U.S. Environmental Protection Agency
Storm Water Training Course
Participant's Manual
Sponsored by
svEPA
U.S. Environmental
Protection Agency
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
oniy 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
Q State
Participant Information
j
Municipality
Construction
Industrial
Consultant
Other
Presentation Evaluation
j
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
Overall Content/Iriformation: Presented : : ..!.;.
;:•;•• :' Poor (1)- Excellent (5) ':;:>; :?
1
2
3
4
5
Comments:
Module 2: The NPDES Industrial Storm Water Program
Please rate the following aspects of this module;
Speakers) ': . ;
Slide Presentation (i.e.,. organization and format) :..:.;.'
. Handout Materials: : ••:',".','••
Exercise 1 - Identifying Permit Requirements for
Industrial facilities
Overall Content/Information Presented
Poor(l)- Excellent (5) ;
1
2
-^
j
4
5
Comments:
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Module 3: The NPDES Construction Storm Water Program
Please rate the following aspects of this module:
Speaker(s)
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Handout Materials
Exercise 2 - Determining the R Factor for Constructions
Waiver
Exercise 3 - Construction Storm Water Permitting •-••: -i
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1
2
3
4
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Comments:
Module 4: Storm Water Pollution Prevention Plans
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Module 5: NPDES MS4 Storm Water Program
Please rate the following -aspects of this:m6dule: ;
Speaker(s)
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Exercise 4 - Determining Applicability of tbe Phase II
Program for Small MS4s
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1
2
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Comments:
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Module 6: Examples of Municipal BMPs and Measurable Goals
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1
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4
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Comments:
Module 7: Federal and State MS4s
Please rate the folloSving aspects of this module:;:;
• : Speaker , ; :
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1
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Comments:
Module 8: Interaction of the Industrial, Construction, and MS4 Storm Water Programs
Please rate the:followirig aspects of this::m6dule:i
Speaker(s): "'•
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Exercise 5 - Determining Multiple Responsibilities
Under the NPDES Storm Water Program
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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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1.
Comments:
General Comments
J
Did the training meet your needs and expectations? Yes D No
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 1 — 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
/ 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:
S 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:
%^ How to Determine if an MS4 is in an Urbanized Area
S Urbanized Area Maps
S 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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Module I
«
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
of EPA's Water Quality Programs
Module 1
vvEPA
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
Enhanced commercial, recreational and
subsistence fishing
i Enhanced opportunities for swimming,
boating and noncontact recreation
Reduced flood damage
Drinking water benefits
Navigational benefits
Reduced illness from eating contaminated
seafood & swimming in contaminated water
Enhanced aesthetic value
EPA NPDES Storm Water Program Training Course
1 -1
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Introduction to the Training and Overview
of EPA'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 Program Training 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
of EPA'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
| 35% - 50% Impervious Surface
75% - 100% impervious Surtacc
>• (NC OODI. rt NBI. Hg>. and
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 Program!raining Course
1 -4
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Introduction to the Training and Overview
of EPA's Water Quality Programs
Module 1
| ^ STREAMFIOW HATE -»
Changes in Hydrology i
Development
' Higher and |
Urgo Storm ,'\ SmsPSiorm
' X 1
/ v •.
. \! Morn Ftinott Volumo |
,. i ,
/ \ Luw*f ana L»*i ; 1
, ^— V-^P->
/^^ v ^^^ ClMoal / V
MlJW Ba»lilow>X^ . ^vRJCBMWn ^/ ^^^
TIME >•
lailgec in e1F*otn hwo>ol7^ ac a r«*un D( urtMnzaMn fSchudef. 1992).
Vfter
Prc-dovolopmont
Posl-Oeveiopmoni
—
Sources of Impairment
• From the 1998 305b report:
-11% 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 NPDES, 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
of EPA's Water Quality Programs
Module 1
NPDES Statutory Framework
I • All "point" sources
• • "Discharging
i pollutants"
i • Into "waters of
the U.S."
r
!
! Must obtain
an NPDES
;> i permit from
/ | EPA or an
1 authorized
i 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 Program Training 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 All 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
- tributaries - 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
i 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
of EPA'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
• Individual
-1 application submitted — > 1 permit issued
• 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
Individual
Permit Application
Permit and Fact Sheet
Development
Process
General
Indentify Need and
Collect Data
I Permit and Fact Sheet I
} Development j
Public Notice and
Public Comments
I Administrative Record
I Notice of Intent I
to be Covered 1
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/BCTand WQS
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 Program Training 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 1
Who Implements the Program?
Regulated Entities
i Operators of regulated entities
-MS4s
- Industrial facilities
- Construction activities
i 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
of EPA'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 Program Training 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)
BCT 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
DA 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 sea.:
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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NPDES 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 (NFS) Pollutants: Pollutants from many diffuse sources. NPS 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).
-------
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.
-------
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 for
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 population 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.
-------
40% Evapotranspiration
25% Shallow Infiltration
25% Deep
Infiltration
Natural Ground Cover
38% Evapotranspiration
10% - 20% Impervious Surface
30% Evapotranspiration
35% Evapotranspiration
35% - 50% Impervious Surface
75% -100% Impervious Surface
Changes in runoff flow resulting from increased impervious area (NC Dept. of Nat. Res. and
Community Dev.. in Livingston and McCairon, 1992.)
LJJ
DC
O
LJJ
o:
CO
Higher and
! More Rapid Peak j
I Discharge i
Large Storm
/\
Small Storm
X ^
\. More Runoff Volume i
TIME
Pre-development
Post-development
->
Changes in stream hydrology as a result of urbanization (Schueler. 1992).
-------
NPDES Storm Water Program Regulatory Overview
Congress
Authorizes creation of an NPDES Storm Water Program
under the Clean Water Act (amends the Statute).
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.
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 100,0001
Small construction activities disturbing
equal to or greater than 1 acre and less
than 5 acres (waivers available)
122.26(b)(15)
1. All such activities (except airports, uncontrolled sanitary landfills, and power plants) were previously exempted from the original Phase I application
deadline.
-------
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 1 80 days of receipt
-------
-------
Module 2
The NPDES Industrial Storm Water Program
[Slides and Handouts]
-------
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?
What are current industrial application
options?
What requirements does an industrial
permit contain?
Can a facility be exempt from permitting
requirements under this program?
Discharge of Storm Water Associated
with Industrial Activity
Definition found at 40 CFR
•f 11 categories of industrial activities
•f Related to manufacturing, processing, or
materials storage areas
•f 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
Found under Category (x)
Land Disturbance of five or more acres
• Clearing, grading or excavation
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
-f Found in Category xi
4- Identified by SIC code
+ "No Exposure"
EPA NPDES Storm Water Program Training Course
2-2
-------
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 all Categories, except construction
- Requires certification of no exposure
How Does the No Exposure
Certification Work?
•f 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
•f NPDES-authorized States will adopt
own form after updating State rules
How Do I Determine If an Industrial
Facility Needs a Storm Water Permit?
Does the facility have a storm water
discharge to Waters of the U.S. or an
MS4?
Is the industrial activity described in
the regulations?
Does the facility qualify for a
conditional exemption?
EPA NPDES Storm Water Program Training Course
2-3
-------
The NPDES Industrial Storm Water Program
Module 2
ISTEA Exempted Municipally
Operated Industrial Sources
4 Intermodal Surface Transportation Efficiency
Act of 1991
4 Delayed permitting for industrial activities
operated by municipalities with populations less
than 100,000
4 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?
4- Individual Permit
• Depends on the state in which a facility is
located
4- 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)
4 Developed using industry-specific data
from previous permit application process
4 Consolidated industry data into 29
industry sectors with tailored
requirements
4- Focuses on development and
implementation of storm water pollution
prevention plans
EPA NPDES Storm Water Program Training Course
2-4
-------
The NPDES Industrial Storm Water Program
Module 2
MSGP History
+ Issued on 9/29/95 (60 FR 50804)
•f 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
Notification requirements
Special conditions and requirements
Storm Water Pollution Prevention Plan
(SWPPP)
Numeric effluent limitations
Monitoring and reporting
- Specific requirements for industrial
activities
CUROS ]
EPA NPDES Storm Water Program Training Course
2-5
-------
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
4- Quarterly examination of discharges
• Color
• Odor
• Solids
• Foam
• Sheen
4- No analytical tests
4- Results submitted only if requested
Analytical "Benchmark" Monitoring
4 Required only for certain industry sectors/sub-
sectors
. Table 5-1 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
-------
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
-------
The NPDES Industrial Storm Water Program
Module 2
Sampling Waivers
Adverse Weather Conditions/
Inaccessibility/Climatic
• Allows substitute samples
• Mo prior approval required
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
-f Complete ESA and NHPA screening
-f Complete and submit NOI form
• Facility information and certifications
• MS4 notification
• Deadlines
+ Use a Notice of Termination (NOT) to
discontinue coverage
Endangered Species Act
and the MSGP
-f Permittees must certify on the NOI
that no impacts to endangered
species are likely or have previous
ESA authorization for adverse
effects
+ Addendum H of MSGP
• ESA certification instructions
• County-by-county list of species
EPA NPDES Storm Water Program Training Course
2-8
-------
The NPDES Industrial Storm Water Program
Module 2
National Historic Preservation Act and
the MSGP
+ 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?
+ List of guidances available in handouts
-f 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
Difficulty/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
-------
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)
•f Clarified requirements
•*• Simplified Notice of Intent Form
+ Plans for "Users Guide"
•f Accommodates electronic NOI/DMR
when (if) available
Complexity/Redundancy
Consolidated "common" and
redundant "sector" requirements
Cut permit size to 1/2
•f Cut Fact Sheet/Permit to 1/5
*• Clarified numerous requirements
A dmmistration
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
-------
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, offsite-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
-------
Reissuing the Multi-Sector General Permit
Module 2b
Areas most likely to change
TMDL/303(d) eligibility details
Monitoring
«• ESA & NHPA eligibility & instructions
•f 401 certification conditions
Timeline
Proposed - March 30, 2000
* Comment period - 60 days (May 30th)
* Finalize - September 2000
RESOURCES
www.epa.gov/owm/sw/industry/msgp/
(look for link to MSGP2000)
www.epa.gov/region6/sw/
EPA NPDES Storm Water Program Training Course
2b-4
-------
THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-92) Form Approved. OMB NO-ZMCMJOSS
See Reverse for Instructions Approval expires M1'98
NPDES ^™ CTES/V
FORM \
United States Environmental Protection Agency
Washington, DC 20460
Notice of Intent (NOI) for Storm Water Discharges Associated with Industrial
Activity Under a NPDES Permit
^•imission 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
•Prm water discharges associated with industrial activity in the State identified in Section III of this form. Becoming a permittee obligates such discharger to
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 f^H Baseline ["H Multi-Sector [*"!
Industrial | f Construction | f (Group Permit) | p
II. Facility Operator Information
Name: I i i i i i i
Address: I i i i i i i
City: i | iii
III. Facility/Site Location Information
Name: i | | i i i i i i i i
Address: I i i i i i i i i i i i
City: i i i i i i i i i i i
Latitude: i 1 i 1 i 1 Lonqitude: 1 i
IV. Site Activity Information
MS4 Operator Name: 1 i i i i i i i
Receivina Water Bodv: 1 i i i i i i i
k«>u are filing as a co-permittee,
nter storm water general permit number: |_
SIC or Designated
Activity Code: Primary: 1 i i i 1
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 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 1 i |Quarter:|
i i i i i i i i i
i i i i i i i i i
, , , , , , , , 1
2nd:l i i i 1
Is the facility required to submit monitoring data? (1 , 2, 3, or 4) 1
If You Have Another Existing NPDES . 1
Permit Enter Permit Number 1 J..,. 1. i i ' ' ' ' '
V. Additional Information Required for Construction Activities Only
Project Start Date: Completion Date: _ .. ... . .
1 11,,, Estimated Area to be
1 i 1 i 1 i 1 1 i 1 i 1 i 1 Disturbed (in Acres): 1
i i i i i i i i 1 Phone: L
i i i i i i i i i i i 1
i 1 State: 1 i 1 ZIP Code: |
i i i i i i i i i 1
i i i i i i i i i i i 1
, , | State: 1 , 1 ZIP Code: 1
i ISection:| i I Township:! i
, , , , , , , J
, , 1 , , 1 , , , 1
Status of [^H
Owner/Operator: [ f
,.,,,-,,,, 1
Is the facility located on f^^
Indian Lands? (Y or N) | |
i i i i i ~i i i i 1
i i 1 Ranae:! i i i 1
, , 1
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 1
control those storm water discharges? (Y or N) 1 *
Will construction (land disturbing activities) be conducted f^|
for storm water controls? (Y or N) 1 P
Is applicant subject to and in compliance with a written f^^
historic preservation agreement? (Y or N) | |
Is the Storm Wate
• in compliance wit
I I I I I 1 sprfimpnt anri err
r Pollution Prevention Plan _^_
h State and/or Local 1 1
sion plans? (YorN) 1 P
VI. Certification: The certification statement in Box 1 applies to aj] applicants.
The certification statement in Box 2 applies only to facilities applying for the Multi-Sector storm water general permit.
80X1 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
•^pmitting false information, including the
^Rsibility of fine and imprisonment for knowing
•Rations.
Print Name: I { i i i
Signature-
BOX 2
MULTI-SECTOF
1 certify under penalty of la
for coverage under the Mu
relating to the protection o
To the best of my knowled
BMPs to control storm wa
species identified in Addenc
eligible for coverage due
To the best of my knowled
to control storm water run-
on the National Register of
otherwise eligible for cov
Preservation Act.
1 understand that continuec
maintaining eligibility as pr
i i i i i i i i i
•
t STORM WATER GENERAL PERK
w that 1 have read and understand 1
ti-Sector storm water general permi
f species identified in Addendum H.
ge, the discharges covered under t
ier run-off, are not likely to and will
lum H of the Multi-Sector storm water
to previous authorization under t
ge, 1 further certify that such dischar
•off, do not have an effect on prope
Historic Places under the National h
erage due to a previous agreeme
i coverage under the Multi-Sector ge
ovided for in Part I.B.
. , 1
HIT APPLICANTS ONLY:
3art I.B. eligibility requirements
t, including those requirements
his permit, and construction of
not likely adversely affect any
general permit or are otherwise
he Endangered Species Act.
ges, and construction of BMPs
rties listed or eligible for listing
•Historic Preservation Act, or are
it under the National Historic
neral permit is contingent upon
Date: 1 i 1 i 1 i 1
EPA Form 3510-6 (8-98)
-------
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 of 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 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 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 = Not subject to monitoring requirements under the conditions of the permit.
2 = Subject to monitoring requirements and required to submit data.
3 = Subject to monitoring requirements but not 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 classifl
(SIC) codes that best describe the principal products or services provided at the n^mn
or site identified in Section III of this application. If you are applying for coverage under
the construction general permit, enter "CO" (which represents SIC codes 1500-1799).
For industrial activities defined in 40 CFR 122.26(b)(14)(i)-(xi) that do not have SIC codes
that accurately describe the principal products produced or services provided, use the
following 2-character codes.
HZ = Hazardous waste treatment, storage, or disposal facilities, including those that
are operating under interim status or a permit under subtitle C of RCRA [40 CFR
122.26(b)(14)(iv)];
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)];
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)]; or
CO = Construction activities [40 CFR 122.26(b)(14)(x)].
If there is another NPDES permit presently issued for the facility or site listed in Section
III, enter the permit number. If an application for the facility has been submitted but no
permit number has been assigned, 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 develop
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 $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 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
20503.
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THIS FORM REPLACES PREVIOUS FORM 3510-7 (8-92) Form Approved. OMB NO. »M»«OM
Pl««se See Instruction* Before Completing This Form **«">•' »«pi«
NPDES
FORM
SEPA
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
"Submission 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 ,
General Permit Number: I—i—J-—-i—i—i—i—i
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: * >.
; • ! phone: I » i
i I i i i i
Address: L.
III. Facility/Site Location Information
Name:
Address: I—'-
! I I I I I I I I I I I
i i i i i i i
i i i i
state:
ZIP Code: I—i
Latitude:
i i
I Quarter
i Section: I I I Township: I — i
Range: I I I I 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: l~J—
Date:
Signature:
Instructions for Completing Notice of Termination (NOT) Form
Who May File a Notice of 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) 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 at 40 CFR 122.26(b)(14), or when they are no longer
the operator of the facilities.
For construction activities, elimination of all storm water discharges associated
•with industrial activity occurs when disturbed soils at the construction site have
been finally stablfized and temporary erosion and sediment control measures
i have been removed or win be removed at an appropriate time, or that all storm
water discharges associated with industrial activity from the construction site that
are authorized by a NPDES general permit have otherwise been eliminated. Final
stabiEzation means that all 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 geotextiles) have been employed.
Where to File 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.
FPA Fnrm 3S10-7 (8-981
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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 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. If 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.
o 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: (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 M.
Street, SW, Washington, DC 20460, or Director, Office of Information J
Regulatory Affairs, Office of Management and Budget, Washington, DC 2050B
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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
* 1 9 9 2 *
THE YEAR OF
CLEAN 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
(Bis/IPs). 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
Pagq
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
s
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 Ran 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 pollutants "to 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 Genera/ 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
(1) 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. All 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
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PLANNING AND ORGANIZATION
• Form Pollution Prevention Team
• Review other plans
PLAN r cVIEW AND REVISION
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
f
BMP IDENTIFICATION PHASE I
• Baseline BMPs 1
• Select activity- and site-specific I
BMPs I
IMPLEMENTATION PHASE I
• Implement BMPs •
• Train employees •
T *
EVALUATION/MONITORING |
• Conduct annual site inspectJorvBMP evaluation •
• Conduct recordkeeping and reporting I
• 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 . ?*ff* 3
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Discharge Elimination System Toxic Organic Management Plan (40 CFR Parts 413, 433, and 469), and the,
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
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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 spills and leaks, (D) identify non-storm
water discharges and illicit connections, (E) 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 released with
' storm water discharges f4O CFR 122.26(b)(12}].
October 1992 Pago 5
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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 CERCLA 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 Page 6
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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, onsite 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, (B) preventive maintenance, (C) visual
inspections, (D> spill prevention and response, (E) sediment and erosion prevention, (F) traditional storm
water management practices, (G) other BMPs as appropriate, (H) employee training, and
(I) recordkeeping and reporting. A number of these BMPs are discussed below.
(A) Good Housekeeping
Good housekeeping practices are designed to maintain a clean and orderly work environment. Often the
most effective first step towards preventing pollution in storm water from industrial sites involves merely
using good common sense to improve the facility's basic housekeeping methods. The following are some
simple procedures that a facility can consider incorporating into an effective good housekeeping program:
• Improve operation and maintenance of industrial machinery and processes.
• Implement careful material storage practices.
• Maintain up-to-date material inventory.
- Identify all chemical substances present in the workplace.
- Label all containers showing name and type of substance, stock number, etc.
• Schedule routine cleanup operations.
• Maintain well-organized work areas.
• Train employees about good housekeeping practices.
(B) Preventive Maintenance
Each permittee must develop a preventive maintenance program that involves inspections and maintenance
of storm water management devices and routine inspections of facility operations to detect faulty
equipment. Equipment (such as tanks, containers, a?.d drums) should be checked regularly for signs of
deterioration.
October 1992 Pfff* 8
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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
- a .-•
• 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 all 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.
(D) Spill Prevention and Response
Areas where spills are likely to occur and their drainage points must be clearly identified in the storm water
pollution prevention plan. You should ensure that employees are aware of response procedures, including
material handling and storage requirements. Also ensure that there is access to appropriate spill cleanup
equipment.
SPILL PREVENTION PLAN CONSIDERATIONS:
• Install leak detection devices.
• Adopt good housekeeping practices.
• Perform regular visual inspections to identify areas for potential leaks or spills.
• Recycle, reduce, and reuse process materials to minimize waste onsite.
October 1992 P»9«
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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 Page 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, FACILITY 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*ff»
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EVALUATION PHASE
Now that your Storm Water Pollution Prevention Plan hasjaeen 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 (C) 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 least 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.
• 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 least 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»g9 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, (B) required signatures,; (C) requirements for plan location and
access, and (0) Director-required plan modifications.
(A) Deadlines for Plan Development and Implementation
Schedule for Plan Development and Implementation
Part IV.A.
Type of Facility
Facilities discharging storm water
associated with industrial activity
on or before October 1 , 1 992
Facilities beginning to discharge
storm water after October 1 ,
1 992, but on or before
December 31, 1992
Facilities beginning to discharge
storm water associated with
industrial activity on or after
January 1, 1993
Oil and gas exploration,
production, processing, or
treatment operations discharging
a reportable quantity release in
storm water after October 1 ,
1992
Industrial facilities rejected or
denied from the group application
process
Deadline for Plan
Development
April 1 , 1 993
60 days after
commencement of discharge
48 hours prior to
commencement of discharge
(upon submittal of NOD
60 days after release
365 days after date of
rejection or denial
Deadline for Plan
Implementation
October 1 , 1 993
60 days after
commencement of discharge
48 hours prior to
commencement of discharge
(upon submittal of NOD
60 days after release
545 days after date of
rejection or denial
Note: The Director may grant a written extension for plan preparation and compliance for new
dischargers (after October 1 , 1 992) upon showing of good cause.
(B) 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. ,. • •.
(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.
(D) 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 all areas, and/or equip the plant with a drainage system to return spilled material to the facility).
s
• 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 1992 . P»ffO 15
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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 69) 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, Rorida, 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), Rorida (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.
A September 25, 1992. Federal Register (57 FR 44438) - Rnal 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 Pag* 16
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1 POLLUTION PREVENTION TEAM
-
MEMBER ROSTER
Leader:
Responsibilities:
Worksheet #1
Completed by:
Title:
Date:
Title: Jr
Office Phone:
Members:
(1)
Responsibilities:
Title:
Office Phone:
(2)
Responsibilities:
(3)
Responsibilities:
(4)
Responsibilities:
Title:
Office Phone:
Title:
Office Phone:
Title:
Office Phone:
-------
DEVELOPING A SITE MAP
Date:
Worksheet #2
Completed by:
Instructions: • Draw a map of your site including a footprint of all buildings, structures, paved areas, and
parking tots. 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: )
-------
MATERIAL INVENTORY
*
Worksheet #3
Completed by:
Title:
Date:
Instructions: List all materials used, stored, or produced onsite. Assess and evaluate these materials for their potential to contribute pollutants to
storm water runoff. Also complete Worksheet 3A if the material has been exposed during the last 3 years.
Material
PurpOM/Locillon
!
\
Quantity
(unlul
Und
Ptoductd
• loud
,
Quantity Expoied in Laef
3 Year*
Likelihood ol contact with dorm water. If
yei, describe reason.
V
Pact Significant
Spill or Leak
Ye.
•;:,
No
..
-------
DESCRIPTION OF EXPOSED SIGNIFICANT MATERIAL
Worksheet #3A
Completed by:
Title:
Date:
Instructions: Based on your material inventory, describe the significant materials that were exposed to storm water during the past three years
and/or are currently exposed. For the definition of "significant materials" see page 5 of this summary.
Description of Expoaed
Significant Malarial
Period of
Expoiure
Quantity
Expoted
(unite)
Location
|a« Indicated on the cite
map)
Method ol Storage or
Oitpotal (e.g., pile, drum,
tank)
Description of Material Management Practice (e.g., pita
covered, drum iealed|
-------
LIST OF SIGNIFICANT SPILLS AND LEAKS
Worksheet #<
Completed b\
Title:
*
r*:
Date:
Directions: Record below all significant spills and significant leaks of toxic or hazardous pollutants that have occurred at the facility in the three
years prior to the effective date of the permit.
Definitions: Significant spills include, but are not limited to. releases of oil or hazardous substances in excess of reportable quantities.
1st Year Prior
Date
(monlh/dav/yearl
2nd Y«.r Prior
DtU
Imonthfdiy/yaar)
3rd Y«ef Prior
Oat*
(monlh/day/yaerl
Spill
Leak
Spill
Spill
(
Leak
Leak
Location
(ti Indicated on alt*
map)
Description
Type ol Malarial
i Quantity
Source, It Known
Roacon
Response Procedure
Amount ol
Matarlil
Racovarad
Malarial No
longar Expoied
lo Storm Water
(Trua/Falia)
Preventive
Measures
Taken
Location
|aa Indicated on iha
map)
.:•...•. •• •• . . .-...,. /..-.:. >;.
Location
|«* Indicated on ah*
map) .
Description
Typt ol Material
Quantity
' urea. II Known
•• • •••.•;• ?.!.<.:•: v?:v::J:'" •••••'' : ' .':.••'
Ration
Description
Type ol Malarial
Quantity
Source, II Known
Ration
Response Procedure
Amount ol
Malarial
Racovarad
Malarial No
longer Expoiad
to Storm Witar
(Trua/Falaa)
Response Procedure
Amount ol
Malarial
Racovarad
Malarial No
Longar Expoiad
to Storm Watar
ITrua/Falia)
Preventive
Measures
Taken
Preventive
Measures
Taken
-------
NON-STORM WATER DISCHARGE
ASSESSMENT AND CERTIFICATION
Date of
Test or
Evaluation
Outfall Directly
Observed During the
Test (identify at indicated on
tha »ile map)
i • .
Method Used to
Test or Evaluate
Discharge
.•
Worksheet #5
Completed by:
Title:
Date:
Describe Results from Test for
the Presence of Non-Storm
Water Discharge
/
CERTIFICATION
Identify Potential
Significant Sources
•
Name of Person Who
Conducted the Test or
Evaluation
'y
•;'
1, . (responsible corporate official), 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. 1 am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
A. Name & Official Title (type or print)
C. Signature
B. Area Code and Telephone No.
D. Date Signed
-------
NON-STORM WATER DISCHARGE ASSESSMENT AND
FAILURE TO CERTIFY NOTIFICATION
Worksheet #6
Completed by:
Title:
Date:
Directions: If you cannot feasibly test or evaluate an outfall, fill in the table below with the appropriate information and sign this form to certify the
accuracy of the included information.
List all outfalls not tested or evaluated, describe any potential sources of non-storm water pollution from listed outfalls, and state the reason(s) why
certification is not possible. Use the key from your site map to identify each outfall.
Important Notice: A copy of this notification must be signed and submitted to the Director within 180 days of the effective date of this permit.
Identify Outfall Not Description of Why Certification
Tested/Evaluated Is Infeasible
/
• ._
Description of Potential Sources of Non-
Storm Water Pollution
CERTIFICATION
I certify under penalty of law that this document and all attachments were prepared under
.designed to ensure that qualified personnel properly gather and evaluate the information si
who manage the system or those persons directly responsible for gathering the informatior
knowledge and belief, true, accurate, and complete. I am aware that there are significant
possibility of fine and imprisonment for knowing violations, and that such notification has I
(date permit was issued), the effective date of this permit.
A. Name & Official Title (type or print)
C. Signature
my direction or supervision in accordance- with a system
ibmitted. Based on my inquiry of the person or persons
i, the information submitted is, to the best of my
penalties for submitting false information, including the
seen made to the Director within 1 80 days of
B. Area Code and Telephone No.
D. Date Signed
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Exercise I
Identifying Permit Requirements for Industrial
Facilities
-------
Exercise 1: Identifying Permit Requirements for Industrial Facilities
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?")
«®" If yes, under what category?
*& Is the facility covered under ISTEA?
«s? Is the facility owned and operated by a municipality with a population of less than
100,000?
"®" 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?
-------
CALLER TWO
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?
| CALLERFOUR
Hello. I 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?
-------
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
122.26(b)(14)(i)-{xi), determined which industrial facilities
;e potentially subject to Phase I of the storm water
igram. If you are subject to the program you need to
ipply 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 Dairy 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
Rl Nonferrous metal manufacturing
2 Phosphate manufacturing
3 Steam electric power
424 Ferroallay manufacturing
425 Leather taming and finishing
426 Glass manufacturing *
427 Asbestos manufacturing
428 Rubber manufacturing
429 Timber products processing
430 Pulp, paper, and paperboard
431 Builder's paper and board mills
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
471 Nonferrous metal forming & powders some facilities in
group do not have limits or standards, see 40 CFR
subchapter N to verify.
Category (ii)
Facilities classified by the following SIC codes:
SIC Code
mi lumber and wood products (except 2434 wood kitchen
Hbinets, see (xi))
^6 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
311 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 (iii) 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 (1) 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 State
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 that
has come into contact with I 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 actively mined, but which have an identifiable
owner/operator; inactive mining sites do not include sites
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 coalmining
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 that 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(c)(l)(iii), but that after October 1,1992
have a discharge of a reportable 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, storage, 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 deicing operations Only
those portions of the facility that are either involved in
vehicle maintenance (including vehicle rehabilitation,
mechanical repairs, painting, fueling, and lubrication),
equipment cleaning operations, airport deicing operations,
or which are otherwise identified under categories OMV")
or (ix)-(xi) 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 wastewater 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 sale.
[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 ("i) 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 are exposed to storm water. 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.
-------
Industrial Facilities Storm Water Program Permitting Decision Tree
Step 1
Does the facility
discharge storm water
^runoff to an MS4 or waters^
of the U.S.?
Yes
No
Facility does not need an NPDES
storm water discharge permit.
Step 2
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?
Yes
Step 4
)oes the facility have
Yes ^ 'exposure" of industrial materials,"
material handling operations, and
industrial processes to
storm water?3
No
An NPDES storm water
discharge permit will be
required 3 years and 90
days after publication of
the final Phase II rule.2
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.
1. See40CFR122.26(b)(14).
2. See 122.26(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.
-------
NPDES
FORM
SEPA
United States Environmental Protection Agency
Washington, DC 20460
NO EXPOSURE CERTIFICATION for Exclusion from
NPDES Storm Water Permitting
Form Approved
OMB No. 2040-0211
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
avaHable 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 j i i : i I I I I I
I I I
I ! ' 2. Phone:
3. Mailing Address: a. Street:
b- citV: ! I I I I I I I I I I I !
J I
c. State:
d. Zip Code:
B. Facility/Site Location Information
1. Facility Name: I I I I I I I
2. a. Street Address: i I I I I I
b. City: I I I I I I I i I
I I I
c. County:
d. State: I | | e. Zip Code: | [_
3. Is the facility located on Indian Lands? Yes |
4. Is this a Federal facility? Yes j
5. a. Latitude: III" ! I I ' I !
No |_|
No Q]
b. Longitude:
6. a. Was the facility or site previously covered under an NPDES storm water permit?
b. If yes, enter NPDES permit number:
Yes
7. SIC/Activity Codes: Primary: I I |
Secondary (if applicable):
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
No
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
One to five acres | |
More than five acres
EPA Form 3510-11 (10-99)
Page 1 of 4
-------
NPDES
FORM
3510-11
NO EXPOSURE CERTIFICATION for Exclusion from
NPDES Storm Water Permitting
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.
Yes No
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 \^] [H
3. Materials or products from past industrial activity j~[ [^j
4. Material handling equipment (except adequately maintained vehicles) ^^ ^^
5. Materials or products during loading/unloading or transporting activities [^ ^j
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 £^ ^7
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]) \^\ Q
10. Application or disposal of process wastewater (unless otherwise permitted) Q Q
11-. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated I I
I i
(i.e., under an air quality control permit) and evident in the storm water outflow
0. 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 122.26(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 i I I : ; I I I I I I
Print Title: 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
Signature:
Date: I I I I I I I
EPA Form 3510-11 (10-99) Page 2 of 4
-------
NPDES
FORM
3510-11
&EPA
Instructions for the NO EXPOSURE CERTIFICATION for
Exclusion from NPDES Storm Water Permitting
Form Approved
OMB No. 2040-0211
/ho 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
-------
NPDES
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 at your site and you cannot
certify to a condition of no exposure. You must obtain (or already have)
coverage under an NPDES 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 0. 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 delegatt_
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. 2046f>
Include the OMB control number of this form on any correspondence.
not send the completed No Exposure Certification form to this addre-
EPA Form 3510-11 (10-99)
Page 4 of 4
-------
17046
Federal Register/Vol. 65, No. 62/Thursday, March 30, 2000/Notices
Permit No.
JAR05*###
MWR05*###
NIR05*###
NVR05*##I
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*##I
IDR05*###
IDR05*##I ... .
ORR05*##I
WAR05*##I
WAR05*##F
Areas of Coverage/Where EPA is Permitting Authority
The State of Alaska, except Indian Country lands.
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 code1
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
2841-2844
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.
-------
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 that Make Fertilizer Solely from Leather Scraps and Leather Dust
2891-2899 Miscellaneous Chemical Products.
3952 (limited to list) Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum
Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist's Paints and
Artist's Watercolors.
Sector D: 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 Smelling 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)
——• 1
1011 I Iran Ores.
1021 | Copper Ores.
1031 I 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 i Coal Mines and Coal Mining-Related Facilities.
Sector I: Oil and Gas Extraction
1311 ! Crude Petroleum and Natural Gas.
1321 j 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.
1474^-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.
1 ___—_—_—. .I, ———
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 I Automobile Salvage Yards.
Sector N: Scrap Recycling Facilities
5093 ..' Scrap Recycling Facilities.
Sector O: Steam Electric Generating Facilities
SE Steam Electric Generating Facilities.
Sector P: Land Transportation and Warehousing
4011, 4013 Railroad Transportation.
4111-4173 Local and Highway Passenger Transportation.
4212-4231 Motor Freight Transportation and Warehousing.
4311 United States Postal Service.
5171 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
1
TW | 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 i Wood Kitchen Cabinets
2511-2599 i Furniture and Fixtures.
Sector X: Printing and Publishing
2711-2796 Printing, Publishing, and Allied Industries.
Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
1 •— ——
3011 i 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 j Miscellaneous Plastics Products.
3931 I Musical Instruments.
3942-3949 i 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 code 1
Activity represented
3951-3955 (except 3952 facilities as specified in Sector Pens, Pencils, and Other Artists' Materials.
C).
3961,3965 Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except
Precious Metal.
3991-3999 Miscellaneous Manufacturing Industries.
Sector Z: Leather Tanning and Finishing
3111 I Leather Tanning and Finishing.
Sector AA: Fabricated Metal Products
3411-3499 Fabricated Metal Products, Except Machinery and Transportation Equipment.
3911-3915 Jewelry, Silverware, and Plated Ware.
Sector AB: Transportation Equipment, Industrial or Commercial Machinery
: !
3511-3599 (except 3571-3579) j Industrial and Commercial Machinery (except Computer and Office Equipment) (see
Sector AC).
3711-3799 (except 3731, 3732) Transportation Equipment (except Ship and Boat Building and Repairing) (see Sector
[ R).
Sector AC: Electronic, Electrical, Photographic, And Optical Goods
3571-3579 ! Computer and Office Equipment.
3612-3699 Electronic, Electrical Equipment and Components, except Computer Equipment.
3812 Measuring, Analyzing and Controlling Instrument; Photographic and Optical Goods.
Sector AD: Non-Classified Facilities
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
i activity not described by any of Sectors A-AC. NOTE: Facilities may not elect to be
j covered under Sector AD. Only the Director may assign a facility to Sector AD.
1A 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 General 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 comply 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 activity. 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)((i)-(ix) and
(xi)) from the sectors of industry described in
Table 1-1, 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
authorization by an NPDES permit
commingled with discharges authorized by
this permit.
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-------
Module 3
The NPDES Construction Storm Water Program
[Slides and Handouts]
-------
The 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?
VVhat 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
-------
The NPDES Construction Storm Water Program
Module 3
Erosion Process
History' of the Construction
Storm Water Program
Large Construction Requirements
- Component of storm water "discharge
associated with industrial activity'"
JFWPCA 402(p)(2)|
Small Construction Requirements
- Rcspon.se to Ninth Circuit Court decision
- Component of "other" storm water
discharges, "to be regulated to protect
water quality" (FVVPCA 402(p)(6)|
Key Terms in the NPDES Construction
Storm Water Program
Land disturbance
- Clearing
- Grading
— 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
J
1
1
I
!
!
i
j
Installing roads - need permit, 3 acres is part of
10 acre common plan
Building on 2 lots - need permit, I acre is part of
10 acre common plan
EPA NPDES Storm Water Program Training Course
3-3
-------
The NPDES Construction Storm Water Program
Module 3
No "stabilized" gap in time, 4 acres left - need
permit .since still part or common plan
HEu up lie
Gap in time with "stabilization" - need permit
since have 5 acres left that could be built on from
common plan
Gap in time with "stabilization" - don't need
Phase I permit since have <5 acres left, treat like
"new" common plan
Wa
EPA NPDES Storm Water Program Training Course
3-4
-------
The NPDES Construction Storm Water Program
Module 3
Adding pool to existing house, treat as new plan
of development.
mt ws
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
-------
The NPDES Construction Storm Water Program
Module 3
What Do the Small
Construction Requirements Cover?
Requires permit coverage for:
— Construction activity disturbing > 1 acre and
< 5 acres
- Construction activity below I acre that is part
of n 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 bv December 10, 2002
Large Construction (Phase I)
Permitting
Construction General Permit (CGP)
- Reissued on Feb. 17, 1998 |f>3 FR 7858-8014)
Regional CGPs
- Region 4: 4/28/00 (65 FR 251211
- Region 6: 7/6/98 |63 FR 36489|
Some discharges not covered
No waivers available
State-specific requirements
EPA NPDES Storm Water Program Training Course
3-6
-------
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
-------
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
- Maintain report in SWPPP
- Modify SWPPP
Maintenance
- l!MPs 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
Kffiucnt guidelines could apply to construction
activities associated with new development
and redevelopment
Based on performance/costs of control and
treatment technologies
http:/Avww.epa.gov/OST/guide/construction/
EPA NPDES Storm Water Program Training Course
3-8
-------
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 EPA's Water Resources Center
• 202.260.77X6 (phone)
• 20:.260.0386 (fax)
• center. watcr-rcsourcesSiSepa.gov
- Download a copy at www.cpa.gov/owm/sw
— 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 Elected Official
When and Where
Do I Submit the NOI?
• Check with your State PA
• If EPA is your PA:
- Send the completed form at least 48 hrs
before construction begins
- Storm Water NOI. USKI'A (4203),
1200 Pennsylvania Ave. N.W.
Washington, D.C. 20460
- The form is then forwarded to KPA'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:
- EPA's NO I Processing Center
301.495.4145
When and Where
Do I Submit the NOT?
Check with your State PA
If EPA is your PA:
— Send the completed form to:
U.S. EPA, Washington, DC
~ The address is included on the form
-The form is then forwarded to EPA's
NOI Processing 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 SVVPPP
- Submit a site plan for review
Qualifying State, Tribal and
Local Programs (com.)
For large construction, must have:
- Same elements as small construction; and
-Any additional requirement!) to achieve
BAT and BCT
Only certain NPDES-permitted MS4
construction programs will qualify
Reduces confusion between duplicative
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 TIV1DL 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 time period
Creates an incentive for operators to
build during 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 does 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-regulated MS4 Construction Programs
- Administered by the MS4 operator
- Requirements vary between MS4s
EPA NPDES Storm Water Program Training Course
3-13
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THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-98)
See Reverse for Instructions
Form Approved. OMB No. 2040-01 88
I ^^ ^^> V^t JL United States Environmental Protection Agency
•fcPDES ^" ^™^Jw\ Washington, DC 20460
•ORM t^W ^~^iP"^ Notice of Intent (NOI) for Storm Water Discharges Associated with
" ~^ ••"• * * CONSTRUCTION ACTIVITY Under a NPDES General Permit
Submission of this Notice of Intent constitutes notice that the party identified in Section 1 of this form 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 1 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.
1. Owner/Operator (Applicant) Information
Namp- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Address- I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
City- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
II. Project/Site Information
ProjPrtName- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Projert Address/Location- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
City- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
I I I I I I Phone- I I I I I I III
Status of
I I I I I I I I I Ownpr/Operator:
State- I I I 7ipHodP- I I I I I- I III
Is the facility located on Indian
Country Lands?
i i i i i i i i i Yes n NO n
I I I I I I I I I I I I I I
StatP- I I I 7inCode! I I I I l-l III
LatitudP- 1 1 1 1 1 1 1 longitude- 1 1 1 1 1 1 1 1 County- I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 III
Has the Storm Water Pollution Prevention Plan (SWPPP) been prepared? Yes Q No | |
Optional: Address of location of
SWPPP for viewing Q Address in Section 1 above Q Address in Section II above Q Other address (if known) below:
SWPPP Phone:
Addrpss- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I ! I I I I I I III
City- 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1
Nlamp of Rpcpiving WatPr- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Month Day Year Month Day Year
Estimated Construction Start Date Estimated Completion Date
Fetimatp nf area to hp rlisturhprl (to nearest acre): I I I I I 1 1
Estimate of Likelihood of Discharge (choose only one):
1 . Q Unlikely 3. Q Once per week 5. Q Continual
2. Q Once per month 4. Q Once per day
State- | I I Zip Code- I I I I I - 1 III
I I I I I I I
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 n . No C]
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):
0) n (f) n (°) n w n
III. Certification
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 property 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 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 I I I I I I I I I I I I I I Date- I I I I I I !
Sianature:
EPA Form 3510-9 replaced 3510-6 (8-98)
-------
x>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. Operator(s)
of construction sites where 5 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
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,^or
designated critical habitat in the project area. ""
Indicate which Part of the permit that the applicant is eligible with
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, includirj
any suggestions which may increase or reduce this burden to: Direq
OPPE Regulatory Information Division (2137), U.S. Environmental Prote
Agency, 401 M Street, SW, Washington, D.C. 20460. Include the Of,
control number on any correspondence. Do not send the completed form
to this address.
-------
THIS FORM REPLACES PREVIOUS FORM 3510-7 (8-92) Form Approved. OMB no. ZOKMXIW
Pl»«»e See instructions Before Completing Thto Form Appn»wi«»pi»«
NPDES
FORM
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
Submission 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 Check Here if You are No Longer
General Permit Number: '—i—i—J—>—1—'—>—'—' the Operator of the Facility:
Check Here if the Storm Water
Discharge Is Being Terminated:
II. Facility Operator Information
Name: ' > * i i ! ' ' ' ' ' ' ' ' ' ' ' ' ! ' ! ! ' ; * * * ! ; ' • Phone: I i i I i i I i i i
Address: L_i_j_i_
I ! I I
City:
J_-L_i State:
ZIP Code: I i—J L~I i i t L_J !
III. Facility/Site Location Information
Name:
Address:
I ! 1 J J
1 1 i {
Latitude: I I I I I I I Lnnrjitijria-l i i I i I i I Quarter: I I I
State:
Section:
ZIP Code: i
Township:
Range: I i i 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 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: I—i_i—J—i—i—'•—i—:—i—i—'-
j j •_ j JM j j__
Date:
Signature:
Instructions for Completing Notice of Termination (NOT) Form
Who Hoy File a Notice of 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 their facilities no longer
have any storm water discharges associated with industrial activity as defined in
the storm water regulations at 40 CFR 122£6(b){14), or when they are no longer
the operator of the facilities.
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 be 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 all 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 geotextiles) 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 Form 3510-7 IB-SB)
-------
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. If 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:
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 M
Street, SW, Washington, DC 20460, or Director, Office of Information aj
Regulatory Affairs, Office of Management and Budget, Washington, DC 205ofl
-------
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The SWPPP
is intended
to be implemented.
It should be modified
and amended
as changes occur
jj construction or operation
activities that affect
the discharge of storm
waters
from the construction site.
Accordingly,
ages of the SWPPP
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:
1. 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
FieldManualis 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
Oakland, 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 FOR 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
E 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
-------
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.
SWPPP GUIDELINES
Page 83
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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 DF CONTENTS
The table of contents shall identify each element of the SWPPP by its alpha
numeric designation, section title, and page number.
Page 84
SWPPP GUIDELINES
-------
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 project's 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.
SWPPP GUIDELINES Page 85
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Page 86
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 location(s) where the
construction site's 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.
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 soil 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.
SWPPP GUIDELINES
-------
3. Areas of Existing Vegerarion
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 Activities
are Completed
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.
SWPPP GUIDELINES Page 87
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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 nonstructural 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;
- biofilter 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 Stormwater Quality Protection (by the Bay Area Stormwater
Management Agencies Association. Available by calling 1-877-773-7247).
Page 88 SWPPP GUIDELINES
-------
VII. NARRATIVE DESCRIPTIONS
If contamination
is suspected,
test for pollutants, j
and call the
Regional Water
Quality Control
Board.
A. Site Estimates and Descriptions of Qn-5ite 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
SWPPP GUIDELINES
Page 89
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D. Erosion and Sediment Control Practices
1. 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 will
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 thar 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 the 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 frequency 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.
Paffe90 SWPPP GUIDELINES
-------
5. Practices to Minimize 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
(Third Edition), pages 93 to 115).
a. Construction Vehicles and Equipment
i) Maintenance
Maintain all construction equipment to prevent oil 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.
SWPPP GUIDELINES PaSe91
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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
General 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 Control Field Manual
(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-Construciion 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.
SWPPP GUIDELINES
-------
E. IVon-Storm 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 dewatering 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 Erf
Structural Controls
Structural controls require ongoing inspection, maintenance, and repair. The
discharger at all times 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 within 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
withou tfiltratio n
or equivalent treatment
is prohibited.
SWPPP GUIDELINES
Pa?e 93
-------
Most
post-construction BMPs
or
permanent control measures
should be prepared
early in the planning
or design stage
o &
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.
I. Minor Spills
Minor spills are those which are likely to be controlled by on-site personnel.
After contacting local emergency response agencies, the following actions should
occur upon discovery 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 dike. 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 not 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.
Page 94
SWPPP GUIDELINES
-------
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 well 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.
SWPPP GUIDELINES Pa^e 95
-------
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
-------
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 hi 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 (RUSLE) (U.S. Government Printing Office, January, 1997). They
are:
"^ Figure 2-7: El Distribution Zones for the Contiguous U.S.
"®" Figures 2-1 through 2-5: Isoerodent Maps of the Eastern U.S., Western U.S., California,
Oregon/Washington, and Hawaii, respectively.
os" 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
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 all 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:
(1)
Completion
Date:
El
Distribution
Zone:
Ending EI%:
Starting EI%:
El Value:
Isoerodent
Value:
R Factor:
(2)
(3)
(End% - Start%)
(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 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
15day 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:
(i)
Completion
Date:
El
Distribution
Zone:
Ending EI%:
Starting EI%:
El Values:
Sum of El
Values:
Isoerodent
Value:
R Factor:
(2)
(3)
(End% - Start%)
(4a)
(4b)
(4c)
(5)
(6)
(7)
-------
Exercise 2: Determining the R Factor for the Construction Waiver
Belle Fourche
Amarillo
A
EPA Storni Water Training Courea
Moduli 3 - Exarctoa 2
0«t«rmlnlng the R Factor tor tha ConstrucOoo Walvar
Raferanca Map
10000
10000 Miles
-------
Figure 2-7. El distribution zones for contiguous United States
0>
X
3
O
O
in
o
s
-------
278
Figure 2-1. Isoerodent map of eastern
United States. Units are hundreds
ft-tonf-in(ac-h-yr)'1.
70
I
rn
0>
o
-------
Table 2-1 El as percentage of average annual value computed for geographic areas shown in Figure 2-7 (Excerpt)
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
Jan
1-15
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
b.6
0.0
0.0
on
Jan
16-31
0.0
0.0
0.0
0.0
3.6
0.0
0.0
2.3
2.0
0.5
0.7
0.0
0.0
0.0
0.1
0.0
0.2
0.0
0.0
0.6
6.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
0.0
Feb
1-15
0.0
0.0
0.0
0.0
7.0
0.0
0.0
4.5
3.7
0.7
1.2
0.0
0.1
0.0
0.1
0.0
0.3
0.0
0.0
1.2
0.1
0.1
0.1
0.1
0.0
0.0
0.0
0.0
1.0
2.0
0.0
Feb
16-29
0.0
0.1
0.0
0.7
9.6
0.0
0.0
7.8
5.7
1.0
1.6
0.0
0.1
0.0
0.1
0.0
0.3
0.0
0.0
1.6
0.2
0.1
0.1
0.1
0.0
0.0
0.0
0.0
1.0
3.0
0.0
Mar
1-15
0.0
0.3
0.0
2.8
11.4
0.0
0.0
10.4
7.8
1.3
2.1
0.0
0.2
0.0
0.2
0.0
0.4
0.0
0.0
2.1
0.4
0.2
0.1
0.2
0.0
0.0
1.0
1.0
2.0
4.0
1.0
Mar
16-31
0.0
0.8
0.0
7.4
13.0
0.1
0.1
12.0
10.5
1.7
2.8
0.0
0.2
0.1
0.5
0.1
0.8
0.0
0.2
2.5
0.5
0.2
0.3
0.3
0.0
0.0
1.0
1.0
3.0
6.0
1.0
Apr
1-15
0.0
2.1
0.0
12.4
14.4
0.5
0.4
13.3
12.4
2.2
3.3
0.1
0.3
0.2
1.3
0.2
1.5
0.2
0.7
3.3
0.8
0.5
0.9
0.6
1.0
1.0
2.0
2.0
4.0
8.0
1.0
Apr
16-30
1.3
3.6
0.9
14.4
16.3
1.1
0.9
16.3
13.7
2.8
3.6
0.2
0.6
0.5
1.9
0.6
2.0
0.5
1.3
4.5
0.9
1.2
1.6
1.7
2.0
2.0
3.0
3.0
7.0
13.0
2.0
May
1-15
5.0
6.5
3.7
15.6
17.7
2.2
1.6
17.7
14.3
3.4
4.0
0.7
1.3
1.2
3.0
1.3
2.8
1.6
2.7
6.9
1.5
3.1
3.5
4.9
3.0
3.0
6.0
6.0
12.0
21.0
6.0
May
16-31
8.5
9.7
7.8
17.3
18.4
3.6
1.9
18.1
14.7
3.9
4.5
0.8
4.1
2.7
4.1
2.0
3.9
3.8
5.8
10.1
3.9
6.7
8.3
9.9
6.0
6.0
10.0
13.0
18.0
29.0
16.0
Jun
1-15
15.5
13.7
13.3
19.4
19.3
6.0
2.4
18.2
15.1
4.7
5.6
1.3
11.5
6.4
6.6
3.5
5.9
8.9
12.7
15.5
9.9
14.4
19.4
19.5
11.0
11.0
17.0
23.0
27.0
37.0
29.0
Jun
16-30
29.8
16.5
15.8
21.0
20.5
7.6
5.0
18.3
15.7
5.4
6.5
3.5
18.1
10.2
10.0
4.9
7.2
13.2
18.8
19.7
12.8
20.1
30.0
27.2
23.0
23.0
29.0
37.0
38.0
46.0
jaa.0
Jul
1-15
41.8
20.8
19.9
24.4
23.6
11.1
12.1
18.4
17.1
7.4
9.1
9.9
28.3
18.4
17.6
8.4
10.3
21.8
28.8
26.6
18.2
29.8
44.0
38.3
36.0
36.0
43.0
51.0
48.0
54.0
46.0
Jul
16-31
46.0
27.3
29.0
32.3
32.0
19.8
24.8
19.9
22.7
15.7
18.5
24.7
40.2
31.0
28.3
17.4
21.5
35.8
41.6
36.4
30.7
44.5
59.2
52.8
49.0
49.0
55.0
61.0
55.0
60.0
53.0
Aug
1-15
49.2
40.1
46.8
48.0
50.0
38.9
48.3
24.5
36.7
36.5
40.6
51.4
54.1
50.7
44.7
37.3
46.5
56.6
58.4
51.7
54.1
64.2
72.4
68.8
63.0
63.0
67.0
69.0
62.0
65.0
60.0
Aug
J6-31
56.0
56.9
64.7
61.4
66.2
59.7
73.6
35.0
50.4
55.8
59.7
71.5
67.0
68.7
59.4
57.5
66.3
75.4
75.7
67.5
77.1
83.1
84.6
83.9
77.0
77.0
77.0
78.0
69.0
69.0
67.0
Sep
1-15
65.1
72.6
78.3
72.1
77.2
74.4
86.5
54.4
63.6
70.3
74.0
83.6
77.2
81.2
71.6
72.9
78.3
86.0
86.5
79.4
89.0
92.2
91.2
91.6
90.0
90.0
85.0
85.0
76.0
74.0
74.0
Sep
16-31
71.6
83.4
88.8
81.9
85.4
83.2
92.0
69.4
75.0
80.9
86.3
93.8
87.7
91.6
83.9
83.7
86.5
92.9
94.2
88.8
94.9
96.4
96.5
96.4
95.0
95.0
91.0
91.0
83.0
81.0
81.0
Oct
1-15
78.6
89.4
93.9
87.0
88.8
88.1
94.3
78.6
81.8
86.4
91.7
97.7
93.3
96.1
90.3
89.5
90.8
95.9
97.3
93.2
97.2
98.1
98.6
98.2
98.0
98.0
96.0
94.0
90.0
87.0
88.0
Oct
16-31
91.1
95.5
98.5
90.1
90.4
94.6
96.6
85.7
87.8
90.9
94.7
99.2
97.5
98.4
94.7
95.8
96.0
98.2
98.9
96.1
98/71
99.3
99.5
99.2
99.0
99.0
98.0
96.0
94.0
92.0
95.0
Nov
1-15
97.3
98.1
100.0
92.4
91.3
97.7
97.9
89.2
90.8
93.4
96.0
99.8
99.1
99.2
96.7
98.4
98.2
99.2
99.5
97.3
99.3
99.7
99.8
99.6
100.0
100.0
99.0
98.0
97.0
95.0
99.0
Nov
16-31
99.3
99.6
100.0
98.1
92.7
99.4
99.5
91.9
93.2
96.4
96.7
99.9
99.6
99.8
98.8
99.6
99.1
99.8
99.9
98.2
99.6
99.8
99.9
99.8
100.0
100.0
100.0
99.0
98.0
97.0
gg.Qj
Dec
1-15
100.0
100.0
100.0
100.0
94.8
100.0
100.0
93.9
94.9
98.1
97.3
99.9
99.8
100.0
99.6
100.0
99.5
100.0
100.0
98.7
99.7
99.8
100.0
99.8
100.0
100.0
100.0
99.0
99.0
98.0
^10.0
Dec
16-31
100.0
100.0
100.0
100.0
97.0
100.0
100.0
97.0
97.5
99.4
98.8
100.0
100.0
100.0
99.9
100.0
99.8
100.0
100.0
99.3
99.9
99.9
100.0
99.9
100.0
100.0
100.0
100.0
100.0
99.0
100.0
-------
Exercise 3
Construction Storm Water Permittin
-------
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
onstruction activity?
Less than 1
acre
Is the construction
activity part of a larger
common plan of development
or sale?
No NPDES storm
water discharge
permit is required
What is the
planned disturbance of the
larger common plan of
evelopment or sale'
Greater than or equal 1
and less than 5 acres
Less than 1 acre
Greater than or equal to
1 and less than 5 acres
5 or more acres
J
'Storm water discharge associatec
with small construction activity"2
5 or more acres
A permit is required
under Phase I.1
s the construction activity
part of a larger common plan of
development or sale that will disturb
5 or more acres?
5oes the construction
activity occur during a negligible
rainfall period where the rainfall erosivity factor
("R" in the RUSLE) 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 small
construction
activity?4
Yes
Yes
No
The construction activity qualifies
for a waiver. No permit is required
but the construction operator must
certify to the waiver conditions.
An NPDES storm water discharge
permit is required under Phase II.
.. 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.
-------
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?
I 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?
| 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
I
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?
-------
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?
Scenario F
J
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
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?
-------
4
-------
Module 4
Storm Water Pollution Prevention Plans
-------
Storm Water Pollution Prevention Plans
Module 4
Storm \v»»FFollution
Prevention Plans
5 Major Phases in Developing
and Implementing a SWPPP
» Planning and Organization
> Assessment
» BMP Identification
> Plan Implementation
» Evaluation
Construction SWPPP
(from '98 CGP)
Site Description
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
-------
Storm Water Pollution Prevention Plans
Module 4
Construction SWPPP (cont.)
(from '98 CCP)
Maintenance
Inspections
Non-Storm Water Discharges
Additional Requirements
Contractors and Subcontractors
Site Description
Description of the construction activity
Sequence of major soil disturbing events
Total area and disturbed area acreage
Runoff coefficient pre/post construction
Site map
Location of industrial discharges
Name of receiving waters
ESA info; historical places
Controls to Reduce Pollutants
Erosion and Sediment Control Goals
» 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
> Address off-site material storage
EPA NPDES Storm Water Program Training Course
4-2
-------
Storm Water Pollution Prevention Plans
Module 4
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
9 Earth Dike
9 Silt Fence
9 Drainage Swales
9 Sediment Traps
9 Check Dams
9 Level Spreader
9 Subsurface Drain
• Pipe Slope Drain
9 Temporary Storm
Drain Diversion
9 Storm Drain Inlet
Protection
» Rock Outlet
Protection
» Other Controls
Controls to Reduce Pollutants
Storm Water Management
9 Description of storm water management
measures
9 Construction permit only covers installation
of these measures
9 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
-------
Storm Water Pollution Prevention Plans
Module 4
Controls to Reduce Pollutants
Other Controls
> Description of construction and waste
materials stored on site
» Description of controls to minimize
pollution from these materials
> Spill Prevention and Response Plans
£ Controls to Reduce Pollutants
/- State/Tribal and Local Controls
x » SWPPP should be consistent with
V» procedures and requirements of State/Tribal
and local sediment and erosion control
plans and storm water management plans.
Maintenance
> BMPs must be maintained in effective
operating condition
, > Any repairs must be performed before next
^C,,. anticipated storm event, if possible.
EPA NPDES Storm Water Program Training Course
4-4
-------
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
» Recommend 'walk through' inspection
before anticipated storm events
> Once inspection is complete, a signed report
must be completed and retained
Non-Storm Water Discharges
> Identify non-storm water discharges that
combine with storm water and discuss
pollution prevention measures
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]
-------
The NPDES MS4 Storm Water Program
Module 5
Module 5
The MS4
Storm Water Program
MS4 Storm Water Program
I Coverage: Three types of regulated
MS4s
I Permit options
I Permit application requirements
I Permit requirements
I 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
-------
The NPDES MS4 Storm Water Program
Module 5
Phase I MS4 Coverage
Phase I covers Medium and Large MS4s
v 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
-------
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 Program's:
> 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
I Storm Water Management Programs must
be approved by the PA
I Once approved, an individual permit is
created and issued by the PA
I Under permit, MS4 operators must also:
> Conduct analytical and visual monitoring
f 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
-------
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
-------
The NPDES MS4 Storm Water Program
Module 5
Cmtral Place
) IneccportttdPUct
Fedeid Indian Resavgttan
-------
The NPDES MS4 Storm Water Program
Module 5
Small MS4 Coverage
Designation by the PA
I 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
-------
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
-------
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
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
* 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
-------
The NPDES MS4 Storm Water Program
Module 5
Regulated Small MS4
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 122.34 or
122.26(d)
EPA NPDES Storm Water Program Training Course
5-9
-------
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
-------
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 5 years of permit issuance
EPA NPDES Storm Water Program Training Course
5-11
-------
STORM WATER PHASE II RULE SMALL MS4 FLEXIBLE PERMITTING OPTIONS
Referencing a
QUALIFYING LOCAL PROGRAM (QJLP)
RECOGNIZING
an NPDES-Regulated Entity
RELYING
on Another Entity
CO-PERMITTEE with
an NPDES-ReguJated
Eatiiy
PA assesses local, State, and Tribal NPDES and
non-NPDES programs to determine if their
requirements are equivalent to one or more Phase
II minimum measures for regulated small MS4s
PA chooses whether to reference a QLP in small
MS4 permit. Requires permittee to follow
requirements of QLP rather than new permit
requirements.
PA does not need to notify the administrator of the
QLP or obtain permission since referencing the
QLP has no bearing/no affect on the administrator.
PA assesses entities that are, or will
be, performing the equivalent of 1
or more of the small MS4 minimum
measures under an NPDES permit.
PA chooses whether to recognize
such an entity in a small MS4
permit.
N/A
N/A
The operator should already be complying with
any QLP referenced in the permit.
Compliance with the QLP is considered
compliance with the NPDES permit; therefore
operator held liable if doesn't comply with the
QLP.
Operator has no responsibility to
perform the measure(s) that is being
done by the recognized entity.
Not held liable if the other entity
fails to perform the measure
effectively; however, PA may then
require the operator to implement
the measure itself.
Operator chooses, under its own
permit, whether to rely on another
entity to implement 1 or more
minimum measure on its behalf-
can be a non-NPDES regulated
entity.
Operator notes in NOI or indiv.
permit application that it is relying
on another entity to implement a
measure.
Remain liable if other entity fails
to perform the measure effectively.
Operator chooses
whether to be a co-
permittee with another
regulated MS4 and
submits a single NOI or
individual permit
application
The operators determine
who will do what and
include this information
in the permit application
-"05 ",
The QLP in the small MS4 permit could be a State
program that requires MS4 operators to detect &
eliminate illicit discharges into their systems.
A county doing educational outreach
for the whole county under a Phase I
NPDES permit could be recognized,
thereby relieving all small MS4s in
the county from having to have their
own educational outreach programs.
1. An environmental group is doing
educational outreach on the impacts
of storm water runoff.
2. A county is already implementing
a construction runoff control
program under a Phase I NPDES
permit.
-------
Exercise 4
Determining Applicability of the Phase II Program
for Small MS4s
-------
For this exercise, you are presented with 1 990 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
thanl,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/
-------
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: 301 457-1099
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 ://factfinder .census .go v/j ava_prod/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/msgeol2.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.
-------
Urbanized Areas
HANITO j"~ ! MASON
I MANflO
U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration Bureau of the Census
ILLINOIS-14
MAPS
-------
Urbanized Areas
WASHINGTON. OC-MD--VA
SHEE1 1 06TRCT 3,
MODLETOV/N
' i \
LV v
DISTRICT 21TUSCARORA
c-"'- / '-"^
lover Hill -^ v ~^—Jri
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-DISTRICT 26.
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• DISTRICT 8.16ER1Y
DSTRiCl 19.LNCANORE
u
f
u
-, _ -, i Y N \—w i/ "%* "i DlSIBC! u. MOUNT PLEASANT
MIDDLETOWN'' ',V /*. ! -^DISTRICT 24,BRADOOCK ^J -~
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DISTRICT 2, FREDERICK /
BURKITTSVILLE
i I
DISTRICT 22.BURKITTSVUE
\ DISTRICT 9.
/' NEW MARKET
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DISTRICT 13,
MOUNT AIRY
DISTRICT 23, •>
BALLENGER
DISTRICT 12.PETERSVHLE
f^ ROSEMONT,
/ 'l
1 OSTRICT M, JEFFERSON
^l-^F5'
i__ Green Valley ^^^^^^
DISTRICT 4, LISBON
DISTRICT T.URBANA
DSTRICT 25. BRUNSWICK
LOVETTSVILLE
DISTRICT 1.BUCKEYSTOWN
/N-.
/ I—'-v
DISTRICT 12 /
/ Damascus
I \.x-^._'
\
;
I
3?
CATCCTIN
BARNESVILLE
DISTRICT 11
DISTRICT 2
iafce
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LAYTONSVILLE /
^.\
MERCER
v^ •* && L
^//'7,V-x> b
DISTRCT 6
SCALE:
6 Kilometers
CENTREVUE
DRANESWLLE ,'
/ Great Falls
\fl
U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration Bureau of the Census
MAPS
VIRGINIA-13
-------
Urbanized Areas
NEW LONDON-NORWICH. CT
U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration Bureau of the Census
CONNECTICUT-6
MAPS
-------
Urbanized Area
MAINE
DANE
POWER
CAMPO
Ponca
Inter notional
State
Subject MSA/PMSA County
County Not Port of Subject MSA/PMSA
American Indian Reservation. Trust Land.
or Alaska Native Regional Corporation
LEGEND
Tribal Jurisdiction Statistical Area, Tr tool Designated
StatisticcJAreaor Atosko Native Viioge Statistical Area
The following symbol replaces the American hdian/Alaska Native Area symbol where
the boundary coincides with a County, County Subdivision, or Place boundary.
YORK
ROME
Zen a
County Subdivision
Incorporated Place
Census Designated Place
An asterisk fotowing o ptoce name indicates that the place is
coextensive with a county subdivision. The county subdivision
name is snown only when it differs from the ptoce name.
A fisrthook joins contiguous and/or discontiguous
parts of the same geographic entity.
Components of an Urbanized Area
Incorporated Ptoce
Census Designated Place
Other Area
NoteiAllegolboundaries end names are as of January 11990.
Where international State, county, and/or county subdivision
boundaries coincide,the mop shows the boundary symboifor only
the highest-ranking of these geographic entities. Where an
international. State, county.or county subdivision boundary coincides
with a ptoce boundary, the map does not snow the place boundary
symboL
Ohio River Large River. Loke. Water Body.or Shorefine
U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration Bureau of the Census
MAPS
VERMONT-1
-------
Is
the MS4
located in an
incorporated place or county
(unincorporated area) with a
population
.of 100,000 or
.more?,.
No
MS4 Storm Water Program
Permitting Decision Tree
Yes
tfhat is the"
population of the
incorporated place or
county (unincorporate
area)?
100,000 to 249,999
Has the MS4 been
'individually designated into"
the NPDES Storm Water
Program by the NPDES
^permitting authority prior to
Phase II?
Yes
The MS4 is a medium
MS4 and is required to
obtain an NPDES
storm water discharge
permit under Phase I
(deadline passed).
250,000 or greater
The MS4 is a large MS4
and is required to obtain
an NPDES storm water
discharge permit under
Phase I (deadline
passed).
No
Is the MS4
located within an
"urbanized area"
boundary as delineated
J>y the Bureau of the
Census?
No
Does the
'MS4 serve a juridiction'
with a population of at least
J 0,000 and a population density
of at least 1,000/sq.
mile?
No
Yes
The MS4 is a
small MS4 that is
not required to
obtain an NPDES
storm water
discharge permit.
Yes
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).
Does the MS4
serve a population
less than or equal
to 1,000?
No
Yes
Does the MS4 serve a
Dpulation less than 10,000?,
Yes
No
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.
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.
-------
-------
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
WliatAre 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
WliatAre 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
! 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
••Inform 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
Wliat Are Some BMPs for Implementing This Measure?
-•Collect all 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
Wliat Are Some BMPs for Implementing This Measure?
"Determine the source of the problems using methods
such as:
• dye-testing buildings in problem areas;
• 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
1 year
2 years
3 years
4 years
Activity
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
Wlwt 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
1 year
2 years
3 years
Activity
Ordinance or other regulatory mechanism in place;
procedures for information submitted by ihe public in
place.
Procedures for site inspections implemented:
educational program for construction operators in
place
75% of local construction operators trained
4 years i 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
Wliat Are Some Non-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 Goals
Module 6
Post-Construction/New Development/
Redevelopment
Wliat 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
Wltat 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,
tloatables, 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
1 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
-------
-------
Module 7
Federal and State MS4s
[Slides]
-------
Federal and State MS4s
Module 7
Module 7
Federal and State MS4s
Federal & State Facilities
Federal facilities not regulated by Phase I
Phase II includes the "United States" in the
definition of a small MS4
Phase II MS4s include Federal and State-
operated small MS4s
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
-------
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
Population should be people served by MS4
Waiver decision may be complicated by other
factors
BSE
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
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
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.
12
Post-Construction Runoff
Control
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
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
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
Each permittee is responsible for activities
within individual legal authorities and abilities
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
i The permittee can become a co-
permittee with a neighboring Phase I
MS4 through a modification of the
Phase I MS4's individual permit.
i 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
Storm water discharges from State DOTs in
Phase 1 areas should already be regulated
under Phase I
The preamble to Phase 1 clearly states that
"all systems within a geographical area
including highways and flood control districts
will be covered"
Many permitting authorities regulated State
DOTs as co-permittees with the Phase 1
municipality in which the highway is located.
Permit Coverage
i Do federal facilities already covered
under an industrial storm water permit
have to get additional permit coverage
as an MS4?
i Federally or State-operated industrial
sources are currently regulated
i Sources regulated due to their industrial
discharges may already be
implementing some Phase II municipal
requirements
EPA NPDES Storm Water Program Training Course
7-7
-------
-------
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
1
Module 8
''5 •
Interaction of the MS4,
Construction, and
Industrial Programs
rs;
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's MSGP
- State General Permit
- Individual Permit
I Covers 10 categories of industrial
activity
EPA NPDES Storm Water Program Training Course
8-1
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Interaction of the MS4, Industrial, and
Construction Programs
Module 8
.— Changes to Industrial Program
• ISTEA moratorium will expire
• "No exposure" exclusion expanded to
p—, all industrial categories
i..,frs,'jf
• All 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
JVIodule 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
Industry in medium/large MS4 must
notify MS4
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 GPs 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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Summary of Federal Permit Requirements Under the NPDES Storm Water Program
Municipal Separate Storm Sewer Systems (MS4s)
Construction Activity
Industrial Activity
Requirements
in Effect Now
(Phase I)
Medium and Large MS4s (§ 122.26(d))
• Storm Water Management Program:
- Public education and outreach
- Public participation efforts
- Illicit discharge detection and elimination program
- Construction and post-construction runoff control program
for all construction activity (no size threshold)
- BMPs to reduce pollutants from industrial, commercial, and
residential areas
• Track/oversee industrial facilities regulated under the NPDES
storm water program
• Conduct analytical and visual monitoring of MS4 discharges
• Submit periodic program assessment reports
Category (x) Construction
Activity (5+ Acres)*
CGP:
• Storm Water Pollution
Prevention Plan (SWPPP)
- Site description
- Description of BMPs for
erosion and sediment, post-
construction storm water
management, and other controls
- Self-evaluation and reporting
*Category (x) is one of the categories of "storm
water discharges associated with industrial
activity." Temporarily excluded from permitting:
Category (x) construction activity operated by a
municipality of <100,000 (1STEA moratorium).
Ten Categories of Industrial
Activity (Categories (i)-(ix),(xi))*
MSGP:
• SWPPP
- Site evaluation
-Description of appropriate storm
water management BMPs
- Self-evaluation, monitoring,
and reporting
• If discharging into a medium or
large MS4, notify the MS4
operator
* Temporarily excluded from permitting: Industrial
activity operated by a municipality of <100.000,
except for power plants, airports, and uncontrolled
sanitary landfills (1STEA moratorium).
Requirements
that
Will Be
in Effect
by 2003
(Phase II)
Regulated Small MS4s (§ 122.34 outlined here, but may choose
permit coverage under § 122.26(d) instead)
• Storm Water Management Program:
- Public education and outreach
- Public participation efforts
- Illicit discharge detection and elimination program
- Construction runoff control program for construction activity
disturbing 1 acre or greater
- Post-construction runoff control program for construction
activity disturbing 1 acre or greater
- Good housekeeping/pollution prevention for municipal
operations
• Conduct assessment of identified BMPs and measurable goals
for each minimum control measure
• Submit annual program assessment reports
Small Construction Activity
(<1 and <5 Acres)
• Expected to be similar to
Category (x) Construction
Activity requirements above
Category (x) Construction
Activity Operated by a
Municipality of < 100,000
• Same requirements as for
Category (x) Construction
Activity above
Industrial Activity Operated by a
Municipality of <100,000*
• Same requirements as for Ten
Categories of Industrial Activity
above
* Does not include: Power plants, airports, and
uncontrolled sanitary landfills
-------
Exercise 5
Determining Multiple Responsibilities Under the
NPDES Storm Water Program
-------
5:
Determining Multiple Responsibilities Under the NPDES Storm Water Program
Note:
Phase I municipality: The municipality operates a medium or large MS4 and is permitted under the NPDES Storm Water Program
Phase 11 municipality: The municipality operates a regulated small MS4 and will be permitted under the NPDES Storm Water Program
Scenario
1) Privately-operated construction activity disturbing 2
acres in a Phase I municipality
2) Privately-operated construction activity disturbing 2
acres in a Phase 11 municipality
3) Industrial site permitted under the MSGP
performing linear construction activity disturbing 5
acres and located in a Phase I municipality
4) Industrial site permitted under the MSGP
performing construction activity disturbing 1.5 acres
and located in a Phase I municipality
5) Municipally-operated construction activity
disturbing 6 acres in a Phase I municipality over
100,000
What Is/will be required?
(Which NPDES permits? Compliance with a local regulated MS4 program? Or any
other responsibilities concerning NPDES-regulated entities?)
-------
6) Municipally-operated construction activity
disturbing 6 acres in a Phase II municipality under
100,000
7) A Phase I municipality of less than 100,000 people
owns and operates a scrap and waste recycling facility
(Sector N under the MSGP) that discharges into its
storm sewer system
8) A Phase II municipality of less than 100,000 people
owns and operates an uncontrolled sanitary landfill
(Sector L under the MSGP) that discharges into its
storm sewer system
9) Privately-operated construction activity disturbing 7
acres on a federal military base which is a Phase II
MS4 operator
10) Military-operated construction activity disturbing
7 acres on a federal military base which is a Phase II
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 I 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)
-------
9
-------
Module 9
Benefits, Costs and Funding Mechanisms
[Slides]
-------
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
lakcs/rcscrvoirs
• Diminished water recreation experiences
• Reduced aesthetic and preservation values
• Increased hydroelectric facility impairment
• Accelerated stream bank erosion
• Increased flood damages
• Reduced infiltration/groundwater recharge
Phase II Cost/Benefit Estimates
Very difficult to estimate costs because:
• Lots of flexibility in the rule
• Permit writers ean 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 Program Training 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
S671 M- 1.63B
Costs
• Municipal Minimum Measures S298 M
• Construction Controls S545 - 679 M
• Fed/State Atlinin. Costs S5 M
Total Annual Costs S848 - 981 M
average annual per household cost = S9.16
Source: EPA. Phase II Filial Rule Cost-Benefit Analysis
Another Phase II Cost Estimate
Basic Program for city with 50,000
• Initial start-up (Year i) - $37,600
- $0,75 per person per year
• Annual Costs (Years 2-5) - S81.-700
- $ J ,63 per person per year
Goal is to meet the minimum requirements. Permit writer
may want more.
EPA estimated an average of S3.50 per person per year.
Source: Reese. Andrew, 2<>GO. NPDES Pluse li Cost Estimates.
IN: Proceedings. National Conference on Tools for Urban Water
Resources Management & Protection, Chicago. Feb. 2000.
Another Phase II Cost Estimate
Expanded Program for city with 50,000
• Initial start-up (Year I) - $308.150
— S6,16 per person per year
• Annual Cosls (Years 2-5) - $381,850
- $7.64 per person per year
Goal is to improve water quality through an aggressive
program, not to just meet the minimum requirements.
lil'A estimated un average of S3.50 per person per year.
Source: Reese. Andrew. 2000. NPDES Phase II Cost Estimates.
IN: Proceedings. National Conference on Tools tor Urban Water
Resources Management A: Protection. Cliicayo. l-'cb. 2000.
EPA NPDES Storm Water Program Training Course
9-2
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Phase II Benefits, Costs, and Funding
Mechanisms
Module 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
S7.64 per year is S0.66 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)
• Assess your status
- in, potentially in. or out of Phase II?
• Get to know your permit writer
• Assess your surface waters
• Assess your own program
• Check out your neighbors
• Get a team together
• Develop an action plan
• Get started
Phase II Funding/Financing
Strategies
Debt Financing - used for capital-intensive
projects, debt is issued to finance SWM
programs and facilities
Federal. Stale, or Regional Grants and Loans
- ex: State Revolving Loan Fund (SRF)
I Jtility Service Charges - rates billed to
customers for providing storm water
management services
Source: APWA. 20OO. Designing an lifl'cciive
Storm Water Management Program
EPA NPDES Storm Water Program Training Course
9-3
-------
Phase II Benefits, Costs, and Funding
Mechanisms
Module 9
Phase II Funding/Financing
Strategies (cont.)
Local Improvement Districts - Individual
properties benefited by storm water projects
are assessed to fund the project
General Fund
Plan Review and Inspection Fees
Fec-in-Li'cu of On-Sitc Construction
Phase II Funding/Financing
Strategies (cont.)
Developer Participation.-- Developers
construct needed facilities as a condition of
development, and bear associated costs
System Development Fees/Connection
Charges - One time charges assessed at the
time 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 to the need for storm water facilities
or services
Fee typically based on the amount of runoff
generated by the property
Establishing a Storm Water Utility in Florida
(http^vfasu.onj'fasu/mamial/indcx.htm!)
EPA NPDES Storm Water Program Training Course
9-4
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10
-------
Module 10
Additional Tools and Resources
[Slides]
-------
Additional Tools and Resources
Module 10
Module 10
Additional Tools and
Resources
! Tool Box
•/fact Sheets
y Guidance
•/Menu of BMPs
/ Information Clearinghouse
•/ Training / Outreach
•/ Technical Research
•/Support for Demonstration Projects
y Compliance Monitoring/Assistance Tools
? Fact Sheets
•/14 Fact sheets available on the Phase II
Rule
- http://www.epa.gov/owm/sw/phase2/factshts.htm
/Technical fact sheets available on storm
water BMPs
- http://www.epa.gov/owm/mtbfact.htm
EPA NPDES Storm Water Program Training Course
10-1
-------
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
y Storm Water Phase II Compliance
- Assistance Guide
'• yNo Exposure Guidance
, •/ Guidance on Developing Measurable Goals
Menu ofBMPs
-^* in,'
-r, l,x*'
I k^i
\Skf*Xri*lHt*tt»* fiutrrii
•/ Will help small MS4 operators select ~
appropriate BMPs for their program
y Will not provide design specifications,
but will provide general information on
each BMP
y Available by October 2000 followed by a
6 month peer review
Model General Permit
y EPA to develop model general permit for
small MS4s
y Available by October 2000
y 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
/Part 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
•D
a /2-Day Storm Water
"* Training
* / 1-Day Phase II workshop
~, •/ Center for Watershed
Protection training
•/ IECA Construction operator
training
t Research / Demonstration
; Projects
5 yASCE BMP Effectiveness Database
-, y EPA sponsored research on storm water
; impacts/BMPs
Bother research on storm water BMPs
• /Limited funding for demonstration projects
EPA NPDES Storm Water Program Training Course
10-3
-------
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 /
Assistancejrools
^Protocol for Conducting Environmental
Compliance Audits under the Storm Water
Program (Fall 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
y Model Ordinances
•/ Watershed Protection Techniques
y Storm Water Resource Center (Fall 2000)
J http://www.stormwatercenter.net
•/ http://www.cwp.org
EPA NPDES Storm Water Program Training Course
10-4
-------
Additional Tools and Resources
Module 10
Urban Nonpoint Source Guidances
•/ Coastal Zone Management
Measures Guidance -
Chapter 4
•/ Tracking Implementation
of Urban BMPs
•/ Economic Benefits of
Runoff Controls
http://www.epa.gov/owow/nps
TMDL Guidance
,/Total Maximum Daily Loads (TMDLs)
- Protocol for Developing Nutrient TMDLs
- Protocol for Developing Sediment TMDLs
^ Atlas of America's Polluted Waters
•/ http://vvrww.epa.gov/owow/tmdl
Funding Tools
y CWA § 106 (Grants for pollution
control programs)
VCWA § 319 (Non-point source
management programs)
y State Revolving Fund (SRF)
•/ Transportation Efficiency Act for the
21st Century (TEA-21)
y 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 www.apwa.net
y Water Environment Federation (WEF)
: -l.800.666.0206orwww.wcf.org
^ •/ American Society of Civil Engineers (ASCE)
-l.800.548.2723orwww.asce.org
-> •/ International Erosion Control Association
:. -l.800.455.4322orwww.ieca.org
^Industry Associations
Who to Contact
General Information
/USEPA Headquarters-Phase II Questions
202.260.5816
sw2@epa.gov
http://www.epa.gov/owm/sw
yUSEPA 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-resources@epa.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(2jepa.gov
Wendy Bell - 202-260-9534
- Bell.wendyfSjepa.gov
John Kosco - 202-260-6385
- K.osco.iohn(2),epa.gov
EPA NPDES Storm Water Program Training Course
10-7
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Appendix A
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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
§ 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 §122.26(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
40 CFR Ch. I (7-1-99 Edition)
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:
(I) 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
§122.26
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
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.2.j.
(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 G); 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
§122.26
(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.
(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;
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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—(\) 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
40 CFR Ch. I (7-1-99 Edition)
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:
(1) 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
(S) 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
(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) (1) (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
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Environmental Protection Agency
§122.26
(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) (1) (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
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 2. 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 TJSGS 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:
(I) 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;
(3) 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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Environmental Protection Agency
§122.26
(6) The identification of publicly.
owned parks, recreational areas, and
other open lands.
(iv) Discharge characterization. (A)
Monthly mean rain and snow fall esti-
mates (or summary of weather bureau
data) and the monthly average number
of storm events.
(B) Existing quantitative data de-
scribing the volume and quality of dis-
charges from the municipal storm
sewer, including a description of the
outfalls sampled, sampling procedures
and analytical methods used.
(C) A list of water bodies that receive
discharges from the municipal separate
storm sewer system, including down-
stream segments, lakes and estuaries,
where pollutants from the system dis-
charges may accumulate and cause
water degradation and a brief descrip-
tion of known water quality impacts.
At a minimum, the description of im-
pacts shall include a description of
whether the water bodies receiving
such discharges have been:
(1) Assessed and reported in section
305 (b) reports submitted by the State,
the basis for the assessment (evaluated
or monitored), a summary of des-
ignated use support and attainment of
Clean Water Act (CWA) goals (fishable
and swimmable waters), and causes of
nonsupport of designated uses;
(2) Listed under section 304(l)(l)(A)(i),
section 304(1) (1) (A) (ii), or section
304(1)(1)(B) of the CWA that is not ex-
pected to meet water quality standards
or water quality goals;
(3) Listed in State Nonpoint Source
Assessments required by section 319(a)
of the CWA that, without additional
action to control nonpoint sources of
pollution, cannot reasonably be ex-
pected to attain or maintain water
quality standards due to storm sewers,
construction, highway maintenance
and runoff from municipal landfills and
municipal sludge adding significant
pollution (or contributing to a viola-
tion of water quality standards);
(4) Identified and classified according
to eutrophic condition of publicly
owned lakes listed in State reports re-'
quired under section 314(a) of the CWA
(include the following: A description of
those publicly owned lakes for which
uses are known to be impaired; a de-
scription of procedures, processes and
methods to control the discharge of
pollutants from municipal separate
storm sewers into such lakes; and a de-
scription of methods and procedures to
restore the quality of such lakes);
(5) Areas of concern of the Great
Lakes identified by the International
Joint Commission;
(6) Designated estuaries under the
National Estuary Program under sec-
tion 320 of the CWA;
(7) Recognized by the applicant as
highly valued or sensitive waters;
(8) Defined by the State or U.S. Fish
and Wildlife Services's National Wet-
lands Inventory as wetlands; and
(9) Found to have pollutants in bot-
tom sediments, fish tissue or biosurvey
data.
(D) Field screening. Results of a field
screening analysis for illicit connec-
tions and illegal dumping for either se-
lected field screening points or major
outfalls covered in the permit applica-
tion. At a minimum, a screening anal-
ysis shall include a narrative descrip-
tion, for either each field screening
point or major outfall, of visual obser-
vations made during dry weather peri-
ods. If any flow is observed, two grab
samples shall be collected during a 24
hour period with a minimum period of
four hours between samples. For all
such samples, a narrative description
of the color, odor, turbidity, the pres-
ence of an oil sheen or surface scum as
well as any other relevant observations
regarding the potential presence of
non-storm water discharges or illegal
dumping shall be provided. In addition,
a narrative description of the results of
a field analysis using suitable methods
to estimate pH, total chlorine, total
copper, total phenol, and detergents (or
surfactants) shall be provided along
with a description of the flow rate.
Where the field analysis does not in-
volve analytical methods approved
under 40 CFR part 136, the applicant
shall provide a description of the meth-
od used including the name of the man-
ufacturer of the test method along
with the range and accuracy of the
test. Field screening points shall be ei-
ther major outfalls or other outfall
points (or any other point of access
such as manholes) randomly located
throughout the storm sewer system by
placing a grid over a drainage system
757
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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:
(]) A grid system consisting of per-
pendicular north-south and east-west
lines spaced 'A mile apart shall be
overlayed on a map of the municipal
storm sewer system, creating a series
of cells;
(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;
(5) 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;
(6) 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 Vi 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) (1) (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
noncompliance 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) (1) (iii) (B) (/) 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) (3) 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:
(1) 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
40 CFR Ch. I (7-1-99 Edition)
(J) For samples collected and de-
scribed under paragraphs (d)(2)(iii)
(A)(7) 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
BOD,
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)(7) 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
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:
(1) 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:
760
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Environmental Protection Agency
§122.26
(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.
(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:
(7) 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
whe're 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;
(C) 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:
(/) 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. BOD5. 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 1. (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 1 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
-------
§122.26
40 CFR Ch. I (7-1-99 Edition)
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) (1) (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) (1) (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) (1) (v) of this section.
(6) Facilities with existing NPDES
permits for storm water discharges as-
sociated with industrial activity shall
maintain existing permits. Facilities
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
-------
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)(ll) 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 after-
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-
nicipal 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. 1995]
§122.27 Silvicultural 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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Appendix B
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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
follows:
§ 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)(lKi)(G)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).
(a)* * *
(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;
(CJThe 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
(aK9Hi)(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)(14)(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 552(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 water 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 §122.26(b)(15)(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(B)(15).—SUMMARY OF COVERAGE OF "STORM WATER DISCHARGES ASSOCIATED WITH SMALL
CONSTRUCTION ACTIVITY" UNDER THE NPDES STORM WATER PROGRAM—Continued
Potential 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
.this section.
I (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
permit 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 fb)(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 wafer 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 this section, 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 defined by
paragraph (b)(4)(iv), (b)(7)(iv), or (b)(16)
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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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)(15) 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 i
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
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
guidance 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,
and 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 defined 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 small 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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(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)(3)(i) will satisfy the map
requirement in § 122.2l(f)(7).
(ii) 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.
(iii) 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)(lKv) 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 NPDES 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 § I22.26(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 program,
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
.individuals and groups how to become
^involved 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
(communities, 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
lawful access to monitoring sites.)
1 (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)(15)(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
by 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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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
redevelopment.
(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 all 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
incorporate qualifying State, Tribal, or
local erosion and sediment control
program requirements by reference.
Where a qualifying State, Tribal, or local
program does not include one or more
of the elements in this paragraph {s)(l),
then the Director must include those
elements as conditions in the permit. A
qualifying State, Tribal, or local erosion
and sediment control program is one
that includes:
(i) Requirements for construction site
operators to implement appropriate
erosion and sediment control best
determination that another entity was
responsible for implementation of the
requirement(s); and
(ii) The other entity fails to implement!
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 PLACES 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
small MS4, what happens if I don't comply
with the application or permit requirements
in §§122.33 through 122.35?
NPDES permits are federally
enforceable. Violators may be subject to
the enforcement actions and penalties
described in Clean Water Act sections
309 (b), (c), and (g) and 505, or under
applicable State, Tribal, or local law.
Compliance with a permit issued
pursuant to section 402 of the Clean
Water Act is deemed compliance, for
purposes of sections 309 and 505, with
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 ^ck washout) chemicals, litter, and
individual permit or under a general canitan/«racto at tVio nnnctmnHrm cite A, u r,- • u
_-4.u JT * • • * M i- r sanitary waste at tne construction site Alabama Birmingham.
permit by mean* of a joint Notice of that cause adverse irnpacts to water Arizona Phoenix.
Intent you remain subject to the quality Tucson.
enforcement actions and penalties for ^ 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 storm water poUution prevention plan. Oakland.
set forth in § 122.35(b). (A storm water pollution prevention llTS°'
§ 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 MinSa Mhineaoolis
receiving water impacts from storm incorporate qualifying State, Tribal, or Minnesota Minneapolis.
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 Buffalo.
newly redesignated paragraph (k)(3) and additional requirements necessary to Bronx Borough.
add a semicolon in its place, and add achieve the applicable technology-based Manhattan°Rnmnnh
new paragraphs (k)(2) and (s) to read as standards of "best available technology" Queens Borough
follows: and "best conventional technology" staten )s|and Bor'.
based on the best professional judgment ouqh
§ 122 44 Establishing limitations of the permit ^j^ North Caro,jna Charlotte.
standards, and other permit condit.ons ? Add § 122.62(a)(14) to read as Ohio Cincinnati.
£P,pJ'S?le *° State NPDES programs, see follows.S 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 Pittsburgh.
(s) Qualifying State, Tribal, or local effluent limitation requiring Tennessee Sville/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 § 122.34(b) when: El Paso.
§ 122.26(b)(15), 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.
•^ortsmouth. • :
Richmond.
Roanoke.
Spokane.
Taco'ma.
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 ..
Georgia
Hawaii
Maryland ....
County
Los Angeles
Sacramento .
San Diego
New Castle ...
Dade
DeKalb
Honolulu1 ...
Anne Arundel
Baltimore
Montaomerv
Unincorporated ur-
banized popu-
lation
886,780
594,889
250,414
296,996
1 01 4 504
448 686
114506
344654
627,593
599.028
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FederalJRegister/Vol. 64, No. 235/Wednesday, December 8, 1999/Rules and Regulations 68849
APPENDIX H TO PART.=I22.—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
ii~
~. l.i '"••••: ?tate
':'•*-,.,, . .
• .
Texas '. ..Z.f....!'.'.-.'.LA..:.
Utah <.V:'.f..'.V.ii-:.f
Virginia v ••!:.:" . .
Washinaton -...if,u. .'.-.:.;
County
Prince George's
Harris
Salt Lake
Fairfax
Kino
Unincorporated ur-V
banized popu-
lation
494,369
729 206
270,989
760 730
520.468
1 County was previously listed in this appendix; how.ever, population dropped to below 250,000 in the 1990 Census.
APPENDIX"! TO PA'frf'122.—COUNTIES WITH UNINCORPORATED URBANIZED AREAS GREATER THAN 100,000 BUT LESS
••'••'. THAN 25q,qpo ACCORDING TO THE 1990 DECENNIAL CENSUS BY THE BUREAU OF THE CENSUS
.. -...- '- " 1:'fc State
' 4 : ;[\
* 'U. ., . ; . _, . - , ;
Alabarna "'*"'• -r..- • .: «
Arizona - ' ' •/•' ••- .•£•••••
California •-"'•'• ' . \ -
^'^- :''-";- : ;:.;"-• 4;:':1',;,
'•' : .*?•" V •.'.•;';•;.• ;
;-, . !<...i '„. ••>.•• •
Colorado -•'•'•' • ' ' '•' "' " ..
Florida :.*j'H'; -- -*^'-'-'- -^^ :
'•'t-i-^-r ;n;;3. .':'. •'•-
"i!-j !»*JC:iji '":'.' \ •'
• •<• v:.i'.-..'j'.i ' .
• '-::•,-. ii-i;i
i ' ' -.; . •'
Louisiana ..
Maryland -; ' .- -,„"...'
North Carolina1'' jf.urc- •'.•;.
Nevada ''•;V '-:' f>'-U •'•'•'• •
Oregon -•'*• :'-"''T~[i^fl 10* '• '' "
'" ~' ' '••'•" • <-n--i'--' i?B So •.''•-;
.i-ts;'-:>ei J;(. .i;-: '^I-
Virainia ' n. ' .. c-..,
vuyjina ....„..„.....,..„.„. .....,.0..,..
' .,:i -.;rj :.LTii:v.7 "i v '
• :.'!;"'."ffL;-; ;.iC-"« •
Washington -' '~ /•'-"•• /o. .'i;r. ..
',• vcf lyi^oTci - ^ •••
- '
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 .. .....
Howard
Cumberland
Clark . ... ...
Multnomah 1
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
1 County was previously listed in this appendix; however, population dropped to below 100,000 in the 1990 Census.
PART 123—sfATE. PROG
REQUIREMENTS.,;,'^ ,
1. The authority citation for part 123
continues to. read as follows:
Authority: The Clean Water Act, 33 U.S.C.
1251 et seq.
2. Amend § 123.25 by removing the
word "and" at the end of paragraph
(a) (3 7), 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. 2 35/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,'zhid'pbnds, that
receive a discharge1 frointtrife MS4
eligible for such a waiver-; •
(ii) For all such waters, you have
determined that storm water controls
are not needed based o_n. wasteload
allocations that are part of an EPA
approved or established TMDL that
addresses the ppllutaiit(s) of concern or,
if a TMDL has not been.developed or
approved, an equivalent analysis that
determines sources" .and^nocations for
the pollutant(s) or concern.
(iii) For thei-purppse of .paragraph
(d)(2)(ii) of this sec'tipn^the pollutant(s)
of concern include biochemical oxygen
demand .(BOD), sed1rne~ntor a parameter
that addresses sediment (such as total
suspended solids, turbidity or siltation),
pathogens, oil and grease,-andjany
pollutant that has .been .identified as a
cause of impairment of-:any water body
that will receive a discharge frorh.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::rnust deyjelerg'and'',
implement a schedule to .phase in •1- '.•
permit coverage.for..approximately 2Q
percent annually of all small MS4s"trial
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^mall
MS4s must be approved by the Regional
Administrator no-later-tharrDecember
10,2001. ••-•;-;:; _y:su>9-.C •*'; ''y
(4) If you choose to phase in permit
coverage for smal}iM.S4s. m.,jurisdictions
with a populatidn under lOjOOO, in
accordance with paragrapftl'fd)(3) of this
section, you may also provide waivers
in accordance withKparagraphs (d)(l)
and (d)(2) of this sectifo '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.
(f) 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 § 122.34(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
several 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 6560-50-P
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