm  water discharges or  flows  shall
be addressed where such discharges are
identified   by  the  municipality  as
sources of pollutants to waters of the
United  States:  water  line  flushing,
landscape  irrigation,  diverted stream
flows,     rising     ground     waters,
uncontaminated ground water infiltra-
tion (as defined at 40 CFR 35.2005(20)) to
separate         storm        sewers,
uncontaminated pumped ground water,
discharges from potable water sources,
foundation  drains,  air  conditioning
condensation, irrigation water, springs,
water from crawl space pumps, footing
drains, lawn watering,  individual resi-
dential  car   washing,  flows   from
riparian    habitats    and   wetlands,
dechlorinated  swimming  pool  dis-
charges,  and  street wash water  (pro-
gram descriptions shall address dis-
charges or  flows from fire fighting only
where  such discharges or  flows are
identified as significant sources of pol-
lutants to waters of the United States);
  (2) A description of procedures  to
conduct on-going field screening activi-
ties  during the life of  the  permit, in-
cluding areas or locations that will be
evaluated by such field screens:
  (3) A description of procedures to be
followed to investigate portions of the
separate storm  sewer  system   that,
based on the results of the field screen.
or other appropriate information,  indi-
cate a reasonable  potential  of  con-
taining  illicit  discharges   or  other
sources  of  non-storm water  (such
procedures may include: sampling pro-
cedures for constituents such  as  fecal
coliform.      fecal     streptococcus,
surfactants (MBAS), residual  chlorine,
fluorides and potassium: testing  with
                                     761

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§122.26
          40 CFR Ch. I (7-1-99 Edition)
fluorometric  dyes:  or conducting in
storm sewer  inspections  where  safety
and  other considerations allow.  Such
description shall  include the  location
of storm sewers that have been identi-
fied for such evaluation);
  (4) A description of procedures to pre-
vent, contain, and respond  to spills
that may discharge into the municipal
separate storm sewer;
  (5) A description of a program to pro-
mote,  publicize,  and  facilitate  public
reporting of the presence of illicit dis-
charges or water quality  impacts asso-
ciated with discharges from municipal
separate storm sewers;
  (6) A description  of educational ac-
tivities, public information activities.
and other appropriate activities to fa-
cilitate  the proper management  and
disposal of used oil and toxic materials:
and
  (7) A description of controls to limit
infiltration of seepage from municipal
sanitary sewers to municipal separate
storm sewer systems where necessary;
  CO  A  description of a program to
monitor  and  control pollutants  in
storm  water  discharges  to  municipal
systems from municipal landfills, haz-
ardous  waste  treatment,  disposal and
recovery facilities, industrial facilities
that are subject to section 313 of title
III of the Superfund Amendments and
Reauthorization  Act of  1986  (SARA),
and industrial facilities that the  mu-
nicipal  permit  applicant  determines
are contributing a substantial pollut-
ant loading to the municipal  storm
sewer system. The program shall:
  (1) Identify  priorities and procedures
for inspections and establishing  and
implementing  control measures  for
such discharges;
  (2) Describe a  monitoring program
for storm water  discharges associated
with the industrial facilities identified
in paragraph  (d) (2) (iv) (C) of  this  sec-
tion,  to be implemented during  the
term of the permit, including the sub-
mission of quantitative data on the fol-
lowing  constituents:  any  pollutants
limited    in    effluent"  guidelines
subcategories. where  applicable:  any
pollutant listed in an  existing NPDES
permit  for  a  facility; oil and grease,
COD. pH. BODs. TSS. total phosphorus.
total Kjeldahl nitrogen, nitrate plus ni-
trite nitrogen, and any information on
discharges  required  under   40  CFR
122.21{g)(7) (iii) and (iv).
  (D) A description of a program to im-
plement and  maintain structural and
non-structural best management prac-
tices to  reduce pollutants  in  storm
water runoff from construction sites to
the  municipal  storm  sewer system,
which shall include:
  (/)  A description of procedures  for
site planning which incorporate consid-
eration of potential water quality im-
pacts;
  (2) A  description of requirements for
nonstructural and structural best man-
agement practices;
  (3)  A description of procedures  for
identifying priorities  for  inspecting
sites  and  enforcing  control  measures
which consider  the nature of the con-
struction activity,  topography, and the
characteristics  of  soils and  receiving
water quality: and
  (4) A  description of appropriate edu-
cational and training measures for con-
struction site operators.
  (v)  Assessment of controls.  Estimated
reductions  in  loadings of  pollutants
from  discharges of  municipal  storm
sewer  constituents  from  municipal
storm sewer systems expected as the
result of the municipal storm water
quality management program. The  as-
sessment  shall also identify known im-
pacts  of  storm  water   controls  on
ground water.
  (vi) Fiscal analysis. For each  fiscal
year to  be covered by the permit, a fis-
cal analysis of the  necessary capital
and  operation  and  maintenance ex-
penditures necessary to accomplish the
activities of the programs under para-
graphs  (d)(2) (iii)  and (iv) of this sec-
tion.  Such analysis shall include a de-
scription  of the source of funds that
are proposed to  meet the necessary ex-
penditures, including legal restrictions
on the use of such funds.
  (vii) Where more than one  legal enti-
ty submits an application, the applica-
tion  shall  contain a description of the
roles  and responsibilities of  each legal
entity and procedures to ensure  effec-
tive coordination.
  (viii)   Where   requirements  under
paragraph    (d)(l)(iv)(E),    (d)(2)(ii),
(d)(2)(iii)(B) and (d)(2)(iv) of this sec-
tion  are not practicable or are not ap-
plicable, the Director may exclude any
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Environmental Protection Agency
                               §122.26
operator of a discharge from a munic-
ipal separate storm sewer which is des-
ignated   under   paragraph   (a)(l)(v),
(b)(4)(ii) or  (b)(7)(ii)  of this  section
from such requirements. The Director
shall not exclude the operator of a dis-
charge  from  a  municipal   separate
storm sewer identified  in appendix  F.
G, H or I of part 122, from any of the
permit application requirements under
this paragraph except where authorized
under this section.
  (e)  Application deadlines under para-
graph (a)(l). Any operator of a point
source  required to  obtain  a permit
under paragraph  (a)(l) of this section
that does not have an effective NPDES
permit  covering its storm water  out-
falls shall submit an application in ac-
cordance with the following deadlines:
  (1)  Individual applications,  (i) Except
as provided  in paragraph  (e)(l)(ii)  of
this section, for any storm water dis-
charge  associated  with industrial ac-
tivity identified in paragraphs  (b)(14)
(i) through  (xi) of this section, that is
not part of a group application as de-
scribed  in paragraph (c)(2) of this  sec-
tion or which  is  not  authorized by a
storm water general permit,  a permit
application   made  pursuant  to para-
graph (C) of this section shall be sub-
mitted  to the  Director by October  1,
1992;
  (ii)  For any storm  water  discharge
associated  with  industrial   activity
from  a facility that is owned or oper-
ated  by a municipality with a popu-
lation of less than 100,000 other than an
airport,  powerplant,  or uncontrolled
sanitary  landfill,  permit application
requirements are contained  in para-
graph (g) of this section.
  (2)  For  any  group  application sub-
mitted  in accordance with paragraph
(c)(2)  of this section:
  (i) Part I.  (A) Except  as provided  in
paragraph  (e)(2)(i)(B)  of this section,
part 1 of the application shall be sub-
mitted to the Director, Office  of Waste-
water Enforcement and Compliance by
September 30, 1991;
  (B)  Any municipality with a popu-
lation of less than 250,000 shall not be
required to submit a part 1 application
before May 18, 1992.
  (C)  For any  storm  water discharge
associated   with  industrial   activity
from  a facility that is owned or oper-
 ated by a  municipality with  a popu-
 lation of less than 100,000 other than an
 airport, powerplant,  or  uncontrolled
 sanitary landfill,  permit applications
 requirements are reserved.
   (ii) Based on information  in the part
 1 application, the Director will approve
 or deny the members in the group ap-
 plication within 60 days after receiving
 part 1 of the group application.
   (iii) Part 2. (A) Except as provided in
 paragraph (e) (2) (iii) (B) of this section.
 part 2  of the  application  shall  be
 submittted to the Director,  Office of
 Wastewater  Enforcement and  Compli-
 ance by October 1. 1992;
   (B) Any municipality with  a popu-
 lation of less than 250,000 shall not be
 required to submit a part 1 application
 before May 17, 1993.
   (C) For  any storm water discharge
 associated  with   industrial  activity
 from a facility that  is owned or oper-
 ated by a municipality with  a popu-
 lation of less than 100.000 other than an
 airport, powerplant,  or uncontrolled
 sanitary landfill,  permit applications
 requirements are reserved.
   (iv)  Rejected facilities. (A)  Except as
 provided  in  paragraph  (e) (2) (iv) (B) of
 this section, facilities that are rejected
 as members of the group shall submit
 an  individual application   (or  obtain
 coverage under an applicable general
 permit) no later than 12 months after
 the date of receipt of the notice of re-
jection or October 1,  1992,  whichever
 comes first.
   (B) Facilities that are owned or oper-
 ated by a municipality and that are re-
jected as members of part  I  group ap-
 plication shall submit an individual ap-
 plication no later than 180  days after
 the date of receipt of the notice of re-
jection or October 1, 1992. whichever is
 later.
   (v) A facility listed under paragraph
 (b)(14) (i)-(xi) of this  section  may  add
 on to a group application submitted in
 accordance with paragraph  (e)(2)(i) of
 this section at the discretion of the Of-
 fice of Water Enforcement  and  Per-
 mits, and only upon a showing of good
 cause by the facility and the group ap-
 plicant: the request for the addition of
 the facility shall be made no later than
 February 18.  1992:  the addition of the
 facility shall not cause the percentage
 of  the  facilities that are required to
                                     763

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 §122.26

 submit quantitative  data to  be less
 than 10%. unless there are over 100 fa-
 cilities in the group  that are  submit-
 ting quantitative data; approval to be-
 come part of group application must be
 obtained  from the group or the trade
 association representing the individual
 facilities.
  (3)  For any discharge  from  a large
 municipal separate storm sewer sys-
 tem;
  (i) Part 1 of the application shall be
 submitted to the Director by November
 18, 1991;
  (ii) Based on information received in
 the part 1 application the Director will
 approve or deny a sampling plan under
 paragraph (d)(l)(iv)(E) of this  section
 within 90 days after receiving the part
 1 application;
  (iii) Part 2 of the application shall be
 submitted to the Director by November
 16, 1992.
  (4) For any discharge from a medium
 municipal separate storm sewer sys-
 tem;
  (i) Part 1 of the  application shall be
 submitted to the Director by May 18,
 1992.
  (ii)  Based on information received in
 the part 1 application the Director will
 approve or deny a sampling plan under
 paragraph (d)(l)(iv)(E) of  this  section
within 90 days after receiving the part
 1 application.
  (iii) Part 2 of the application shall be
submitted to  the Director  by  May 17.
 1993.
  (5) A permit application shall be sub-
mitted to the  Director within  60 days
of notice, unless  permission for a later
date is granted by the Director (see 40
CFR 124.52(c)). for:
  (i) A  storm water  discharge which
the  Director,  or in  States with ap-
proved NPDES programs, either the Di-
 rector or the EPA Regional Adminis-
trator, determines that the discharge
contributes to a violation of  a water
quality standard or  is a  significant
contributor of pollutants to waters of
the  United  States  (see  paragraph
 (a)(l)(v) of this section);
  (ii)  A storm water discharge  subject
to paragraph (c)(l)(v) of this section.
  (6)  Facilities with  existing  NPDES
permits for storm water discharges as-
sociated  with industrial activity shall
maintain existing  permits.  Facilities
          40 CFR Ch. I  (7-1-99 Edition)

with permits  for  storm  water  dis-
charges associated with industrial  ac-
tivity which expire on or after May 18,
1992 shall submit a  new application in
accordance with the requirements of 40
CFR 122.21 and 40 CFR 122.26(c)  (Form
1,  Form   2F,  and  other  applicable
Forms) 180 days before the expiration
of such permits.
  (7)  The  Director  shall issue or deny
permits  for  discharges composed  en-
tirely of  storm water  under this sec-
tion  in accordance with the following
schedule:
  (i)(A) Except  as  provided in para-
graph (e)(7)(i)(B) of this section, the  Di-
rector shall issue or deny  permits  for
storm water discharges associated with
industrial activity no later than Octo-
ber 1, 1993, or, for new sources or exist-
ing sources which fail to submit a com-
plete permit application by October 1.
1992.  one year after receipt of a com-
plete permit application:
  (B) For any municipality with  a pop-
ulation of less  than 250.000 which sub-
mits a timely Part I group application
under paragraph  (e)(2)(i)(B) of this sec-
tion, the  Director shall issue or deny
permits for storm water discharges  as-
sociated  with  industrial  activity  no
later than May 17, 1994.  or. for any such
municipality which fails to submit a
complete Part II group  permit applica-
tion by May 17, 1993, one year after  re-
ceipt of a complete permit application;
  (ii) The Director shall issue or deny
permits for large municipal separate
storm sewer systems no later than No-
vember 16, 1993,  or. for new sources or
existing sources which fail to submit a
complete  permit  application  by No-
vember 16, 1992,  one year after receipt
of a complete permit application;
  (iii) The Director shall issue or deny
permits for medium municipal separate
storm sewer systems no later than May
17. 1994, or, for new sources or existing
sources which fail to  submit a com-
plete permit application  by May  17,
1993,  one year after receipt of a com-
plete permit application.
  (f) Petitions. (1) Any operator of a mu-
nicipal separate  storm sewer system
may petition the Director to require a
separate  NPDES permit  (or a permit
issued under an approved NPDES State
program)  for any discharge  into  the
                                     764

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 Environmental Protection Agency
                              §122.27
 municipal separate  storm  sewer sys-
 tem.
  (2) Any person  may petition the Di-
 rector to require a NPDES permit for a
 discharge which  is composed entirely
 of storm water which contributes to a
 violation of a water quality standard
 or is a significant contributor of pol-
 lutants to waters of the United States.
  (3) The owner or operator of a munic-
 ipal separate storm sewer system may
 petition the Director to reduce  the
 Census  estimates of the  population
 served by such separate system to ac-
 count for  storm  water discharged  to
 combined sewers  as defined by 40 CFR
 35.2005(b)(Il) that  is  treated in a pub-
 licly owned  treatment works. In mu-
 nicipalities in which combined sewers
 are  operated, the  Census  estimates of
 population  may  be  reduced  propor-
 tional to the  fraction, based on  esti-
 mated lengths, of the length of com-
 bined sewers over the sum of the length
 of combined sewers and municipal sep-
 arate storm  sewers where an applicant
 has submitted the NPDES permit num-
 ber  associated with  each  discharge
 point  and   a  map   indicating  areas
 served by combined sewers and the lo-
 cation of any combined sewer overflow
 discharge point.
  (4) Any person may petition the Di-
 rector for the designation of a large or
 medium  municipal   separate  storm
 sewer system as defined by paragraphs
 (b)(4)(iv) or (b)(7)(iv) of this section.
  (5)  The Director shall  make a final
 determination on  any petition received
 under this section within  90 days after1
 receiving the petition.
  (g)  Application  requirements for dis-
 charges composed entirely of storm  water
 under Clean  Water Act section 402(p)(6).
Any operator of a  point source required
 to obtain  a permit   under  paragraph
 (a) (9) of this section shall  submit an
application in accordance  with the fol-
lowing requirements.
  (1) Application deadlines.  The operator
shall submit an application in accord-
ance with the following deadlines:
  (i) A  discharger which  the  Director
determines to contribute to a violation
of a  water quality standard or is a sig-
nificant  contributor   of pollutants  to
waters of the United States shall apply
for a permit to the Director within 180
days of receipt of notice, unless permis-
 sion for a later date is granted by the
 Director (see 40 CFR 124.52(c)>; or
  (ii) All other dischargers shall apply
 to the Director no later than August 7,
 2001.
  (2) Application requirements. The oper-
 ator shall submit an application in ac-
 cordance with the following  require-
 ments, unless otherwise  modified by
 the Director:
  (i) Individual application  for non-mu-
 nicipai discharges.  The  requirements
 contained in paragraph  (c)(l) of  this
 section.
  (ii) Application requirements For munic-
 ipal separate storm sewer discharges. The
 requirements contained  in paragraph
 (d) of this section.
  (iii)  Notice of intent to be covered  by a
 general permit issued by the Director. The
 requirements contained  in 40  CFR
 122.28(b)(2).
 [55 FR  48063. Nov. 16. 1990. as amended at 56
 FR  12100. Mar.  21. 1991; 56 FR 56554, Nov. 5,
 1991; 57 FR 11412.  Apr. 2.  1992; 57 FR 60447.
 Dec. 18, 1992: 60 FR 17956. Apr. 7. 1995: 60 FR
 19464. Apr. 18. 1995: 60 FR 40235. Aug. 7.  19951

 §122.27  Silviculture! activities (appli-
    cable to State NPDES programs, see
    § 123.25).
  (a)  Permit requirement. Silvicultural
 point sources, as  defined in this  sec-
 tion,  as point sources subject  to the
 NPDES permit program.
  (b) Definitions.  (1)  Silvicultural point
 source means  any  discernible, confined
 and  discrete conveyance  related  to
 rock  crushing,  gravel  washing,  log
 sorting, or log storage facilities which
 are operated  in  connection with  sil-
vicultural activities and  from which
 pollutants are discharged into  waters
of the United States. The  term  does
not include non-point source Silvicul-
tural activities such as nursery oper-
ations,  site preparation, reforestation
and  subsequent   cultural  treatment,
thinning, prescribed burning, pest  and
fire control, harvesting operations, sur-
face drainage, or road construction and
maintenance from  which there  is nat-
ural runoff. However, some of these ac-
tivities (such as  stream crossing for
roads)  may involve point  source  dis-
charges  of dredged  or  fill  material
which  may require a CWA section 404
permit  (See 33 CFR 209.120 and  part
233).
                                     765

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 68838    Federal  Register /Vol. 64,  No. 235/Wednesday, December 8, 1999/Rules and Regulations
                                              40 CFR citation
                                                                 OMB control
                                                                     No.
                     EPA Administered Permit Programs: The National Pollutant Discharge Elimination System
 122.26(g)
                                                                   2040-0211
                                               State Permit Requirements
 123.35{b)
                                                                   2040-0211
 PART 122—EPA ADMINISTERED
 PERMIT PROGRAMS: THE NATIONAL
 POLLUTANT DISCHARGE
 ELIMINATION SYSTEM

   1. The authority citation for part 122
 continues to read as follows:
   Authority: The Clean Water Act, 33 U.S.C.
 1251 et seq.

   2. Revise § 122.21(c)(l) to read as
kfollows;

 § 122.21  Application for a permit
 (applicable to State programs, see § 123.25).
 *****

   (c) Time to apply. (1) Any person
 proposing a new discharge, shall submit
 an application at least 180 days before
 the date on which the discharge is to
 commence, unless permission for a later
 date has been granted by the Director.
 Facilities proposing a new discharge of
 storm water associated with industrial
 activity shall submit an application 180
 days before that facility commences
 industrial activity which may result in
 a discharge of storm water associated
 with that industrial activity. Facilities
 described under § 122.26(b)(14)(x) or
 (b)(15)(i) shall submit applications at
 least 90 days before the date on which
 construction is to commence. Different
 submittal dates may be required under
 the terms of applicable general permits.
 Persons proposing a new discharge  are
 encouraged to submit their applications
 well in advance of the 90 or 180 day
 requirements to avoid delay. See also
 paragraph (k) of this section and
 § 122.26(c)(l)(iKG) and (c)(l}(ii).
      *    *    *    *

   3. Amend § 122.26 as follows;
   a. Revise paragraphs  (a)(9), (b)(4)(i),
 (b)(7)(i), (b)(14) introductory text,
  b. Redesignate paragraph (b){15) as
paragraph (b)(20) and add new
paragraphs (b)(15) through (b)(19);
  c. Revise the heading for paragraph
(c), the first sentence of paragraph (c)(l)
introductory text, the first sentence of
paragraph (c)(l)(ii) introductory text,
paragraphs (e] heading and introductory
text, (e)(l), (e)(5) introductory text, and
   . Add paragraphs (e)(8) and (e)(9);
and
  e. Revise paragraphs (f)(4), (f)(5), and
(g).
  The additions and revisions read as
follows:

§ 1 22.26 Storm water discharges
(applicable to State NPDES programs, see
§123.25).
  (al* * *
  (9)(i) On and after October 1, 1994, for
discharges composed entirely of storm
water, that are not required by
paragraph (a)(l) of this section to obtain
a permit, operators shall be required to
obtain a NPDES permit only if:
  (A) The discharge is from a small MS4
required to be regulated pursuant to
§122.32;
  (B) The discharge is a storm water
discharge associated with small
construction activity pursuant to
paragraph (b)(15) of this section;
  (CJTne Director, or in States with
approved NPDES programs either the
Director or the EPA Regional
Administrator, determines that storm
water controls are needed for the
discharge based on wasteload
allocations that are part of "total
maximum daily loads" (TMDLs) that
address the pollutant(s) of concern; or
  (D) The Director, or in States with
approved NPDES programs either the
Director or the EPA Regional
Administrator, determines that the
discharge, or category of discharges
within a geographic area, contributes to
a violation of a water quality standard
or is a significant contributor of
pollutants to waters of the United
States.
  (ii) Operators of small MS4s
designated pursuant to paragraphs
(a)(9)(i)(A), (a)(9)(i)(C), and (a)(9)(i)(D) of
this section shall seek coverage under
an NPDES permit in accordance with
§§ 122.33 through 122.35. Operators of
non-municipal sources designated
pursuant to paragraphs (a)[9)(i)(B),
(a}(9)(i)(C), and (a)(9)(i)(D) of this
section shall seek coverage under an
NPDES permit in accordance with
paragraph (c)(l) of this section.
  (iii) Operators of storm water
discharges designated pursuant to
paragraphs (a)(9)(i)(C) and (a)(9)(i)(D) of
this section shall apply to the Director
for a permit within 180 days of receipt
of notice, unless permission for a later
date is granted by the Director (see
§ 124.52(c) of this chapter).
  (b)* *  •
  (4)* *  *
  (i) Located in an incorporated place
with a population of 250,000 or more as
determined by the 1990 Decennial
Census by the Bureau of the Census
(Appendix F of this part); or
*****
  (7)* ,  *
  (i) Located in an incorporated place
with a population of 100,000 or more
but less than 250,000, as determined by
the 1990 Decennial Census by the
Bureau of the Census (Appendix G of
this part); or
*****
  (14) Storm water discharge associated
with industrial activity means the
discharge from any conveyance that is
used for collecting and conveying storm

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           Federal Register/Vol. 64, No.  235/Wednesday, December 8, 1999/Rules and Regulations    68839
water and that is directly related to
manufacturing, processing or raw
materials storage areas at an industrial
plant. The term does not include
discharges from facilities or activities
excluded from the NPDES program
under this part 122. For the categories
of industries identified in this section,
the term includes, but is not limited to,
storm water discharges from industrial
plant yards; immediate access roads and
rail lines used or traveled by carriers of
raw materials, manufactured products,
waste material, or by-products used or
created by the facility; material handling
sites; refuse sites; sites used for the
application or disposal of process waste
waters (as defined at part 401 of this
chapter); sites used for the storage and
maintenance of material handling
equipment; sites used for residual
treatment, storage, or disposal; shipping
and receiving areas; manufacturing
buildings; storage areas (including tank
farms) for raw materials, and
intermediate and final products; and
areas where industrial activity has taken
place in the past and significant
materials remain and are exposed to
storm water. For the purposes of this
paragraph, material handling activities
include storage, loading and unloading,
transportation, or conveyance of any
raw material, intermediate product,
final product, by-product or waste
product. The term excludes areas
located  on plant lands separate from the
plant's industrial activities, such as
office buildings and accompanying
parking lots as long as the drainage from
the excluded areas is not mixed with
storm water drained from the above
described areas. Industrial facilities
(including industrial facilities that are
federally, State, or municipally owned
or operated that meet the description of
the facilities listed in paragraphs
(b)(l4](i) through (xi) of this section)
include those facilities designated under
the provisions of paragraph (a)(l)(v) of
this section. The following categories of
facilities are considered to be engaging
in "industrial activity" for purposes of
paragraph (b)(14):
  (x) Construction activity including
clearing, grading and excavation, except
operations that result in the disturbance
of less than five acres of total land area.
Construction activity also includes the
disturbance of less than five acres of
total land area that is a part of a larger
common plan of development or sale if
the larger common plan will ultimately
disturb five acres or more;
  (xi) 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-
25;
  (15)  Storm water discharge associated
with small construction activity means
the discharge of storm water from:
  (i) Construction activities including
clearing, grading, and excavating that
result in land disturbance of equal to or
greater than one acre and less than five
acres. Small construction activity also
includes the disturbance of less than
one acre of total land area that is part
of a larger common plan of development
or sale if the larger common plan will
ultimately disturb equal to or greater
than one and less than  five acres. Small
construction activity does not include
routine maintenance that is performed
to maintain the original line and grade,
hydraulic capacity, or original purpose
of the facility. The Director may waive
the otherwise applicable requirements
in a general permit for a storm water
discharge from construction activities
that disturb less than five acres where:
  (A) The value of the rainfall erosivity
factor ("R" in the Revised Universal Soil
Loss Equation) is less than five during
the period of construction activity. The
rainfall erosivity factor is determined in
accordance with Chapter 2 of
Agriculture Handbook Number 703,
Predicting Soil Erosion by Water: A
Guide  to Conservation Planning With
the Revised Universal Soil Loss
Equation (RUSLE), pages 21-64, dated
January 1997. The Director of the
Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C 55 2 (a) and 1
CFR part 51. Copies may be obtained
from EPA's Water Resource Center, Mail
Code RC4100,401 M St. S.W.,
Washington, DC 20460. A copy is also
available for inspection at the U.S. EPA
Water Docket, 401 M Street S.W.,
Washington, DC. 20460, or the Office of
the Federal Register, 800 N. Capitol
Street N.W. Suite 700, Washington, DC.
An operator must certify to the Director
that the construction activity will take
place during a period when the value of
the rainfall erosivity factor is less than
five; or
  (B) Storm %vater controls are not
needed based on a "total maximum
daily load" (TMDL) approved or
established by EPA that addresses the
pollutant(s) of concern or, for non-
impaired waters that do not require
TMDLs, an equivalent analysis that
determines allocations for small
construction sites for the pollutant(s) of
concern or that determines that such
allocations are not needed to protect
water quality based on consideration of
existing in-stream concentrations,
expected growth in pollutant
contributions from all sources, and a
margin of safety. For the purpose of this
paragraph, the pollutant(s) of concern
include sediment or a parameter that
addresses sediment (such as total
suspended solids, turbidity or  siltation)
and any other pollutant that has been
identified as a cause of impairment of
any water body that will receive a
discharge from the construction activity.
The operator must certify to the Director
that the construction activity will take
place, and storm water discharges will
occur, within the drainage area
addressed by the TMDL or equivalent
analysis.
  (ii) Any other construction activity
designated by the Director, or in States
with approved NPDES programs either
the Director or the EPA Regional
Administrator, based on the potential
for contribution to a violation of a water
quality standard or for significant
contribution of pollutants to waters of
the United  States.
  EXHIBIT 1 TO §122.26(B)(15).—SUMMARY OF COVERAGE OF "STORM WATER DISCHARGES ASSOCIATED WITH SMALL
                       CONSTRUCTION ACTIVITY" UNDER THE NPDES STORM WATER PROGRAM
Automatic  Designation:  Required  Nationwide
  Coverage.
Potential Designation: Optional  Evaluation and
  Designation by the NPDES Permitting Author-
  ity or EPA Regional Administrator..
   Construction activities that result in a land disturbance of equal to or greater than one acre
   and less than five acres.
   Construction activities disturbing less than one acre if part of a larger common plan of devel-
   opment or sale with a planned disturbance of equal to or greater than one acre and less
   than five acres, (see §l22.26(b)(t5)(i).)
   Construction activities that result in a land disturbance of  less than one acre based on the
   potential for contribution to a violation of a water quality standard or for significant contribu-
   tion of pollutants- (see §122.26(b)(15)(ii).)

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68840    Federal Register/Vol.  64,  No. 235/Wednesday, December 8, 1999/Rules and  Regulations
  EXHIBIT 1 TO §122.26(8)(15).—SUMMARY OF COVERAGE OF "STORM WATER DISCHARGES ASSOCIATED WITH SMALL
                 CONSTRUCTION ACTIVITY" UNDER THE NPDES STORM WATER PROGRAM—Continued
rPotential Waiver: Waiver from Requirements as
  Determined by the NPDES Permitting Author-
  ity..
Any automatically designated construction activity where the operator certifies: (1) A rainfall
  erosivity factor of less than five, or (2) That the activity will occur within an area where con-
  trols are not needed based on a TMDL or, for non-impaired waters that do not require a
  TMDL, an equivalent analysis for the pollutant(s) of concern, (see §122.26(b)(15)(i).)
   (16) Small municipal separate storm
 sewer system means all separate storm
 sewers that are:
   (i) Owned or operated by the United
 States, a State, city, town, borough,
 county, parish, district, association, or
 other public body (created by or
 pursuant to State law) having
 jurisdiction over disposal of sewage,
 industrial wastes, storm water, or other
 wastes, including special districts under
 State law such as a sewer district, flood
 control district or drainage district, or
 similar entity,  or an Indian tribe or  an
 authorized Indian tribal  organization, or
 a designated and approved management
 agency under section 208 of the CWA
 that discharges to  waters of the United
 States.
   (ii) Not defined  as "large" or
 "medium" municipal separate storm
 sewer systems  pursuant  to paragraphs
 (b)(4) and (b)(7) of this section, or
 designated under paragraph (a)(l)(v) of
  lis section.
   (iii) This term includes systems
^similar to separate storm sewer systems
 in municipalities, such as systems at
 military bases, large hospital or prison
 complexes, and highways and other
 thoroughfares-  The term does not
 include separate storm sewers in very
 discrete areas,  such as individual
 buildings.
   (17) Small MS4  means a small
 municipal separate storm sewer system.
   (18) Municipal separate  storm sewer
 system means all separate storm sewers
 that are defined as "large"  or "medium"
 or "small" municipal separate storm
 sewer systems  pursuant  to paragraphs
 (b)(4), (b)(7), and (b)(16)  of this section,
 or designated under paragraph (a)(l)(v)
 of this section.
   (19) MS4 means a municipal separate
 storm sewer system.

   (c) Application requirements for storm
 water discharges associated with
 industrial activity and storm water
 discharges associated with small
 construction activity—(1) Individual
 application. Dischargers of storm water
 associated with industrial activity and
 with small construction  activity are
 required to apply for an individual
  ermit or seek  coverage under a
 promulgated storm water general
 permit. *  *  *
                                         (ii) An operator of an existing or new
                                       storm water discharge that is associated
                                       with industrial activity solely under
                                       paragraph (b}(14)(x) of this section or is
                                       associated with small construction
                                       activity solely under paragraph (b)(15)
                                       of this section, is exempt from the
                                       requirements of § 122.21(g) and
                                       paragraph (c)(l)(i) of this section. * * *
                                       *****
                                         (e) Application deadlines. Any
                                       operator of a point source required to
                                       obtain a permit under this section that
                                       does not have an effective NPDES
                                       permit authorizing discharges from its
                                       storm water outfalls shall submit an
                                       application in accordance with the
                                       following deadlines:
                                         (1) Storm water discharges associated
                                       with industrial activity, (i) Except as
                                       provided in paragraph  (e)(l)(ii) of this
                                       section, for any storm water discharge
                                       associated with industrial activity
                                       identified in paragraphs (b)(14)(i)
                                       through (xi) of this section, that is not
                                       part of a group application as described
                                       in paragraph (c)(2) of this section or that
                                       is not authorized by a storm water
                                       general permit, a permit application
                                       made pursuant to paragraph (c) of this
                                       section must be submitted to the
                                       Director by October 1,1992;
                                         (ii) For any storm water discharge
                                       associated with industrial activity from
                                       a facility that is owned or operated by
                                       a municipality with a population of less
                                       than 100,000 that is not authorized by
                                       a general or individual permit, other
                                       than an airport, powerplant, or
                                       uncontrolled sanitary landfill, the
                                       permit application must be submitted to
                                       the Director by March 10, 2003.
                                       *****
                                         (5) A permit application shall be
                                       submitted to the Director within  180
                                       days of notice, unless permission for a
                                       later date is granted by the Director (see
                                       § 124.52(c)  of this chapter), for:
                                         (i) A storm water discharge that the
                                       Director, or in States with approved
                                       NPDES programs, either the Director or
                                       the EPA Regional Administrator,
                                       determines that the discharge
                                       contributes to a violation of a water
                                       quality standard or is a significant
                                       contributor of pollutants to waters of the
                                       United States (see paragraphs (a)(l)(v)
                                       and (b)(15)(ii) of this section);
                                        (8) For any storm water discharge
                                      associated with small construction
                                      activity identified in paragraph (b)(15)(i)
                                      of tbVsection, see § 122.21(c)(l).
                                      Discharges from these sources require
                                      permit authorization by March 10, 2003,
                                      unless designated for coverage before
                                      then.
                                        (9) For any discharge from a regulated
                                      small MS4, the permit application made
                                      under § 122.33 must be submitted to the
                                      Director by:
                                        (i) March 10, 2003 if designated under
                                      § 122.32(a)(l) unless your MS4 serves a
                                      jurisdiction with a population under
                                      10,000 and the NPDES permitting
                                      authority has established a phasing
                                      schedule under § 123.35(d)(3) (see
                                      §122.33(c)(l));or
                                        (ii) Within 180 days of notice, unless
                                      the NPDES permitting authority grants a
                                      later date, if designated under
                                      §122.32(a)(2) (see §122.33(c)(2)).
                                        ffl* * *
                                        (4) Any person may petition the
                                      Director for the designation of a large,
                                      medium, or small municipal separate
                                      storm sewer system as denned by
                                      paragraph (b)(4)(iv), (b)(7)(iv), or (b){!6)
                                      of this section.
                                        (5) The Director shall make a final
                                      determination on any petition received
                                      under this section within 90 days  after
                                      receiving the petition with the
                                      exception of petitions to designate a
                                      small MS4 in which case the Director
                                      shall make a final determination on the
                                      petition within 180 days after its
                                      receipt:
                                        (g) Conditional exclusion for "no
                                      exposure" of industrial activities and
                                      materials to storm water. Discharges
                                      composed entirely of storm water  are
                                      not storm water discharges associated
                                      with industrial activity if there is "no
                                      exposure" of industrial materials and
                                      activities to rain, snow, snowmelt and/
                                      or runoff, and the discharger satisfies
                                      the conditions in paragraphs (g)(l)
                                      through (g)(4) of this section. "No
                                      exposure" means that all industrial
                                      materials and activities are protected by
                                      a storm resistant shelter to prevent
                                      exposure to rain, snow, snowmelt, and/
                                      or runoff. Industrial materials or
                                      activities include, but are not limited to,
                                      material handling equipment or
                                      activities, industrial machinery, raw
                                      materials, intermediate products, by-
                                      products, final products, or waste

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           Federal Register/Vol.  64, No. 235/Wednesday, December 8,  1999/Rules  and Regulations    68841
 products. Material handling activities
 include the storage, loading and
 unloading, transportation, or
 conveyance of any raw material,
 intermediate product, final product or
 waste product.
  (1) Qualification. To qualify for this
 exclusion, the operator of the discharge
 must:
  (i) Provide a storm resistant shelter to
 protect industrial materials and
 activities from exposure to rain, snow,
 snow melt, and runoff;
  (ii) Complete and sign (according to
 § 122.22) a certification that there are no
 discharges of storm water contaminated
 by exposure to industrial materials and
 activities from the entire facility, except
 as provided in paragraph (g)(2) of this
section;
  (iii) Submit  the signed certification to
 the NPDES permitting authority once
 every five years;
  (iv) Allow the Director to inspect the
 facility to determine compliance with
the "no exposure" conditions;
  (v) Allow the Director to make any
 "no exposure" inspection reports
 available to the public upon request;
 and
  (vi) For facilities that discharge
through an MS4, upon request, submit
 a copy of the certification of "no
 exposure" to the MS4 operator, as well
as allow inspection and public reporting
by the MS4 operator.
  (2) Industrial materials and activities
 not requiring storm resistant shelter. To
qualify for this exclusion, storm
 resistant shelter is not required for:
  (i) Drums, barrels, tanks, and similar
containers that are tightly sealed,
provided those containers are not
deteriorated and do not leak ("Sealed"
 means banded or otherwise secured and
without operational taps or valves);
  (ii) Adequately maintained  vehicles
used in material handling; and
  (iii) Final products, other than
 products that would be mobilized in
 storm water discharge (e.g., rock salt).
  (3) Limitations, (i) Storm water
 discharges from construction  activities
 identified in paragraphs (b)(14)(x) and
 (b)(l5) are not eligible for this
 conditional exclusion.
  (ii) This conditional exclusion from
 the requirement for an NPDES permit is
 available on a  facility-wide basis only,
 not for individual outfalls. If a facility
 has some  discharges of storm  water that
 would otherwise be "no exposure"
 discharges, individual permit
 requirements should be adjusted
 accordingly.
  (iii) If circumstances change and
 industrial materials or activities become
 exposed to rain, snow, snow melt, and/
 or runoff, the conditions for this
exclusion no longer apply. In such
cases, the discharge becomes subject to
enforcement for un-permitted discharge.
Any conditionally exempt discharger
who anticipates changes in
circumstances should apply for and
obtain permit authorization prior to the
change of circumstances.
  (iv) Notwithstanding the provisions of
this paragraph, the NPDES permitting
authority retains the authority to require
permit authorization (and deny this
exclusion) upon making a determination
that the discharge causes, has a
reasonable potential to cause, or
contributes to an instream excursion
above an applicable water quality
standard, including designated uses.
  (4) Certification. The no exposure
certification must require the
submission of the following
information, at a minimum, to aid the
NPDES permitting authority in
determining if the facility qualifies for
the no exposure exclusion:
  (i) The legal name, address and phone
number of the discharger (see
§122.21(b));
  (ii) The facility name and address, the
county name and the latitude and
longitude where the facility is located;
  (iii) The certification must indicate
that none of the following materials or
activities are, or will be in the
foreseeable future, exposed to
precipitation:
  (A) Using, storing or cleaning
industrial machinery or equipment, and
areas where residuals from using,
storing or cleaning industrial machinery
or equipment remain and are exposed to
storm water;
  (B) Materials or residuals on the
ground or in storm water inlets from
spills/leaks;
  (C) Materials or products from past
industrial activity;
  (D) Material handling equipment
(except adequately maintained
vehicles);
  (E) Materials or products during
loading/unloading or transporting
activities;
  (F) Materials or products stored
outdoors (except final products
intended for outside use, e.g., new cars,
where exposure to storm water does not
result in the discharge of pollutants);
  (G) Materials contained in open,
deteriorated or leaking storage drums,
barrels,  tanks, and similar containers;
  (H) Materials or products handled/
stored on roads or railways owned or
maintained by the discharger;
  (I) Waste material (except waste in
covered, non-leaking containers, e.g.,
dumpsters);
  (J) Application or disposal of process
wastewater (unless otherwise
permitted); and
  (K) Particulate matter or visible
deposits of residuals from roof stacks/
vents not otherwise regulated, i.e.,
under an air quality control permit, and
evident in the storm water outflow;
  (iv) All "no exposure" certifications
must include the following certification
statement, and be signed in accordance
with the signatory requirements of
§ 122.22: "I certify under penalty of law
that I have read and understand the
eligibility requirements for claiming a
condition of "no exposure" and
obtaining an exclusion from NPDES
storm water permitting; and that there
are no discharges  of storm water
contaminated by exposure to industrial
activities or materials from the
industrial facility identified in this
document (except as allowed under
paragraph (g)(2)) of this section. I
understand that I  am obligated to submit
a no exposure certification form once
every five years to the NPDES
permitting authority and, if requested,
to the operator of the local MS4 into
which this facility discharges (where
applicable). I understand that I must
allow the NPDES  permitting authority,
or MS4 operator where the discharge is
into the local MS4, to perform
inspections to confirm the condition of
no exposure and to make such
inspection reports publicly available
upon request. I understand that I must
obtain coverage under an NPDES permit
prior to any point source discharge of
storm water from  the facility. I certify
under penalty of law that this document
and all attachments were prepared
under my direction  or supervision in
accordance with a system designed to
assure that qualified personnel properly
gathered and evaluated the information
submitted. Based  upon my inquiry of
the person or persons who manage the
system, or those persons directly
involved in gathering the information,
the information submitted is to the best
of my knowledge  and belief true,
accurate and complete. I am aware there
are significant penalties for submitting
false information, including the
possibility of fine and imprisonment for
knowing violations."
  4. Revise § 122.28(b)(2)(v) to read as
follows:

§ 122.28  General permits (applicable to
State NPDES programs, see § 123.25).
*****
  (b) *  * *
  (2) *  * *
  (v) Discharges other than discharges
from publicly owned treatment works,
combined sewer overflows, municipal

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     68842    Federal Register/Vol. 64, No.  235/Wednesday, December 8, 1999/Rules and  Regulations
     11

•
separate storm sewer systems, primary
industrial facilities, and storm water
(discharges associated with industrial
activity, may, at the discretion of the
Director, be authorized to discharge
under a general permit without
submitting a notice of intent where the
Director finds that a notice of intent
requirement would be inappropriate. In
making such a finding, the Director
shall consider: the type of discharge; the
expected nature of the discharge; the
potential for toxic and conventional
pollutants in the discharges; the
expected volume of the discharges;
other means of identifying discharges
covered,by the permit; and the
estimated number of discharges to be
covered by the permit. The Director
shall provide in the public notice of the
general permit the reasons for not
requiring a notice of intent.
*****
  5. Add §§ 122.30 through 122.37 to
subpart B to read as follows:
§ 122.30 What are the objectives of the
storm water regulations for small MS4s?
  (a) Sections 122.30 through 122.37 are
written in a "readable regulation"
format that includes both rule
requirements and EPA guidance that is
not legally binding. EPA has clearly
distinguished its recommended
 iuidance from the rule requirements by
putting the guidance in a separate
paragraph headed by the word
"guidance".
  (b) Under the statutory mandate in
section 402(p)(6) of the Clean Water Act,
the purpose of this portion of the storm
water program is to designate additional
sources that need to be regulated to
protect water quality and, to establish a
comprehensive storm water program to
regulate these sources. (Because the
storm water program is part of the
National Pollutant Discharge
Elimination System (NPDES) Program,
you should also refer to § 122.1 which
addresses the broader purpose of the
NPDES program.)
  (c) Storm water runoff continues to
harm the nation's waters. Runoff from
lands modified by human activities can
harm surface water resources in several
ways including by changing natural
hydrologic patterns and by elevating
pollutant concentrations and loadings.
Storm water runoff may contain or
mobilize high levels of contaminants,
such as sediment, suspended solids,
nutrients, heavy metals, pathogens,
toxins, oxygen-demanding substances,
  d floatables.
  (d) EPA strongly encourages
partnerships and the watershed
approach as the management framework
for efficiently, effectively, and
 consistently protecting and restoring
 aquatic ecosystems and protecting
 public health.

 § 122.31  As a Tribe, what is my role under
 the NPDES storm water program?
   As a Tribe you may:
   (a) Be authorized to operate the
 NPDES program including the storm
 water program, after EPA determines
 that you are eligible for treatment in the
 same manner as a State under §§ 123.31
 through 123.34 of this chapter. (If you
 do not have an authorized NPDES
 program, EPA implements the program
 for discharges on your reservation as
 well as other Indian country, generally.);
   (b) Be classified as an owner of a
 regulated small MS4, as denned in
 § 122.32. (Designation of your Tribe as
 an owner of a small MS4 for purposes
 of this part is an approach that is
 consistent with EPA's 1984 Indian
 Policy of operating on a government-to-
 government basis with EPA looking to
 Tribes as the lead governmental
 authorities to address environmental
 issues on their reservations as
 appropriate. If you operate a separate
 storm sewer system that meets the
 definition of a regulated small MS4, you
 are subject to the requirements under
 §§ 122.33 through 122.35. If you are not
 designated as a regulated small MS4,
 you may ask EPA to designate you as
 such for the purposes of this part.); or
   (c) Be a discharger of storm water
 associated with industrial activity or
 small construction activity under
 §§ 122.26(b)(14) or (b)(15), in which
 case you must meet the applicable
 requirements. Within Indian country,
 the NPDES permitting authority  is
 generally EPA, unless you are
 authorized to administer the NPDES
 program.

' § 122.32 As an operator of a smalt MS4,
 am I regulated under the NPDES storm
 water program?
   (a) Unless you qualify for a waiver
 under paragraph (c) of this section, you
 are regulated if you operate a small
 MS4, including but not limited to
 systems operated by federal, State,
 Tribal, and local governments,
 including State departments of
 transportation; and:
   (1) Your small MS4 is located in an
 urbanized area as determined by the
 latest Decennial Census by the Bureau
 of the Census. (If your small MS4 is not
 located entirely within an urbanized
 area, only the portion that is within the
 urbanized area is regulated); or
   (2) You are designated by the NPDES
 permitting authority, including where
 the designation is pursuant to
 §§ 123.35(b)(3) and (b)(4) of this  chapter,
 or is based upon a petition under
 §122.26(f).
  (b) You may be the subject of a
 petition to the NPDES permitting
 authority to require an NPDES permit
 for your discharge of storm water. If the
 NPDES permitting authority determines
 that you need a permit, you are required
 to comply with §§ 122.33 through
 122.35.
  (c) The NPDES permitting authority
 may waive the requirements otherwise
 applicable to you if you meet the criteria
 of paragraph (d) or (e)  of this section. If
 you receive a waiver under this section,
 you may subsequently be required to
 seek coverage under an NPDES permit
 in accordance with § 122.33(a) if
 circumstances change. (See also
 § 123.35(b) of this chapter.)
  (d) The NPDES permitting authority
 may waive permit coverage if your MS4
 serves a population of less than 1,000
 within the urbanized area and you meet
 the following criteria:
  (1) Your system is not contributing
 substantially to the pollutant loadings of
 a physically interconnected MS4 that is
 regulated by the NPDES storm water
program (see § 123.35(b)(4) of this
 chapter); and
  (2) If you discharge any pollutant(s)
that have been identified as a cause of
 impairment of any water body to which
you discharge, storm water controls are
not needed based on wasteload
allocations tHat are part of an EPA
approved or established "total
maximum daily load"  (TMDL) that
addresses the pollutant(s) of concern.
  (e) The NPDES permitting authority
may waive permit coverage if your MS4
serves a population under 10,000 and
you meet the following criteria:
  (1) The permitting authority has
evaluated all waters of the U.S.,
including small streams, tributaries,
lakes, and ponds, that receive a
 discharge from your MS4;
  (2) For all such waters, the permitting
authority has determined that storm
water controls are not needed based on
wasteload allocations that are part of an
EPA approved or established TMDL that
addresses the pollutant(s) of concern or,
if a TMDL has not been developed or
approved, an equivalent analysis that
determines sources and allocations for
the pollutant(s) of concern;
  (3) For the purpose of this paragraph
(e), the pollutant(s) of concern include
biochemical oxygen demand (BOD),
sediment or a parameter that addresses
sediment (such as total suspended
solids, turbidity or siltation), pathogens,
oil and grease, and any pollutant that
has been  identified as a cause of
impairment of any water body that will
receive a  discharge from your MS4; and

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           Federal Register/Vol.  64, No. 235/Wednesday, December 8, 1999/Rules and  Regulations    68843
  (4] The permitting authority has
determined that future discharges from
your MS4 do not have the potential to
result in exceedances of water quality
standards, including impairment of
designated uses, or other significant
water quality impacts, including habitat
and biological impacts.

§ 122.33  If I am an operator of a regulated
small MS4, how do I apply for an NPDES
permit and when do I have to apply?
  (a) If you operate a regulated small
MS4 under § 122.32, you must seek
coverage under a NPDES permit issued
by your NPDES permitting authority.  If
you are located in an NPDES authorized
State, Tribe, or Territory, then that State,
Tribe, or Territory is your NPDES
permitting authority. Otherwise, your
NPDES permitting authority is the EPA
Regional Office.
  (D) You must seek authorization to
discharge under a general or individual
NPDES permit, as follows:
  (1) If your NPDES permitting
authority has issued a general permit
applicable to your discharge and you  are
seeking coverage under  the general
permit, you must submit a Notice of
Intent (NOI)  that includes the
information on your best management
practices and measurable goals required
by § 122.34(d). You may file your own
NOI, or you and other municipalities  or
governmental entities may jointly
submit an NOI. If you want to share
responsibilities for meeting the
minimum measures with other
municipalities or governmental entities,
you must submit an NOI that describes
which minimum measures you will
implement and identify the entities that
will implement the other minimum
measures within the area served by your
MS4. The general permit will explain
any other steps necessary to obtain
permit authorization.
  (2)(i) If you are seeking authorization
to discharge under an individual permit
and wish to implement  a program under
§ 122.34, you must submit an
application to your NPDES permitting
authority that includes the information
required under §§ 122.21(f) and
122.34{d), an estimate of square mileage
served by your small MS4, and any
additional information that your NPDES
permitting authority requests. A storm
sewer map that satisfies the requirement
of § 122.34(b)(3j(i) will satisfy the map
requirement in § 122.21(f)(7).
  fii) If you are seeking  authorization to
discharge under an individual permit
and wish to implement  a program that
is different from the program under
§ 122.34, you will need  to comply with
the permit application requirements of
§ 122.26(d). You must submit both Parts
of the application requirements in
§§ 122.26(d)(l) and (2) by March 10,
2003. You do not need to submit the
information required by
§§ 122.26(d)(l)(ii) and (d)(2) regarding
your legal authority, unless you intend
for the permit writer to take such
information into account when
developing your other permit
conditions.
  (Hi) If allowed by your NPDES
permitting authority, you and another
regulated entity may jointly apply under
either paragraph (b)(2)(i) or (b)(2)(ii) of
this section to be co-permittees under an
individual permit.
  (3) If your small MS4 is in the same
urbanized area as a medium or large
MS4 with an NPDES storm water permit
and that other MS4 is willing to have
you participate in its storm water
program, you and the other MS4 may
jointly seek a modification of the other
MS4 permit to include you as a limited
co-permittee. As a limited co-permittee,
you will be responsible for compliance
with the permit's conditions applicable
to your jurisdiction. If you choose this
option you will need to comply with the
permit application requirements of
§ 122.26, rather than the requirements of
§ 122.34. You do not need to comply
with the specific application
requirements of § 122.26(d)(l)(iii) and
(iv) and (d)(2)(iii) (discharge
characterization). You may satisfy the
requirements in §122.26 (d)(l)(v) and
(d)(2)(iv) (identification of a
management program) by referring to
the other MS4's storm water
management program.               •
  (4) Guidance: In referencing an MS4's
storm water management program, you
should briefly describe how the existing
plan will address discharges from your
small MS4 or would need to be
supplemented in order to adequately
address your discharges. You should
also explain your role in coordinating
storm water pollutant control activities
in your MS4, and detail the resources
available to you to accomplish the plan.
  (c) If you operate a regulated small
MS4:
  (1) Designated under § 122.32(a)(l),
you must apply for coverage under an
NPDES permit, or apply for a
modification of an existing NPDES
permit under paragraph (b)(3) of this
section by March 10, 2003, unless your
MS4 serves a jurisdiction with a
population under 10,000 and the
NPDES permitting authority has
established a phasing schedule under
§123.35(d)(3) of this chapter.
  (2) Designated under § 122.32(a)(2),
you must apply for coverage under an
NPDES permit, or apply for a
modification of an existing NPDES
permit under paragraph (b)(3) of this
section, within 180 days of notice,
unless the NPDES permitting authority ,
grants a later date.

§122.34 As an operator of a regulated
small MS4, what will my NPOES MS4 storm
water permit require?
  (a) Your NPDES MS4 permit will
require at a minimum that you develop,
implement, and enforce a storm water
management program designed to
reduce the discharge of pollutants from
your MS4  to the maximum extent
practicable (MEP), to  protect water
quality, and  to satisfy the appropriate
water quality requirements of the Clean
Water Act. Your storm water
management program must include the
minimum control measures described in
paragraph (b) of this section unless you
apply for a permit under § 122.26(d).
For purposes of this section, narrative
effluent limitations requiring
implementation of best management
practices (BMPs) are generally the most
appropriate form of effluent limitations
when designed to satisfy technology
requirements (including reductions of
pollutants to the maximum extent
practicable) and to protect water quality.
Implementation of best management
practices consistent with the provisions
of the storm  water management progra:
required pursuant to this section and
the provisions of the permit required
pursuant to § 122.33 constitutes
compliance with the standard of
reducing pollutants to the "maximum
extent practicable." Your NPDES
permitting authority will specify a time
period of up to 5 years from the date of
permit issuance for you to develop and
implement your program.
  (b) Minimum control measures—(1)
Public education and outreach on storm
water impacts, (i) You must implement
a public education program to distribute
educational materials to the community
or conduct equivalent outreach
activities about the impacts of storm
water discharges on water bodies and
the steps that the public can take to
reduce pollutants in storm water runoff.
  (ii) Guidance: You may use storm
water educational materials provided by
your State, Tribe, EPA, environmental,
public interest or trade organizations, or
other MS4s.  The public education
program should inform individuals and
households about the steps they can
take to reduce storm water pollution,
such as ensuring proper septic system
maintenance, ensuring the proper use
and disposal of landscape and garden
chemicals including fertilizers and
pesticides, protecting and restoring
riparian vegetation, and properly
disposing of used motor oil or

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68844    Federal Register/VoL  64, No. 235/Wednesday, December 8, 1999/Rules and Regulations
household hazardous wastes. EPA
recommends that the program inform
mdividuals and groups how to become
 nvolved in local stream and beach
restoration activities as well as activities
that are coordinated by youth service
and conservation corps or other citizen
groups. EPA recommends that the
public education program be tailored,
using a mix of locally appropriate
strategies, to target specific audiences
and communities. Examples of
strategies include distributing brochures
or fact sheets, sponsoring speaking
engagements before community groups,
providing public service
announcements, implementing
educational programs targeted at school
age children, and conducting
community-based projects such as storm
drain stenciling, and watershed and
beach cleanups. In addition, EPA
recommends that some of the materials
or outreach programs be directed toward
targeted groups of commercial,
industrial, and institutional entities
likely to have significant storm water
impacts. For example, providing
information to restaurants on the impact
of grease  clogging storm drains and to
garages on the impact of oil discharges.
You are encouraged to tailor your
outreach  program to address the
 iewpoints and concerns of all
 lommunities, particularly minority and
disadvantaged communities, as well as
any special concerns relating to
children.
  (2) Public involvement/participation.
(i) You must, at a minimum, comply
with State, Tribal and local public
notice requirements when
implementing a public involvement/
participation program.
  (ii) Guidance: EPA recommends that
the public be included in developing,
implementing, and reviewing your
storm water management program and
that the public participation process
should make efforts to reach out and
engage all economic and ethnic groups.
Opportunities for members of the public
to participate in program development
and implementation include serving  as
citizen representatives on a local storm
water management panel, attending
public hearings, working as citizen
volunteers to educate other individuals
about the program, assisting in program
coordination with other pre-existing
programs, or participating in volunteer
monitoring efforts. (Citizens should
obtain approval where necessary for
 awful access to monitoring sites.)
  (3) Illicit discharge detection and
elimination,  (i) You must develop,
implement and enforce a program to
detect and eliminate illicit discharges
                                       (as defined at § 122.26(b)(2)) into your
                                       small MS4.
                                         (ii) You must:
                                         (A) Develop, if not already completed,
                                       a storm sewer system map, showing the
                                       location of all outfalls and the names
                                       and location of all waters of the United
                                       States that receive discharges from those
                                       outfalls;
                                         (B) To the extent allowable under
                                       State, Tribal or local law, effectively
                                       prohibit, through ordinance, or other
                                       regulatory mechanism, non-storm water
                                       discharges into your storm sewer system
                                       and implement appropriate enforcement
                                       procedures and actions;
                                         (C) Develop and implement a plan to
                                       detect and address non-storm water
                                       discharges, including illegal dumping,
                                       to your system; and
                                         (D) Inform public employees,
                                       businesses, and the general public of
                                       hazards associated with illegal
                                       discharges and improper disposal of
                                       waste.
                                         (iii) You need address the following
                                       categories of non-storm water discharges
                                       or flows (i.e., illicit discharges) only if
                                       you identify them as significant
                                       contributors of pollutants to your small
                                       MS4: water line flushing, landscape
                                       irrigation, diverted stream flows, rising
                                       ground waters, uncontaminated ground
                                       water infiltration (as defined at 40 CFR
                                       35.2005(20)), uncontaminated pumped
                                       ground water, discharges from potable
                                       water sources, foundation drains, air
                                       conditioning condensation, irrigation
                                       water, springs, water from crawl space
                                       pumps, footing drains, lawn watering,
                                       individual residential car washing,
                                       flows from riparian habitats and
                                       wetlands, dechlorinated swimming pool
                                       discharges, and street wash water
                                       (discharges or flows from fire fighting
                                       activities are excluded from the effective
                                       prohibition against non-storm water and
                                       need only be addressed where they are
                                       identified as significant sources of
                                       pollutants to waters of the United
                                       States).
                                         (iv) Guidance: EPA recommends that
                                       the plan to detect and address illicit
                                       discharges include the following four
                                       components: procedures for locating
                                       priority areas likely to have illicit
                                       discharges; procedures for tracing the
                                       source of an illicit discharge; procedures
                                       for removing the source of the
                                       discharge; and procedures for program
                                       evaluation and assessment. EPA
                                       recommends visually screening outfalls
                                       during dry weather and conducting field
                                       tests of selected pollutants as part of the
                                       procedures for locating priority areas.
                                       Illicit discharge education actions may
                                       include storm drain stenciling, a
                                       program to promote, publicize, and
                                       facilitate public reporting of illicit
connections or discharges, and
distribution of outreach materials.
  (4) Construction site storm water
runoff control, (i) You must develop,
implement, and enforce a program to
reduce pollutants in any storm water
runoff to your small MS4 from
construction activities that result in a
land disturbance of greater than or equal
to one acre. Reduction of storm water
discharges from construction activity
disturbing less than one acre must be
included in your program if that
construction activity is part of a larger
common plan of development or sale
that would disturb one acre or more. If
the NPDES permitting authority waives
requirements for storm water discharges
associated with small construction
activity in accordance with
§ 122.26(b)(l5)(i), you are not required
to develop, implement, and/or enforce a
program to reduce pollutant discharges
from such sites.
  (ii) Your program must include the
development and implementation of, at
a minimum:
  (A) An ordinance or other regulatory
mechanism to require erosion and
sediment controls, as well as sanctions
to ensure compliance, to the extent
allowable under State, Tribal, or local
law;
  (B) Requirements for construction site
operators to implement appropriate
erosion and sediment control best
management practices;
  (C) Requirements for construction site
operators to control waste such as
discarded building materials, concrete
truck washout, chemicals, litter, and
sanitary waste at the construction site
that may cause adverse impacts to water
quality;
  (D) Procedures for site plan review
which incorporate consideration of
potential water quality impacts;
  (E) Procedures for receipt and
consideration of information submitted
fay the public, and
  (F) Procedures for site inspection and
enforcement of control measures.
  (iii) Guidance: Examples of sanctions
to ensure compliance include non-
monetary penalties, fines, bonding
requirements and/or permit denials for
non-compliance. EPA recommends that
procedures for site plan review include
the review of individual pre-
construction site plans to ensure
consistency with local sediment and
erosion control requirements.
Procedures for site inspections and
enforcement of control measures could
include steps to identify priority sites
for inspection and enforcement based
on the nature of the construction
activity, topography, and the
characteristics of soils and receiving

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           Federal Register/Vol. 64, No. 235/Wednesday, December 8,  1999/Rules and Regulations    68845
water quality. You are encouraged to
provide appropriate educational and
training measures for construction site
operators. You may wish to require a
storm water pollution prevention plan
for construction sites within your
jurisdiction that discharge into your
system. See § 122.44(s) (NPDES
permitting authorities' option to
incorporate qualifying State, Tribal and
local erosion and sediment control
programs into NPDES permits for storm
water discharges from construction
sites). Also see § 122.35(b) (The NPDES
permitting authority may recognize that
another government entity, including
the permitting authority, may be
responsible for implementing one or
more of the minimum measures on your
behalf.)
  (5) Post-construction storm water
management in new development and
redevelopmen t.
  (i) You must develop, implement, and
enforce a program to address  storm
water runoff from new development and
redevelopment projects that disturb
greater than or equal to one acre,
including projects less than one acre
that are part of a larger common plan of
development or sale, that discharge into
your small MS4. Your program must
ensure that controls are in place that
would prevent or minimize water
quality impacts.
  (ii) You must:
  (A) Develop and implement strategies
which include a combination of
structural and/or non-structural best
management practices (BMPs)
appropriate for your community;
  (B) Use an ordinance or other
regulatory mechanism to address post-
construction runoff from new
development and redevelopment
projects to the extent allowable under
State, Tribal or local law; and
  (C) Ensure adequate long-term
operation and maintenance of BMPs.
  (iii) Guidance: If water quality
impacts are considered from the
beginning stages of a project,  new
development and potentially
redevelopment provide more
opportunities for water quality
protection. EPA recommends that the
BMPs chosen: be appropriate for the
local community; minimize water
quality impacts; and attempt to
maintain pre-development runoff
conditions. In choosing appropriate
BMPs, EPA encourages you to
participate in locally-based watershed
planning efforts which attempt to
involve a diverse group of stakeholders
including interested citizens. When
developing a program that is consistent
with this measure's intent, EPA
recommends that you adopt a planning
process that identifies the
municipality's program goals (e.g.,
minimize water quality impacts
resulting from post-construction runoff
from new development and
redevelopment), implementation
strategies (e.g., adopt a combination of
structural and/or non-structural BMPs),
operation and maintenance policies and
procedures, and enforcement
procedures. In developing your
program, you should consider assessing
existing ordinances, policies, programs
and studies that address storm water
runoff quality. In addition to assessing
these existing documents and programs,
you should provide opportunities to the
public to participate in the development
of the program. Non-structural BMPs are
preventative actions that involve
management and source controls such
as: policies and ordinances that provide
requirements and standards to direct
growth to identified areas, protect
sensitive areas such as wetlands and
riparian areas, maintain and/or increase
open space (including a dedicated
funding source for open space
acquisition), provide buffers along
sensitive water bodies, minimize ••
impervious surfaces, and minimize
disturbance of soils and vegetation;
policies or ordinances that encourage
infill development in higher density
urban areas, and areas with existing
infrastructure; education programs for
developers and the public about project
designs that minimize water quality
impacts; and measures such as
minimization of percent impervious
area after development and
minimization of directly connected
impervious areas. Structural BMPs
include: storage practices such as wet
ponds and extended-detention outlet
structures; filtration practices such as
grassed swales, sand filters and filter
strips; and infiltration practices such as
infiltration basins and infiltration
trenches. EPA recommends that you
ensure the appropriate implementation
of the structural BMPs by considering
some or alJ of the following: pre-
construction review of BMP designs;
inspections during construction to
verify BMPs are built as designed; post-
construction inspection and
maintenance of BMPs; and penalty
provisions for the noncompliance with
design, construction or operation and
maintenance. Storm water technologies
are constantly being improved, and EPA
recommends that your requirements be
responsive to these changes,
developments or improvements in
control technologies.
  (6) Pollution prevention/good
housekeeping for municipal operations.
(i) You must develop and implement an
operation and maintenance program
that includes a training component and
has the ultimate goal of preventing or
reducing pollutant runoff from
municipal operations. Using training
materials that are available from EPA,
your State, Tribe, or other organizations,
your program must include employee
training to prevent and reduce storm
water pollution from activities such as
park and open space maintenance, fleet
and building maintenance, new
construction and land disturbances, and
storm water system maintenance.
  (ii) Guidance: EPA recommends that,
at a minimum, you consider the
following in developing your program:
maintenance activities, maintenance
schedules, and long-term inspection
procedures for structural and non-
structural storm water controls to
reduce floatables and other pollutants
discharged from your separate storm
sewers; controls for reducing or
eliminating the discharge of pollutants
from streets, roads, highways, municipal
parking lots, maintenance and storage
yards, fleet or maintenance shops with
outdoor storage areas, salt/sand storage
locations and snow disposal areas
operated by you, and waste transfer
stations; procedures for properly
disposing of waste removed from the
separate storm sewers and areas listed
above (such as dredge spoil,
accumulated sediments, floatables, and
other debris); and ways to ensure that
new  flood management projects assess
the impacts on water quality and
examine existing projects for
incorporating additional  water quality
protection devices or practices.
Operation and maintenance should be
an integral component of all storm water
management programs. This measure is
intended to improve the efficiency of
these programs and require new
programs where necessary. Properly
developed and implemented operation
and maintenance programs reduce the
risk of water quality problems.
  (c) If an  existing qualifying local
program requires you to implement one
or more of the minimum control
measures of paragraph (b) of this
section, the NPDES permitting authority
may  include conditions in your NPDES
permit that direct you to follow that
qualifying program's requirements
rather than the requirements of
paragraph (b) of this section. A
qualifying local program is a local, State
or Tribal municipal storm water
management program that imposes, at a
minimum, the relevant requirements of
paragraph (b) of this section.
  (d)(l) In your permit application
(either a notice of Intent for coverage

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68846    Federal Register/Vol. 64, No. 235/Wednesday, December 8,  1999/Rules and Regulations
under a general permit or an individual
permit application), you must identify
and submit to your NPDES permitting
authority the following information:
  (i) The best management practices
(BMPs) that you or another entity will
implement for each of the storm water
minimum control measures at
paragraphs (b)(l) through (b)(6) of this
section;
  (ii) The measurable goals for each of
the BMPs including, as appropriate, the
months and years in which you will
undertake required actions, including
interim milestones and the frequency of
the action; and
  (iii) The person or persons
responsible for implementing or
coordinating your storm water
management program.
  (2) If you obtain coverage under a
general permit, you are not required to
meet any measurable goal(s) identified
in your notice of intent in order to
demonstrate compliance with the
minimum control measures in
paragraphs (b)(3) through (b)(6) of this
section unless, prior to submitting your
NOI, EPA or your State or Tribe has
provided or issued a menu of BMPs that
addresses each such minimum measure.
Even if no regulatory authority issues
the menu of BMPs, however, you still
must comply with other requirements of
the general permit, including good faith
implementation of BMPs designed to
comply with the minimum measures.
  (3) Guidance: Either EPA or your State
or Tribal permitting authority will
provide a menu of BMPs. You may
choose BMPs from the menu or select
others that satisfy the minimum control
measures.
  (e)(l) You must comply with any
more stringent effluent limitations in
your permit, including permit
requirements that modify, or are in
addition to, the minimum control
measures based on an approved total
maximum daily load (TMDL) or
equivalent analysis. The permitting
authority may include such more
stringent limitations based on a TMDL
or equivalent analysis that determines
such limitations are needed to protect
water quality.
  (2) Guidance: EPA strongly
recommends that until the evaluation of
the storm water program in§122.37,no
additional requirements beyond the
minimum control measures be imposed
on regulated small MS4s without the
agreement of the operator of the affected
small MS4, except where an approved
TMDL or equivalent analysis provides
adequate information to develop more
specific measures to protect water
quality.
  (f) You must comply with other
applicable NPDES permit requirements,
standards and conditions established in
the individual or general permit,
developed consistent with the
provisions of §§ 122.41 through 122.49,
as appropriate.
  (g) Evaluation and assessment—(1)
Evaluation. You must evaluate program
compliance, the appropriateness of your
identified best management practices,
and progress towards achieving your
identified measurable goals.
  Note to Paragraph (g)(l): The NPDES
permitting authority may determine
monitoring requirements for you in
accordance with State/Tribal monitoring
plans appropriate to your watershed.
Participation in a group monitoring program
is encouraged.

  (2) Recordkeeping. You must keep
records required by the NPDES permit
for at least 3 years. You must submit
your records to the NPDES permitting
authority only when specifically asked
to do so. You must make your records,
including a description of your storm
water management program, available to
the  public at reasonable times during
regular business hours (see  § 122.7 for
confidentiality provision). (You may
assess a reasonable charge for copying.
You may require a member  of the public
to provide advance notice.)
  (3) Reporting. Unless you are relying
on another entity to satisfy your NPDES
permit obligations under § 122.35(a],
you must submit annual reports to the
NPDES permitting authority for your
first permit term. For subsequent permit
terms, you must submit reports in year
two and four unless the NPDES
permitting authority requires more
frequent reports. Your report must
include:
  (i) The status of compliance with
permit conditions, an assessment of the
appropriateness of your identified best
management practices and progress
towards achieving your identified
measurable goals for each of the
minimum control measures;
  (ii) Results of information collected
and analyzed, including monitoring
data, if any, during the reporting period;
  (iii) A summary of the storm water
activities you plan to undertake during
the  next reporting cycle;
  (iv) A change in any identified best
management practices or measurable
goals for any of the minimum  control
measures; and
  (v) Notice that you are relying on
another governmental entity to satisfy
some of your permit obligations (if
applicable).
§ 122.35  As an operator of a regulated
small MS4, may i share the responsibility to
implement the minimum control measures
with other entities?

  (a) You may rely on another entity to
satisfy your NPDES permit obligations
to implement a minimum control
measure if:
  (1) The other entity, in fact,
implements the control measure;
  (2) The particular control measure, or
component thereof, is at least as
stringent as the corresponding NPDES
permit requirement; and
  (3) The other entity agrees to
implement the control measure on your
behalf. In the reports you must submit
under § 122.34(g)(3), you must also
specify that you rely on another entity
to satisfy some of your permit
obligations. If you are relying on another
governmental entity regulated under
section 122 to satisfy all of your permit
obligations, including your obligation to
file periodic reports required by
§ 122.34(g)(3), you must note that fact in
your NOI, but you are not required to
file the periodic reports. You remain
responsible for compliance with your
permit obligations if the other entity
fails to implement the control measure
(or component thereof). Therefore, EPA
encourages you to enter into a legally
binding agreement with that entity if
you want to minimize any uncertainty
about compliance with your permit.
  (b) In some cases, the NPDES
permitting authority may recognize,
either in your individual NPDES permit
or in an NPDES general permit, that
another governmental entity is
responsible under an NPDES permit for
implementing one or more of the
minimum control measures for your
small MS4 or that the permitting
authority itself is responsible. Where the
permitting authority does so, you  are
not required to include such minimum
control measure(s) in your storm water
management program. (For example, if a
State or Tribe is subject to an NPDES
permit  that requires it to administer a
program to control construction site
runoff at the State or Tribal level and
that program satisfies all of the
requirements of § 122.34(b)(4), you
could avoid responsibility for the
construction measure, but would be
responsible for the remaining minimum
control measures.) Your permit may be
reopened and modified to include the
requirement to implement a minimum
control measure if the entity fails to
implement it.

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Federal Register/Vol.  64,  No. 235/Wednesday, December 8, 1999/Rules and Regulations    68847
                                                                   determination that another entity was
                                                                   responsible for implementation of the
                                                                   requirement(s); and
                                                                     [ii) The other entity fails to im
                                                                   measure(s) that satisfy the
                                                                   requirement(s).
                                                                   *    *     *    *     *
                                                                     8. Revise Appendices F, G, H, and I
                                                                   to Part 122 to read as follows:

                                                                   APPENDIX  F  TO  PART  122.—INCOR-
                                                                     PORATED   PUCES   WITH  POPU-
                                                                     LATIONS  GREATER THAN  250,000
                                                                     ACCORDING TO  THE  1990 DECEN-
                                                                     NIAL  CENSUS  BY  THE BUREAU  OF
                                                                     THE CENSUS
                                                                          State
Incorporated Place
§ 122.36  As an operator of a regulated      incorporate qualifying State, Tribal, or
small MS4, what happens if I don't comply   iocai erosion and sediment control
with the application or permit requirements  program requirements by reference.
ir, §§ 122.33 through 122.35?               {^ a  4alifyi   ^ Tribal> or locaj
  NPDES permits are federally           program does not include one or more
enforceable. Violators may be subject to  of the eiernents in this paragraph (s)(l),
the enforcement actions and penalties    ^en ^e Director must include those
described in Clean Water Act sections    eiements as conditions in the permit.  A
309 (b), (c), and (g) and 505, or under     qualifying State, Tribal, or local erosion
applicable State, Tribal, or local law.      and sediment controi program is one
Compliance with a permit issued         that includes:
pursuant to section 402 of the Clean        (y Requirements for construction site
Water Act is deemed compliance, for     operators to implement appropriate
purposes of sections 309 and 505, with   erosion and sediment control best
sections 301, 302, 306, 307, and 403,      management practices;
except any standard imposed under        (ii) Requirements for construction site
section 307 for toxic pollutants           operators to control waste such as
injurious to human health. If you are      discarded building materials, concrete
covered as a co-permittee under an       ^^ Wash0ut, chemicals, litter, and      	
individual permit or under a general      sanitary waste at the construction site    Alabama	    ....  I Birmingham
permit by means of a joint Notice of      that may cause adverse impacts to water  Arizona	  Phoenix.
Intent you remain subject to the          quality                                                    Tucson
enforcement actions and penalties for    4 (hi) Requirements for construction      California	  Long Beach.
the failure to comply with the terms of   site operators to develop and implement                      Los Angeles.
the permit in your jurisdiction except as  a storm water poliution prevention plan.                      Oakland.
set forth in § 122.35(b).                  (A stom water pollution prevention                          la^Diego
§ 122.37 Will the small MS4 storm water    plan includes site descriptions,                               San Francisco.
program regulations at §§122.32 through    descriptions of appropriate control                           San Jose.
122.36 and § 123.35 of this chapter change   measures, copies of approved State,       Colorado	  Denver.
in the future?                            Tribal or local requirements,             District of Columbia
  EPA will evaluate the small MS4       maintenance procedures, inspection      Florida              Jacksonville.
regulations at §§ 122.32 through 122.36   procedures, and identification of non-                        Miami.
and §123.35 of this chapter after         storm water discharges); and             Georaia              Atlanta
December 10, 2012 and make any          (iv) Requirements to submit a site       |||jno| 	  Chicago
necessary revisions. (EPA intends to      plan for review that incorporates         Indiana'"!!!!!!!!!!!!!!!!!!!!!  Indianapolis.
conduct an enhanced research effort and  consideration of potential water quality   Kansas 	  Wichita.
compile a comprehensive evaluation  of   impacts.                               Kentucky  	  Louisville.
the NPDES MS4 storm water program.      (2) For storm  water discharges from    Louisiana	  New Orleans.
EPA will re-evaluate the regulations      construction activity identified in         Maryland  	,	  Baltimore.
based on data from the NPDES MS4      §122.26(b)(14)(x), the Director may       Massachusetts 	  Boston.
Storm water program, from research on   include permit conditions that           Minnesota	  wfrneaoolis
receiving water impacts from storm      incorporate qualifying State, Tribal, or    Minnesota	  st  Pauf
water, and the effectiveness of best       local erosion and sediment control       Missouri	  Kansas City.
management practices (BMPs), as well    program requirements by reference. A                        St. Louis.
as other relevant information sources.)    qualifying State, Tribal or local erosion   Nebraska	  Omaha.
  6. In § 122.44, redesignate paragraphs   and sediment control program is one      New Jersey  	  Newark.
(k)(2) and (k)(3) as paragraphs (k)(3) and  that includes the elements listed in       New Mexico 	  Albuquerque.
(k)(4), remove the comma at the end of   paragraph (s)(l) of this section and any   New York 	  RUffal°o
newlv redesignated paragraph (k)(3) and  additional requirements necessary to                          °ro"* B°™"^"• .
add a semicolon in its place, and add     achieve the applicable technology-based                      Manhattan Borough
new paragraphs (k)(2] and (s) to read  as   standards of "best available technology"                      Queens Borough
follows:                                and "best conventional technology"                           staten |SJand BolL
                                       based on the best professional judgment                       OUCIh
§ 122 44  Establishing limitations           of the      it ^^                     North Cafo|jna 	  Ctefote.
standards, and other permit conditions        7. Add §  122.62(a)(14) to read as        Ohio	  Cincinnati.
(applicable to State NPDES programs, see   foUow6.            .                                      Cleveland.
§123.25).                                                                                           Columbus.
*****                  §122.62 Modification or revocation and                         Toledo.
  (k) * *  *                              reissuance of permits (applicable to State    Oklahoma	  Oklahoma City.
  (2) Authorized under section 402 (p) of  programs, see §123.25).                                       Tulsa.
CWA for the control of storm water      *    *     *     *    *                  Oregon 	  Portland.
discharges;                               (a) * * *                              Pennsylvania	  Philadelphia.
******                    (14} For a small MS4, to include an                         CiittSbUh-9h'
  (s) Qualifying State, Tribal, or heal    effluent limitation requiring             Tennessee 	  Nashville/Davidson.
programs. (1) For storm water            implementation of a minimum control    Texas               Austin
discharges associated with small         measure or measures as specified in                           Dallas.
construction activity identified in        § I22.34(b) when:                                           El Paso.
§ 122.26(b)(l5), the Director may           (i) The permit does not include such                       Fort Worth.
include permit conditions that           measure(s) based upon the                                   Houston.

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68848    Federal Register/Vol. 64, No.  235/Wednesday, December  8, 1999/Rules and Regulations
APPENDIX  F TO PART 122.—INCOR-
  PORATED  PLACES   WITH   POPU-
  LATIONS  GREATER  THAN  250,000
  ACCORDING TO THE 1990  DECEN-
  NIAL CENSUS BY  THE  BUREAU  OF
  THE CENSUS—Continued
State
Virginia 	
Washington 	
Wisconsin 	

Incorporated Place
San Antonio.
Norfolk.
Virginia Beach.
Seattle.
Milwaukee

APPENDIX G TO PART 122.—INCOR-
  PORATED   PLACES   WITH   POPU-
  LATIONS  GREATER THAN  100,000
  BUT LESS  THAN  250,000 ACCORD-
  ING TO THE 1990 DECENNIAL CEN-
  SUS BY THE  BUREAU OF THE CEN-
  SUS
State
Alabama 	


Alaska 	
Arizona 	

Arkansas 	
California 	




















Colorado 	
Incorporated place
Huntsville.
Mobile.
Montgomery.
Anchorage.
Mesa.
Tempe.
Little Rock.
Anaheim.
Bakersfield.
Berkeley.
Chula Vista.
Concord.
El Monte.
Escondido.
Fremont.
Fresno.
Fullerton.
Garden Grove.
Glendale.
Hayward.
Huntington Beach.
Inglewood.
Irvine.
Modesto.
Moreno Valley.
Oceanside.
Ontario.
Orange.
Aurora.
APPENDIX G TO PART 122.—INCOR-
  PORATED   PLACES  WITH   POPU-
  LATIONS  GREATER THAN  100,000
  BUT LESS THAN 250,000 ACCORD-
  ING TO THE 1990  DECENNIAL CEN-
  SUS BY THE  BUREAU OF THE CEN-
  SUS—Continued
                   APPENDIX G  TO  PART 122.—INCOR-
                     PORATED   PLACES  WITH   POPU-
                     LATIONS  GREATER THAN  100,000
                     BUT  LESS THAN 250,000 ACCORD-
                     ING TO THE 1990  DECENNIAL CEN-
                     SUS  BY THE BUREAU OF THE CEN-
                     SUS—Continued
                                            State
                                      Connecticut
Florida
                                      Georgia
                                      Idaho .
                                      Illinois
                                      Indiana
                                      Iowa
                                      Kansas
                                      Kentucky
                                      Louisiana
                                      Massachusetts

                                      Michigan	
                                      Mississippi
                                      Missouri ....
                                      Nebraska
                                      Nevada ...
                    Incorporated place
                                                                                 State
Colorado Springs.
Lakewood.
Pueblo.
Bridgeport.
Hartford.
New Haven.
Stamford.
Waterbury.
Fort Lauderdale.
Hialeah.
Hollywood.
Orlando.
St. Petersburg.
Tallahassee.
Columbus.
Macon.
Savannah.
Boise City.
Peoria.
Rockford.
Evansville.
Fort Wayne.
Gary.
South Bend.
Cedar Rapids.
Davenport.
Des Moines.
Kansas City.
Topeka.
Lexington-Fayette.
Baton Rouge.
Shreveport.
Springfield.
Worcester.
Ann Arbor.
Flint.
Grand Rapids.
Lansing.
Livonia.
Sterling Heights.
Warren.
Jackson.
Independence.
Springfield.
Lincoln.
Las Vegas.
Reno.
                                     New Jersey


                                     New York ...
                                     North Carolina
                                     Ohio
                                                                           Oregon  	
                                                                           Pennsylvania
                                     Rhode Island ...
                                     South Carolina
                                     Tennessee  	
                                                                           Texas
                                                                           Utah	
                                                                           Virginia
                                     Washington

                                     Wisconsin ...
                                       Incorporated place
Elizabeth.
Jersey City.
Paterson.
Albany.
Rochester.
Syracuse.
Yonkers.
Durham.
Greensboro.
Raleigh.
Winston-Salem.
Akron.
Dayton.
Youngstown.
Eugene.
Allentown.
Erie.
Providence.
Columbia.
Chattanooga.
Knoxville.
Abilene.
Amarillo.
Arlington.
Beaumont.
Corpus Christi.
Garland.
Irving.
Laredo.
Lubbock.
Mesquite.
Pasadena.
Piano.
Waco.
Salt Lake City.
Alexandria.
Chesapeake.
Hampton.
Newport News.
Portsmouth. (
Richmond.
Roanoke.
Spokane.
Tacoma.
Madison.
APPENDIX H TO PART 122.—COUNTIES WITH UNINCORPORATED URBANIZED AREAS WITH A POPULATION OF 250,000 OR
                MORE ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS
State
California


Delaware
Florida
I Georgia
Hawaii 	
Maryland • • 	 	 	 « 	 	 	


County
Los Angeles 	
Sacramento 	
San Diego 	 	
New Castle 	
Dade 	
DeKatb 	
Honolulu1 	
Anne Arundel 	
Baltimore 	 	
Montgomery 	
Unincorporated ur-
banized popu-
lation
886,780
594,889
250,414
296,996
1,014,504
448,686
114,506
344,654
627,593
599,028

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	Federal Register/Vol. 64, No.  235/Wednesday, December 8, 1999/Rules and Regulations    68849

 APPENDIX H TO PART 122.—COUNTIES WITH UNINCORPORATED URBANIZED AREAS WITH A POPULATION OF 250,000 OR
          MORE ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS—Continued
State

Texas 	
Utah 	 ,'..."..:. 	
Virginia 	 7. 	
Washinaton 	
County
Prince George's 	
Harris 	
Salt Lake 	
Fairfax 	
Kinp 	
Unincorporated ur-'
banized popu-
lation
494,369
729,206
270 989
760,730
520,468
  1 County was previously listed in this appendix; however, population dropped to below 250,000 in the 1990 Census.
                      ;     '
  APPENDIX I TO PART 122.—COUNTIES WITH UNINCORPORATED URBANIZED AREAS GREATER THAN 100,000 BUT LESS
          •  THAN 250,000 ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS
;. -,- ' State
' •!".
Alabama ; • 	 . . 	
Arizona 	 . • ••' '.' 	 	
California "!- • 	 	
.._• Jv ; . I:;-
o
' ' •*
Colorado 	 	 : 	 	
Florida 	
Georgia 	 	
Kentucky 	 	
Louisiana .. 	 	 	
• .1: •• ' :b •-. -•- •. *-*•• r.v>;n -V
Maryland •-, , 	
North Carolina "...
Nevada 	 . . 	
Oregon ... 	
i'ij c: '
South Carolina ....
Virginia * . .. 	
Washington ... . 	 	 	 	

County
Jefferson 	 	
Pima 	
Alameda 	
Contra Costa 	
Kern 	
Orange 	
Riverside 	
San Bernardino 	 	
Arapahoe 	 	 	
Broward 	
Escambia 	
Hillsborough 	
Lee 	
Manatee 	 ... . 	
Orange 	 	 	 	
Palm Beach 	 	
Pasco 	
Pinellas 	
Polk 	
Sarasota 	 	
Seminole 	
Clayton .... .... 	
Cobb 	 	 	
Fulton 	
Gwinnett 	 • 	
Richmond 	
Jefferson 	 	 . 	
East Baton Rouge 	 	
Parish 	
Jefferson Parish' 	
Howard 	
Cumberland 	 	 	 . 	
Clark 	
Multnomah1 	 	
Washington 	
Greenville 	
Richland 	
Arlington 	 	 	
Chesterfield 	
Henrico 	
Prince William 	 	
Pierce 	
Snohomish 	
Unincorporated ur-
banized popu-
lation
78,608
162,202
115,082
131,082
128,503
223,081
166,509
162,202
103,248
142,329
167,463
398,593
102,337
123,828
378,61 1
360,553
148,907
255,772
121,528
172,600
127,873
133,237
322,595
127,776
237,305
126,476
239,430
102,539
331,307
157,972
146,827
327,618
52,923
116,687
147,464
130,589
170,936
174,488
201,367
157,131
258,530
157,218
  'County was previously listed in this appendix; however, population dropped to below 100,000 in the 1990 Census.
PART 123—STATE PROGRAM
REQUIREMENTS

  1, The authority citation for part 123
continues to read as follows:
  Authority: The Clean Water Act, 33 U.S.C.
1251 etseq.

  2. Amend § 123.25 by removing the
word "and" at the end of paragraph
(a)[37), by removing the period at the
end of paragraph (a)(38) and adding a
semicolon in its place, and by adding
paragraphs (a)(39) through (a)(45) to
read as follows:

§123.25  Requirements for permitting.

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68850   Federal Register/Vol.  64,  No. 235/Wednesday, December 8, 1999/Rules  and Regulations
  (39) § 122.30 (What are the objectives
of the storm water regulations for small
MS4s?);
  (40) § 122.31 (For Indian Tribes only)
(As a Tribe, what is my role under the
NPDES storm water program?);
  (41) § 122.32 (As an operator of a
small MS4, am I regulated under the
NPDES storm water program?];
  (42) § 122.33 (If I am an operator of a
regulated small MS4, how do I apply for
an NPDES permit? When do I have to
apply?);
  (43) § 122.34 (As an operator of a
regulated small MS4, what will my
NPDES MS4 storm water permit
require?);
  (44) § 122.35 (As an operator of a
regulated small MS4, may I share the
responsibility to implement the
minimum control measures with other
entities?); and
  (45) § 122.36 (As an operator of a
regulated small MS4, what happens if I
don't comply with the application or
permit requirements in §§ 122.33
through 122.35?).
*****
  3. Add § 123.35 to subpart B to read
as follows:

§ 123.35  As the NPDES Permitting
Authority for regulated small MS4s, what is
my role?
  (a) You must comply with the
requirements for all NPDES permitting
authorities under Parts 122,123,124,
and 125 of this chapter. (This section is
meant only to supplement those
requirements and discuss specific issues
related to the small MS4 storm water
program.)
  (b) You must develop a process, as
well as criteria, to designate small MS4s
other than those described in
§ 122.32(a)(l) of this chapter, as
regulated small MS4s to be covered
under the NPDES storm water discharge
control program. This process must
include the authority to designate a
small MS4 waived under paragraph (d)
of this section if circumstances change.
EPA may make designations under this
section if a State or Tribe fails to comply
with the requirements listed in this
paragraph. In making designations of
small MS4s, you must:
  (l)(i) Develop criteria to evaluate
whether a storm water discharge results
in or has the potential to result in
exceedances of water quality standards,
including impairment of designated
uses, or other significant water quality
impacts, including habitat and
biological impacts.
  (ii) Guidance: For determining other
significant water quality impacts, EPA
recommends a balanced consideration
of the following designation criteria on
a watershed or other local basis:
discharge to sensitive waters, high
growth or growth potential, high
population density, contiguity to an
urbanized area, significant contributor
of pollutants to waters of the United
States, and ineffective protection of
water quality by other programs;
  (2) Apply such criteria, at a minimum,
to any small MS4 located outside of an
urbanized area serving a jurisdiction
with a population density of at least
1,000 people per square mile and a
population of at least 10,000;
  (3) Designate any small MS4 that
meets your criteria by December 9,
2002. You may wait until December 8,
2004 to apply the designation criteria on
a watershed basis if you have developed
a comprehensive watershed plan. You
may apply these criteria to make
additional designations at any time, as
appropriate; and
  (4) Designate any small MS4 that
contributes substantially to the
pollutant loadings of a physically
interconnected municipal separate
storm sewer that is regulated by the
NPDES storm water program.
  (c) You must make a final
determination within 180 days from
receipt of a petition under § 122.26(f) of
this chapter (or analogous State or
Tribal law). If you do not do so within
that time period, EPA may make a
determination on the petition.
  (d) You must issue permits consistent
with §§ 122.32 through 122.35 of this
chapter to all regulated small MS4s. You
may waive or phase in the requirements
otherwise applicable to regulated small
MS4s, as defined in §122.32(a)(l) of this
chapter, under the following
circumstances:
  (1) You may waive permit coverage
for each small MS4s in jurisdictions
with a population under 1,000 within
the urbanized area where all of the
following criteria have been met:
  (i) Its discharges are not contributing
substantially to the pollutant loadings of
a physically interconnected regulated
MS4 (see paragraph (b)(4) of this
section); and
  (ii) If the small MS4 discharges any
pollutant(s) that have been identified as
a cause of impairment of any water body
to which it discharges, storm water
controls are not needed based on
wasteload allocations that are part of an
EPA approved or established "total
maximum daily load" (TMDL) that
address the pollutant(s) of concern.
  (2) You may waive permit coverage
for each small MS4 in jurisdictions with
a population under 10,000 where all of
the following criteria have been met:
  (i) You have evaluated all waters of
the U.S., including small streams,
tributaries, lakes, and ponds, that
receive a discharge from the MS4
eligible for such a waiver.
  (ii) For all such waters, you have
determined that storm water controls
are not needed based on wasteload
allocations that are part of an EPA
approved or established TMDL that
addresses the pollutant(s) of concern or,
if a TMDL has not been developed or
approved, an equivalent analysis that
determines sources and allocations for
the pollutant(s) of concern.
  (iii) For the purpose of paragraph
(d)(2)(ii) of this section, the pollutant(s)
of concern include biochemical oxygen
demand .(BOD), sediment or a parameter
that addresses sediment (such as total
suspended solids, turbidity or siltation),
pathogens, oil and grease, and any
pollutant that has been identified as a
cause of impairment of any water body
that will receive a discharge from.the
MS4.
  (iv) You have determined that current
and future discharges from the MS4 do
not have the potential to result in
exceedances of water quality standards,
including impairment of designated'
uses, or other significant water quality
impacts, including habitat and
biological impacts.
  (v) Guidance: To help determine other
significant water quality impacts, EPA
recommends a balanced consideration
of the following criteria on a watershed
or other local basis: discharge to
sensitive waters, high growth or growth
potential, high population or
commercial density, significant
contributor of pollutants to waters of the
United States, and ineffective protection
of water quality by other programs.
  (3) You may phase in permit coverage
for small MS4s serving jurisdictions
with a population under 10,000 on a
schedule consistent with a State
watershed permitting approach. Under
this approach, you must develop"-anoY
implement a schedule to phase in  v
permit coverage for approximately 20
percent annually of all small MS4's'trIat
qualify for such phased-in coverage,
Under this option, all regulated small
MS4s are required to have coverage
under an NPDES permit by no later than
March 8, 2007. Your schedule for
phasing in permit coverage for small
MS4s must be approved by the Regional
Administrator no later than December
10,2001.        .       •    -   ..
  (4) If you choose to phase in permit
coverage for small MS4s in jurisdictions
with a population under 10,000, in
accordance with paragraph (d)(3) of this
section, you may also provide waivers
in accordance with paragraphs (d)(l)
and (d)(2) of this section pursuant to
your approved schedule.

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           Federal Register/Vol. 64, No. 235/Wednesday, December 8,  1999/Rules and Regulations    68851
  (5) If you do not have an approved
schedule for phasing in permit coverage,
you must make a determination whether
to issue an NPDES permit or allow a
waiver in accordance with paragraph
(d)(l) or (d)(2) of this section, for each
eligible MS4 by December 9, 2002.
  (6) You must periodically review any
waivers granted in accordance with
paragraph (d)(2) of this section to
determine whether any of the
information required for granting the
waiver has changed. At a minimum, you
must conduct such a review once every
five years. In addition, you must
consider any petition to review any
waiver when the petitioner provides
evidence that the information required
for granting the waiver has substantially
changed.
  (e) You must specify a time period of
up to 5 years from the date of permit
issuance for operators of regulated small
MS4s to fully develop and implement
their storm water program.
  (i) You must include the requirements
in §§122.33 through 122.35 of this
chapter in any permit issued for
regulated small MS4s or develop permit
limits based on a permit application
submitted by a regulated small MS4.
(You may include conditions in a
regulated small MS4 NPDES permit that
direct the MS4 to follow an existing
qualifying local program's requirements,
as a way of complying with some or all
of the requirements in § 122.34{b) of this
chapter. See § 122.34(c) of this chapter.
Qualifying local, State or Tribal program
requirements must impose, at a
minimum, the relevant requirements of
§ 122.34(b) of this chapter.)
  (g) If you issue a general permit to
authorize storm water discharges from
small MS4s, you must make available a
menu of BMPs to assist regulated small
MS4s in the design and implementation
of municipal storm water management
programs to implement the minimum
measures specified in § I22.34(b) of this
chapter. EPA plans to develop a menu
of BMPs that will apply in each State or
Tribe that has not developed its own
menu. Regardless of whether a menu of
BMPs has been developed by EPA, EPA
encourages State and Tribal permitting
authorities to develop a menu of BMPs
that is appropriate for local conditions.
EPA also intends to provide guidance
on developing  BMPs and measurable
goals  and modify, update, and
supplement such guidance based on the
assessments of the NPDES MS4 storm
water program and research to be
conducted over the next thirteen years.
  (h)(l) You must incorporate any
additional measures necessary to ensure
effective implementation of your State
or Tribal storm water program for
regulated small MS4s.
  (2) Guidance: EPA recommends
consideration of the following:
  (i) You are encouraged to use a
general permit  for regulated small MS4s;
  (ii) To the extent that your State or
Tribe  administers a dedicated funding
source, you should play an active role
in providing financial assistance to
operators of regulated small MS4s;
  (iii) You should support local
programs by providing technical and
programmatic assistance, conducting
research projects, performing watershed
monitoring, and providing adequate
legal authority  at the local level;
  (iv)  You are encouraged to coordinate
and utilize the  data collected under
sevBral programs including water
quality management programs, TMDL
programs, and  water quality monitoring
programs;
  (v) Where appropriate, you may
recognize existing responsibilities
among governmental entities for the
control measures in an NPDES small
MS4 permit {see § 122.35(b) of this
chapter); and
  (vi) You are encouraged to provide a
brief (e.g., two page) reporting format to
facilitate compiling and analyzing data
from submitted reports under
§ 122.34(g)(3) of this chapter. EPA
intends to develop a model form for this
purpose.

PART 124—PROCEDURES FOR
DECISIONMAKING

  1. The authority citation for part 124
continues to read as follows:
  Authority: Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq.; Safe
Drinking Water Act, 42 U.S.C. 300(f) et seq.;
Clean Water Act, 33 U.S.C. 1251 et seq.;
Clean Air Act, 42 U.S.C. 7401 et seq.
  2. Revise § 124.52(c) to read as
follows:

§ 124.52 Permits required on a case-by-
case basis.
*****
  (c) Prior to a case-by-case
determination that an individual permit
is required for a storm water discharge
under this section (see § 122.26(a){l)(v),
(c)(l)(v), and (a)(9)(iii) of this chapter),
the Regional Administrator may require
the discharger to submit a permit
application or other information
regarding the discharge under section
308 of the CWA. In requiring such
information, the Regional Administrator
shall notify the discharger in writing
and shall send an application form with
the notice. The discharger must apply
for a permit within 180 days of notice,
unless permission for a later date is
granted by the Regional Administrator.
The question whether the initial
designation was proper will remain
open for consideration during the public
comment period under § 124.11 or
§ 124.118 and in any subsequent
hearing.
[FR Doc. 99-29181 Filed 12-7-99; 8:45 am]
BILLING CODE 6560-SO-P

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