# Final Reissuance of National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A00-25469 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** October 30, 2000 - **Citation:** 65 FR 64746 ## Text ENVIRONMENTAL PROTECTION AGENCY [FRL-6880-5] Final Reissuance of National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Final NPDES general permit. SUMMARY: The Regional Administrators of EPA Regions 1, 2, 3, 4, 6, 8, 9 and 10 are today reissuing EPA's NPDES Storm Water Multi-Sector General Permit (MSGP). This general permit was first issued on September 29, 1995 (60 FR 50804), and amended on February 9, 1996 (61 FR 5248), February 20, 1996 (61 FR 6412), September 24, 1996 (61 FR 50020), August 7, 1998 (63 FR 42534) and September 30, 1998 (63 FR 52430). The reissuance of the MSGP was proposed by EPA on March 30, 2000 (65 FR 17010). Today's final MSGP will authorize the discharge of storm water from industrial facilities consistent with the terms of the permit. DATES: This MSGP shall be effective on October 30, 2000. This effective date is necessary to provide dischargers with the immediate opportunity to comply with Clean Water Act requirements in light of the expiration of the existing MSGP on October 1, 2000. Deadlines for submittal of notices of intent are provided in Section VI.A.2 of this fact sheet and Part 2.1 of the MSGP. Today's MSGP also provides additional dates for compliance with the terms of the permit. ADDRESSES: The index to the administrative record for the final MSGP is available at the appropriate Regional Office or from the EPA Water Docket Office in Washington, DC. The administrative record, including documents immediately referenced in this reissuance notice and applicable documents used to support the original issuance of the MSGP in 1995, are stored at the EPA Water Docket Office at the following address: Water Docket, MC-4101, U.S. EPA, 401 M Street SW, room EB57, Washington, DC 20460. The records are available for inspection from 9 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. For appointments to examine any portion of the administrative record, please call the Water Docket Office at (202) 260-3027. A reasonable fee may be charged for copying. Specific record information can also be made available at the appropriate Regional Office upon request. FOR FURTHER INFORMATION CONTACT: For further information on the final MSGP, contact the appropriate EPA Regional Office. The name, address and phone number of the EPA Regional Storm Water Coordinators are provided in Section VI.F of this fact sheet. Information is also available through the Internet on EPA's Office of Wastewater Management website at http://www.epa.gov/owm/sw. SUPPLEMENTARY INFORMATION: The following fact sheet provides background information and explanation for today's notice of final MSGP reissuance, including a summary Response to Comments regarding the comments which were received on the proposed MSGP. The actual language of the final MSGP appears after this fact sheet. Fact Sheet Table of Contents I. Background A. Pollutants in Storm Water Discharges Associated with Industrial Activities in General B. Summary of Options for Controlling Pollutants C. The Federal/Municipal Partnership: The Role of Municipal Operators of Large and Medium Municipal Separate Storm Sewer Systems II. Organization of Final MSGP and Summary of Changes From the 1995 MSGP and the March 30, 2000 Proposed MSGP III. Geographic Coverage of Final MSGP IV. Categories of Facilities Covered by Final MSGP V. Limitations on Coverage A. Storm Water Discharges Subject to Effluent Guidelines Limitations, Including New Source Performance Standards B Historic Preservation C. Endangered Species D. New Storm Water Discharges to Water Quality-Impaired or Water Quality-Limited Receiving Waters E. Storm Water Discharges Subject to Anti-Degradation Provisions of Water Quality Standards F. Storm Water Discharges Previously Covered by an Individual Permit G. Requiring Coverage Under an Individual Permit or an Alternate General Permit VI. Summary of Common Permit Conditions A. Notification Requirements 1. Content of NOI 2. Deadlines 3. Municipal Separate Storm Sewer System Operator Notification 4. Notice of Termination 5. Conditional Exclusion for No Exposure B. Special Conditions 1. Prohibition of Non-storm Water Discharges 2. Releases of Reportable Quantities of Hazardous Substances and Oil 3. Co-located Industrial Facilities 4. Numeric Effluent Limitations 5. Compliance with Water Quality Standards C. Common Storm Water Pollution Prevention Plan (SWPPP) Requirements 1. Pollution Prevention Team 2. Description of the Facility and Potential Pollution Sources 3. Selection and Implementation of Storm Water Controls 4. Deadlines D. Special Requirements 1. Special Requirements for Storm Water Discharges Associated With Industrial Activity From Facilities Subject to EPCRA Section 313 Requirements 2. Special Requirements for Storm Water Discharges Associated With Industrial Activity From Salt Storage Facilities 3. Consistency With Other Plans E. Monitoring and Reporting Requirements 1. Analytical Monitoring Requirements 2. Compliance Monitoring 3. Alternate Certification 4. Reporting and Retention Requirements 5. Sample Type 6. Representative Discharge 7. Sampling Waiver 8. Quarterly Visual Examination of Storm Water Quality F. Regional Offices 1. Notice of Intent Address 2. EPA Regional Office Addresses and Contacts VII. Cost Estimates For Common Permit Requirements VIII. Special Requirements for Discharges Associated With Specific Industrial Activities IX. Summary of Responses to Comments on the Proposed MSGP X. Economic Impact (Executive Order 12866) XI. Unfunded Mandates Reform Act XII. Paperwork Reduction Act XIII. Regulatory Flexibility Act I. Background The Regional Administrators of EPA Regions 1, 2, 3, 4, 6, 8, 9 and 10 are today reissuing EPA's NPDES Storm Water Multi-Sector General Permit (MSGP). The MSGP currently authorizes storm water discharges associated with industrial activity for most areas of the United States where the NPDES permit program has not been delegated. The MSGP was originally issued on September 29, 1995 (60 FR 50804), and amended on February 9, 1996 (61 FR 5248), February 20, 1996 (61 FR 6412), September 24, 1996 (61 FR 50020), August 7, 1998 (63 FR 42534) and September 30, 1998 (63 FR 52430). The proposed reissuance of the MSGP appeared in the Federal Register on March 30, 2000 (65 FR 17010). The 1995 MSGP was the culmination of the group permit application process described at 40 CFR 122.26(c)(2). A group permit application was one of three options for obtaining an NPDES industrial storm water permit which were provided by the 1990 storm water permit application regulations (55 FR 48063). The 1990 regulations also provided that industrial facilities could apply for coverage under an existing general NPDES permit or apply for an individual permit. In 1992, EPA issued a baseline general permit (57 FR 41175 and 57 FR 44412) to cover industrial facilities which did not select the group application option or submit an application for an individual permit. In response to the group application option, EPA received applications from approximately 1,200 groups representing nearly all of the categories of industrial facilities listed in the storm water regulations at 40 CFR 122.26(b)(14). To facilitate permit issuance for the group applications, EPA consolidated the groups into 29 industrial sectors, with subsectors also included in certain sectors as appropriate. In developing the requirements for the 1995 MSGP, EPA utilized and built upon the storm water pollution control requirements of the 1992 baseline general permit. The baseline permit had required a storm water pollution prevention plan (SWPPP) with generic best management practice (BMP) requirements which applied to all facilities covered by the permit. In addition, certain categories of facilities were required to monitor storm water discharges based on EPA's best professional judgment concerning the risks posed by the facilities. The group permit applications included information concerning the specific types of operations which are present at the different types of industrial facilities, potential sources of pollutants at the facilities, industry-specific BMPs which are available, and monitoring data from the different types of facilities. Using this information, EPA developed SWPPP requirements for the MSGP which consisted of the generic requirements of the baseline permit plus industry-specific requirements developed from the group application information. Also, the monitoring requirements of the 1995 MSGP were developed using the monitoring data submitted with the group applications rather than EPA's best professional judgment. On September 30, 1998 (63 FR 52430), EPA terminated the baseline general permit and required facilities which were previously covered by the baseline permit to seek coverage under the MSGP (or submit an individual permit application). EPA believed that the MSGP, with its industry-specific requirements, would provide improved water quality benefits as compared to the baseline permit. For today's reissuance of the MSGP, EPA has re-evaluated the industry-specific requirements of the MSGP. In a few instances, additional requirements have been included based on new information which has been obtained since the original MSGP issuance in 1995. These changes are discussed in more detail in Section VIII of this fact sheet, and in the Response to Comments. EPA also re-evaluated the monitoring requirements of the existing MSGP. However, after review of the comments received from the public, and the monitoring data received during the term of the 1995 MSGP, EPA has retained the same monitoring requirements for the reissued MSGP as were found in the 1995 MSGP. A. Pollutants in Storm Water Discharges Associated With Industrial Activities in General The volume and quality of storm water discharges associated with industrial activity will depend on a number of factors, including the industrial activities occurring at the facility, the nature of the precipitation, and the degree of surface imperviousness. A discussion of these factors was provided in the fact sheet for the original proposed MSGP (58 FR 61146 Nov. 19, 1993), and is not being repeated here. B. Summary of Options for Controlling Pollutants Pollutants in storm water discharges from industrial plants may be reduced using the following methods: Eliminating pollution sources, implementing BMPs to prevent pollution, using traditional storm water management practices, and providing end-of-pipe treatment. A general discussion of each of these was included in the original proposed MSGP (58 FR 61146, Nov. 19, 1993), and is not being repeated here. C. The Federal/Municipal Partnership: The Role of Municipal Operators of Large and Medium Municipal Separate Storm Sewer Systems A key issue in developing a workable regulatory program for controlling pollutants in storm water discharges associated with industrial activity is the proper use and coordination of limited regulatory resources. This is especially important when addressing the appropriate role of municipal operators of large and medium municipal separate storm sewer systems in the control of pollutants in storm water associated with industrial activity which discharge through municipal separate storm sewer systems. The original proposed MSGP discussed several key policy factors (see 58 FR 61146). II. Organization of Final MSGP and Summary of Changes From the 1995 MSGP and the March 30, 2000 Proposed MSGP The organization of today's final MSGP has been revised from the 1995 MSGP to reduce the overall size of the permit. In Part XI of the 1995 MSGP, many requirements such as SWPPP and monitoring requirements which were common to each sector were repeated in each sector, greatly adding to length of the permit. For today's reissuance, such requirements are found only once in expanded sections of the permit (Parts 4 and 5) which include requirements common to each sector. Requirements which are genuinely unique to a given sector or subsector are found in Part 6 in the permit. Similarly, Section VIII of the fact sheet for the 1995 MSGP repeated certain explanatory information in the discussions of sector-specific requirements, and also included considerable descriptive information about the various sectors. To reduce the length of today's notice, most of this information is not being repeated. Section VIII of today's fact sheet focuses on the changes (if any) in the various sectors. The reorganization and reduction of duplication have reduced the size of the permit by approximately 75%. Also note that the section/paragraph identification scheme of today's final MSGP has been modified from the 1995 MSGP. The original scheme utilized a sometimes lengthy combination of numbers, letters and Roman numerals (in both upper and lower cases) which many permittees found confusing. Today's reissuance identifies sections/paragraphs, and hence permit conditions, using numbers only, except in Part 6 (which also incorporates the sector letters from the 1995 MSGP for consistency). Under the original permit, only the last digit or letter of the section/paragraph identifier appeared with its accompanying section title/paragraph, making it difficult to determine where you were in the permit. In today's reissuance, the entire string of identifying numbers is listed at each section/paragraph to facilitate recognizing where you are and in citing and navigating through the permit. For example, paragraph number 1.2.3.5 tells you immediately that you are in Part 1, section 2, paragraph 3, subparagraph 5; whereas under the 1995 MSGP you would only see an “e”, thereby forcing you to hunt back through the permit to determine that you were in Part I.B.3.e. The exception to the numbering rule is in Part 6, where the Sector letters from the 1995 MSGP have been retained to correspond to the sectors of industry covered by the permit and make it easy to tell that you are in a section of the permit which has conditions which only apply to a specific industrial sector. For example, paragraph 6.F.3.4 immediately tells you that you are in Part 6 and looking at conditions that only apply to sector “F” facilities. In some cases, requirements which previously appeared in a single paragraph are now found listed out as separate individual items. The final MSGP is also written in EPA's “readable regulations” style using terms like “you” and “your” in referring to permittees, etc. Following below is a list of the major changes included in the proposed MSGP of March 30, 2000 (as compared to the 1995 MSGP) and retained in today's final MSGP. These changes are discussed in more detail later in this fact sheet. 1. Requirements for co-located activities clarified (Part 1.2.1.1). 2. Incidental cooling tower mist discharges included as an authorized non-storm water discharge, subject to certain requirements (Parts 1.2.2.2.13 and 4.4.2.3). 3. Eligibility provided for coverage of inactive mining activities occurring on Federal Lands where an operator has not been identified (Part 1.2.3). 4. Clarified language for situations where a discharge previously covered by an individual permit can be covered under today's MSGP (Part 1.2.3.3). 5. Clarified/added language for compliance with water quality standards and requirements for follow-up actions if standards are exceeded (Parts 1.2.3.5 and 3.3). 6. ESA and NHPA eligibility requirements modified (Parts 1.2.3.6 and 1.2.3.7). 7. Eligibility requirements for discharges to water quality impaired/limited waterbodies added/clarified (Part 1.2.3.8). 8. Clarified that discharges which do not comply with anti-degradation requirements are not authorized by the permit (Part 1.2.3.9). 9. Deadline of 30 days for submission of an NOT added (Part 1.4.2). 10. Opportunity for termination of permit coverage based on the “no exposure exemption” from the Phase II storm water regulations (64 FR 68722, 12/8/99) added (Parts 1.5 and 11.4). 11. Notice of Intent requirements and modified form (Part 2.2 and Addendum D). 12. Permit will accommodate electronic filing of NOIs, NOTs, or DMRs, should these options become available during the term of the permit (Parts 2.3 and 7.1) 13. Prohibition on discharges of solid materials and floating debris and requirement to minimize off-site tracking of materials and generation of dust added (Part 4.2.7.2.3). 14. Requirement to include a copy of the permit with the storm water pollution prevention plan (SWPPP) was added (Part 4.7). 15. Special conditions for EPCRA 313 facilities were modified (Part 4.12). 16. Monitoring requirements reorganized and additional clarification/revisions on monitoring periods, waivers, default minimum monitoring for limitations added by State 401 certification, and reporting requirements added (Part 5). 17. Manufacturing of fertilizer from leather scraps (SIC 2873) moved from Sector Z—Leather Tanning and Finishing to Sector C—Chemical and Allied Products (Table 1-1 and Part 6.C). 18. New effluent limitations guidelines for landfills in Sectors K and L included; the final guidelines were published in the Federal Register on January 19, 2000 (65 FR 3007) (Parts 6.K.5 and 6.L.6). 19. Sector AD (Non-Classified Facilities) language clarified to say that facilities cannot choose coverage under Sector AD, but can only be so assigned by permitting authority (Part 6.AD). 20. Additional BMP requirements in Sectors S, T, and Y added (Parts 6.S, 6.T, and 6.Y). 21. NOI to continue coverage under the permit when it expires (without a replacement permit in place) is not required and the reapplication process has been clarified (Part 9.2). 22. Process for EPA to remove facilities from permit coverage clarified (Part 9.12). Following below is another list which summarizes the provisions of today's final MSGP which differ from the proposed MSGP of March 30, 2000. 1. Reference to “drinking fountain water” removed from Part 1.2.2.2.3. 2. Part 1.2.3.3.2.1 of the proposed MSGP was deleted. This requirement had not allowed MSGP coverage for facilities previously covered by another permit, unless the other permit only covered storm water and MSGP authorized non-storm water discharges. 3. Part 2.2.3.6 revised to indicate that the NOI must include the name of the MS4 receiving the discharges only if it is different from the permittee. 4. Part 4.9.3 revised to clarify the time frame for implementation of revised SWPPP. 5. Part 4.11 revised to require permittees to provide a copy of their SWPPP to the public when requested in writing to do so. 6. Sector E coverage was modified for consistency with the September 30, 1998 MSGP modification. 7. In Sector G, language was added stating that non-storm water discharges must be tested or evaluated; this change ensures consistency with the 1995 MSGP. Also in Sector G, the definition of “reclamation” was revised. 8. The title for Sector I was changed to include “Refining.” 9. Sector T revised for consistency with 40 CFR 122.26(b)(14)(ix) concerning size of POTWs covered. 10. Section V.C. deleted the requirement to consider species proposed for listing as endangered or threatened. III. Geographic Coverage of Final MSGP The geographic coverage of today's final MSGP includes the following areas: EPA Region 1 —for the States of Maine, Massachusetts and New Hampshire; for Indian Country lands located in Massachusetts, Connecticut, Rhode Island and Maine; and for Federal facilities in the State of Vermont. EPA Region 2 —for the Commonwealth of Puerto Rico. EPA Region 3 —for the District of Columbia and Federal facilities in the State of Delaware. EPA Region 4 —for Indian Country lands located in the State of Florida. EPA Region 6 —for the State of New Mexico; for Indian Country lands located in the States of Louisiana, New Mexico, Texas and Oklahoma (except Navajo lands and Ute Mountain Reservation lands); for oil and gas facilities under SIC codes 1311, 1381, 1382, and 1389 in the State of Oklahoma not on Indian Country lands; and oil and gas facilities under SIC codes 1311, 1321, 1381, 1382, and 1389 in the State of Texas not on Indian Country lands. EPA Region 8 —for Federal facilities in the State of Colorado; for Indian Country lands in Colorado, North Dakota, South Dakota, Wyoming and Utah (except Goshute and Navajo Reservation lands); for Ute Mountain Reservation lands in Colorado and New Mexico; and for Pine Ridge Reservation lands in South Dakota and Nebraska. EPA Region 9 —for the State of Arizona; for the Territories of Johnston Atoll, American Samoa, Guam, the Commonwealth of Northern Mariana Islands, Midway and Wake Islands; for Indian Country lands located in Arizona, California, and Nevada; and for the Goshute Reservation in Utah and Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona, the Duck Valley Reservation in Nevada and Idaho, and the Fort McDermitt Reservation in Oregon and Nevada. EPA Region 10 —for the State of Idaho; for Indian Country lands located in Alaska, Oregon (except Fort McDermitt Reservation lands), Idaho (except Duck Valley Reservation lands) and Washington; and for Federal facilities in Washington. For several reasons, the geographic area of coverage described above differs from the area of coverage of the 1995 MSGP. Indian country in Vermont and New Hampshire has been removed since there are no Federally recognized tribes in these States. Also, state NPDES permit programs have since been authorized in the States of South Dakota, Louisiana, Oklahoma (except for certain oil and gas facilities in Oklahoma) and Texas (again except for oil and gas facilities). In Oklahoma, EPA maintains NPDES permitting authority over oil and gas exploration and production related industries, and pipeline operations regulated by the Oklahoma Corporation Commission (See 61 FR 65049). Oklahoma received NPDES program authorization only for those discharges covered by the authority of the Oklahoma Department of Environmental Quality (ODEQ). In Texas, EPA maintains NPDES permitting authority over oil and gas discharges regulated by the Texas Railroad Commission (See 63 FR 51164). Texas received NPDES program authorization only for those discharges covered by the authority of the Texas Natural Resource Conservation Commission (TNRCC). Specific additional conditions required in Region 6 as a result of a State or Tribal CWA Section 401 certification have been added for New Mexico, Oklahoma, and the Pueblos of Isleta, Pojoaque, San Juan, and Sandia. Numeric limitations for discharges in Texas contained in the previous permit pursuant to 31 TAC 319.22 and 319.23 have been continued in accordance with 40 CFR 122.44(d) and (l). Federal facilities in Colorado, and Indian country located in Colorado (including the portion of the Ute Mountain Reservation located in New Mexico), North Dakota, South Dakota (including the portion of the Pine Ridge Reservation located in Nebraska), Utah (except for the Goshute and Navajo Reservation lands) and Wyoming were not included in the 1995 MSGP, but are included in today's MSGP. Indian country lands in Montana are not included at this time due to a recent court order. Prior to today, industrial facilities in these areas were largely covered under an extension of EPA's 1992 baseline general permit for industries (57 FR 41175). Also, subsequent to the issuance of the MSGP in 1995, coverage was extended to the Island of Guam on September 24, 1996 (61 FR 50020) and the Commonwealth of the Northern Mariana Islands on September 30, 1998 (63 FR 52430). Certification was not received from Arizona in time for that state to be included in this permit. The 1995 MSGP was issued in the State of Alaska, except Indian Country, on February 9, 1996 (61 FR 5247). Industrial facilities in Alaska outside of Indian Country will continue to be covered under the 1995 MSGP through February 9, 2001. EPA will reissue the permit for Alaska at a later date, and will include any state-specific modifications or additions or additions applicable to parts 1 through 12 of this permit as part of the State's Clean Water Act Section 401 or Coastal Zone Management Act certification processes. Lastly, today's MSGP reissuance differs from the March 30, 2000 MSGP proposal in that the State of Florida (except for Indian country) is not included. This is a result of the recent NPDES program delegation to the State of Florida. There are some areas where the NPDES permit program has not been delegated (such as Indian country in states not listed above) where neither the MSGP nor an alternate general permit is available for authorization of storm water discharges associated with industrial activity. However, only a very small number of permittees exist in such areas and individual permits are issued as needed. IV. Categories of Facilities Covered by the Final MSGP Today's final MSGP authorizes storm water discharges associated with industrial activity from the categories of facilities shown in Table 1 below: Table 1.—Sector/Subsectors Covered by the Final MSGP Subsector SIC code Activity represented Sector A. Timber Products 1* 2421 General Sawmills and Planning Mills. 2 2491 Wood Preserving. 3* 2411 Log Storage and Handling. 4* 2426 Hardwood Dimension and Flooring Mills. 2429 Special Product Sawmills, Not Elsewhere Classified. 2431-2439 (except 2434) Millwork, Veneer, Plywood, and Structural Wood. 2448, 2449 Wood Containers. 2451, 2452 Wood Buildings and Mobile Homes. 2493 Reconstituted Wood Products. 2499 Wood Products, Not Elsewhere Classified. Sector B. Paper and Allied Products Manufacturing 1 2611 Pulp Mills. 2 2621 Paper Mills. 3* 2631 Paperboard Mills. 4 2652-2657 Paperboard Containers and Boxes. 5 2671-2679 Converted Paper and Paperboard Products, Except Containers and Boxes. Sector C. Chemical and Allied Products Manufacturing 1* 2812-2819 Industrial Inorganic Chemicals. 2* 2821-2824 Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except Glass. 3 2833-2836 Medicinal chemicals and botanical products; pharmaceutical preparations,; invitro and invivo diagnostic substances; biological products, except diagnostic substances. 4* 2841-2844 Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations. 5 2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products. 6 2861-2869 Industrial Organic Chemicals. 7* 2873-2879 Agricultural Chemicals, Including Facilities that Make Fertilizer Solely from Leather Scraps and Leather Dust. 8 2891-2899 Miscellaneous Chemical Products. 9 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 Manufacturers and Lubricant Manufacturers. 1* 2951, 2952 Asphalt Paving and Roofing Materials. 2 2992, 2999 Miscellaneous Products of Petroleum and Coal. Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing 1 3211 Flat Glass. 3221, 3229 Glass and Glassware, Pressed or Blown. 3231 Glass Products Made of Purchased Glass. 3281 Cut Stone and Stone Products. 3291-3292 Abrasive and Asbestos Products. 3296 Mineral Wool. 3299 Nonmetallic Mineral Products, Not Elsewhere Classified. 2 3241 Hydraulic Cement. 3* 3251-3259 Structural Clay Products. 3261-3269 Pottery and Related Products. 3297 Non-Clay Refractories. 4* 3271-3275 Concrete, Gypsum and Plaster Products. 3295 Minerals and Earth's, Ground, or Otherwise Treated. Sector F. Primary Metals 1* 3312-3317 Steel Works, Blast Furnaces, and Rolling and Finishing Mills. 2* 3321-3325 Iron and Steel Foundries. 3 3331-3339 Primary Smelting and Refining of Nonferrous Metals. 4 3341 Secondary Smelting and Refining of Nonferrous Metals. 5* 3351-3357 Rolling, Drawing, and Extruding of Nonferrous Metals. 6* 3363-3369 Nonferrous Foundries (Castings). 7 3398, 3399 Miscellaneous Primary Metal Products. Sector G. Metal Mining (Ore Mining and Dressing) 1 1011 Iron Ores. 2* 1021 Copper Ores. 3 1031 Lead and Zinc Ores. 4 1041, 1044 Gold and Silver Ores. 5 1061 Ferroalloy Ores, Except Vanadium. 6 1081 Metal Mining Services. 7 1094, 1099 Miscellaneous Metal Ores. Sector H. Coal Mines and Coal Mining-Related Facilities NA* 1221-1241 Coal Mines and Coal Mining-Related Facilities Sector. Sector I. Oil and Gas Extraction and Refining 1* 1311 Crude Petroleum and Natural Gas. 2 1321 Natural Gas Liquids. 3* 1381-1389 Oil and Gas Field Services. 4 2911 Petroleum refining. Sector J. Mineral Mining and Dressing 1* 1411 Dimension Stone. 1422-1429 Crushed and Broken Stone, Including Rip Rap. 1481 Nonmetallic Minerals, Except Fuels. 2* 1442, 1446 Sand and Gravel. 3 1455, 1459 Clay, Ceramic, and Refractory Materials. 4 1474-1479 Chemical and Fertilizer Mineral Mining. 1499 Miscellaneous Nonmetallic Minerals, Except Fuels. Sector K. Hazardous Waste Treatment Storage or Disposal Facilities NA* HZ Hazardous Waste Treatment, Storage or Disposal. Sector L. Landfills and Land Application Sites NA* LF Landfills, Land Application Sites and Open Dumps. Sector M. Automobile Salvage Yards NA* 5015 Automobile Salvage Yards. Sector N. Scrap Recycling Facilities NA* 5093 Scrap Recycling Facilities. Sector O. Steam Electric Generating Facilities NA* SE Steam Electric Generating Facilities. Sector P. Land Transportation 1 4011, 4013 Railroad Transportation. 2 4111-4173 Local and Highway Passenger Transportation. 3 4212-4231 Motor Freight Transportation and Warehousing. 4 4311 United States Postal Service. 5 5171 Petroleum Bulk Stations and Terminals. Sector Q. Water Transportation NA* 4412-4499 Water Transportation. Sector R. Ship and Boat Building or Repairing Yards NA 3731, 3732 Ship and Boat Building or Repairing Yards. Sector S. Air Transportation Facilities NA* 4512-4581 Air Transportation Facilities. Sector T. Treatment Works NA* TW Treatment Works. Sector U. Food and Kindred Products 1 2011-2015 Meat Products. 2 2021-2026 Dairy Products. 3 2032 Canned, Frozen and Preserved Fruits, Vegetables and Food Specialties. 4* 2041-2048 Grain Mill Products. 5 2051-2053 Bakery Products. 6 2061-2068 Sugar and Confectionery Products. 7* 2074-2079 Fats and Oils. 8 2082-2087 Beverages. 9 2091-2099 Miscellaneous Food Preparations and Kindred Products. 2111-2141 Tobacco Products. Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing 1 2211-2299 Textile Mill Products. 2 2311-2399 Apparel and Other Finished Products Made From Fabrics and Similar Materials. 3131-3199 (except 3111) Leather Products. Sector W. Furniture and Fixtures NA 2511-2599 Furniture and Fixtures. 2434 Wood Kitchen Cabinets. Sector X. Printing and Publishing NA 2711-2796 Printing, Publishing and Allied Industries. Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries 1* 3011 Tires and Inner Tubes. 3021 Rubber and Plastics Footwear. 3052, 3053 Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting. 3061, 3069 Fabricated Rubber Products, Not Elsewhere Classified. 2 3081-3089 Miscellaneous Plastics Products. 3931 Musical Instruments. 3942-3949 Dolls, Toys, Games and Sporting and Athletic Goods. 3951-3955 (except 3952 as specified in Sector C) Pens, Pencils, and Other Artists' Materials. 3961, 3965 Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal. 3991-3999 Miscellaneous Manufacturing Industries. Sector Z. Leather Tanning and Finishing NA 3111 Leather Tanning and Finishing. Sector AA. Fabricated Metal Products 1* 3411-3499 Fabricated Metal Products, Except Machinery and Transportation Equipment and Cutting, Engraving and Allied Services. 3911-3915 Jewelry, Silverware, and Plated Ware. 2* 3479 Coating, Engraving, and Allied Services. Sector AB. Transportation Equipment, Industrial or Commercial Machinery NA 3511-3599 (except 3571-3579) Industrial and Commercial Machinery (except Computer and Office Equipment—see Sector AC). NA 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 NA 3612-3699 Electronic, Electrical Equipment and Components, Except Computer Equipment. 3812-3873 Measuring, Analyzing and Controlling Instrument; Photographic and Optical Goods, Watches and Clocks. 3571-3579 Computer and Office Equipment. Sector AD. Reserved for Facilities Not Covered Under Other Sectors and Designated by the Director * Denotes subsector with analytical (chemical) monitoring requirements. NA indicates those industry sectors in which subdivision into subsectors was determined to be not applicable. The final MSGP modification of September 30, 1998 (63 FR 52430) expanded the coverage of the 1995 MSGP to include a small number of categories of facilities which had been covered by the 1992 baseline industrial general permit but excluded from the MSGP. In Table 1 above, these categories have been included in the appropriate sectors/subsectors of the MSGP as determined by the September 30, 1998 modification. With the September 30, 1998 modification, EPA believes that the MSGP now covers all of the categories of industrial facilities which may discharge storm water associated with industrial activity as defined at 40 CFR 122.26(b)(14) (except construction activities disturbing five or more acres which are permitted separately). However, the September 30, 1998 modification also added another sector to the MSGP (Sector AD) to cover any inadvertent omissions. EPA has retained Sector AD in today's reissued MSGP. Sector AD is further intended to provide a readily available means for covering many of the storm water facilities which are designated for permitting in accordance with NPDES regulations at 40 CFR 122.26(g)(1)(i). These regulations provide that permit applications may be required within 180 days of notice for any discharges which contribute to a violation of a water quality standard, or are determined to be significant sources of pollutants. EPA also recognizes that a new North American Industry Classification System (NAICS) was recently adopted by the Office of Management and Budget (62 FR 17288, April 9, 1997). NAICS replaces the 1987 standard industrial classification (SIC) code system for the collection of statistical economic data. However, the use of the new system for nonstatistical purposes is optional. EPA considered the use of NAICS for the today's MSGP reissuance, but elected to retain the 1987 SIC code system since the storm water regulations (40 CFR 122.26(b)(14)) reference the previous system and this system has generally proven to be adequate for identifying the facilities covered by storm water regulations. EPA will consider transitioning to the new NAICS system in future rule making. V. Limitations on Coverage A. Storm Water Discharges Subject to Effluent Guideline Limitations, Including New Source Performance Standards The general prohibition on coverage of storm water subject to an effluent guideline limitation in the 1995 MSGP has been retained in today's MSGP reissuance. Only those storm water discharges subject to the following effluent guidelines are eligible for coverage (provided they meet all other eligibility requirements): Table 2.—Effluent Guidelines Applicable to Discharges That May be Eligible for Permit Coverage Effluent guideline New Source performance standards included in effluent guidelines? Sectors with affected facilities Runoff from material storage piles at cement manufacturing facilities [40 CFR Part 411 Subpart C (established February 23, 1977)] Yes E Contaminated runoff from phosphate fertilizer manufacturing facilities [40 CFR Part 418 Subpart A (established April 8, 1974)] Yes C Coal pile runoff at steam electric generating facilities [40 CFR Part 423 (established November 19, 1982)] Yes O Discharges resulting from spray down or intentional wetting of logs at wet deck storage areas [40 CFR Part 429, Subpart I (established January 26, 1981)] Yes A Mine dewatering discharges at crushed stone mines [40 CFR part 436, Subpart B] No J Mine dewatering discharges at construction sand and gravel mines [40 CFR part 436, Subpart C] No J Mine dewatering discharges at industrial sand mines [40 CFR part 436, Subpart D] No J Runoff from asphalt emulsion facilities [40 CFR Part 443 Subpart A (established July 24, 1975)]. Yes D Runoff from landfills, [40 CFR Part 445, Subpart A and B (established February 2, 2000.] Yes K & L Section 306 of the Clean Water Act (CWA) requires EPA to develop performance standards for all new sources described in that section. These standards apply to all facilities which go into operation after the date the standards are promulgated. Section 511(c) of the CWA requires the Agency to comply with the National Environmental Policy Act (NEPA) prior to issuance of a permit under the authority of Section 402 of the CWA to facilities defined as a new source under Section 306. The fact sheet for the 1995 MSGP described a process for ensuring compliance with NEPA for the MSGP (60 FR 50809). This process, which is repeated below, has been retained for the reissued MSGP. Additional guidance is found in a new Addendum C to the final MSGP. Facilities which are subject to the performance standards for new sources as described in this section of the fact sheet must provide EPA with an Environmental Information Document pursuant to 40 CFR 6.101 prior to seeking coverage under this permit. This information shall be used by the Agency to evaluate the facility under the requirements of NEPA in an Environmental Review. The Agency will make a final decision regarding the direct or indirect impact of the discharge. The Agency will follow all administrative procedures required in this process. The permittee must obtain a copy of the Agency's final finding prior to the submission of a Notice of Intent to be covered by this general permit. In order to maintain eligibility, the permittee must implement any mitigation required of the facility as a result of the NEPA review process. Failure to implement mitigation measures upon which the Agency's NEPA finding is based is grounds for termination of permit coverage. In this way, EPA has established a procedure which allows for the appropriate review procedures to be completed by this Agency prior to the issuance of a permit under Section 402 of the CWA to an operator of a facility subject to the new source performance standards of Section 306 of the CWA. EPA believes that it has fulfilled its requirements under NEPA for this Federal action under Section 402 of the CWA. B. Historic Preservation The National Historic Preservation Act (NHPA) requires Federal agencies to take into account the effects of Federal undertakings, including undertakings on historic properties that are either listed on, or eligible for listing on, the National Register of Historic Places. The term “Federal undertaking” is defined in the existing NHPA regulations to include any project, activity, or program under the direct or indirect jurisdiction of a Federal agency that can result in changes in the character or use of historic properties, if any such historic properties are located in the area of potential effects for that project, activity, or program. See 36 CFR 802(o). Historic properties are defined in the NHPA regulations to include prehistoric or historic districts, sites, buildings, structures, or objects that are included in, or are eligible for inclusion in, the National Register of Historic Places. See 36 CFR 802(e). Federal undertakings include EPA's issuance of general NPDES permits. In light of NHPA requirements, EPA included a provision in the eligibility requirements of the 1995 MSGP for the consideration of the effects to historic properties. That provision provided that an applicant is eligible for permit coverage only if: (1) the applicant's storm water discharges and BMPs to control storm water runoff do not affect a historic property, or (2) the applicant has obtained, and is in compliance with, a written agreement between the applicant and the State Historic Preservation Officer (SHPO) that outlines all measures to be taken by the applicant to mitigate or prevent adverse effects to the historic property. See Part I.B.6, 60 FR 51112 (September 29, 1995). When applying for permit coverage, applicants were required to certify in the NOI that they are in compliance with the Part I.B.6 eligibility requirements. Provided there are no other factors limiting permit eligibility, MSGP coverage was then granted 48 hours after the postmark on the envelope used to mail the NOI. The September 30, 1998 modification included two revisions of the original MSGP with respect to historic properties. First, EPA amended the original Part I.B.6.(ii) to include a reference to Tribal Historic Preservation Officers (THPOs) because MSGP coverage extends to Tribal lands and in recognition of the central role Tribal governments play in the protection of historic resources. Second, EPA included NHPA guidance and a list of SHPO and THPO addresses in a new Addendum I to the MSGP to assist applicants with the certification process for permit eligibility under this condition. For today's MSGP reissuance, EPA has modified slightly the requirements of the first option for obtaining permit coverage to enhance the protection of historic properties. Permit coverage is only available if storm water and allowable non-storm water discharges and “discharge-related activities” do not affect historic properties. “Discharge-related activities” are defined to include activities which cause, contribute to, or result in storm water and allowable non-storm water point source discharges, and measures such as the siting, construction and operation of BMPs to control, reduce or prevent pollution in the discharges. Discharge-related activities are included to ensure compliance with NHPA requirements to consider the effects of activities which are related to the activity which is permitted, i.e. , the storm water and non-storm water discharges. Because this change was minor, EPA is relying on its 1995 and 1998 consultations with the Advisory Council on Historic Preservation as its basis for reissuance of this permit. Also, as discussed in Section VI.A.1 below, EPA intends to modify, contingent upon Office of Management and Budget review and approval, the Notice of Intent form to require that operators identify which of the above two options they are using to ensure eligibility for permit coverage under the MSGP. The NHPA guidance has also been modified to reflect the above pending changes, and appears in Addendum B in today's notice rather than Addendum I. Until the revised form is approved and issued, the current form (with minor clarifications) remains in effect. Facilities seeking coverage under today's MSGP which cannot certify compliance with the NHPA requirements must submit individual permit applications to the permitting authority. For facilities already covered by the existing MSGP, the deadline for the individual applications is the same as that for NOIs requesting coverage under the reissued MSGP (December 29, 2000). C. Endangered Species The Endangered Species Act (ESA) of 1973 requires Federal Agencies such as EPA to ensure, in consultation with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (also known collectively as the “Services”), that any actions authorized, funded, or carried out by the Agency ( e.g. , EPA issued NPDES permits authorizing discharges to waters of the United States) are not likely to jeopardize the continued existence of any Federally-listed endangered or threatened species or adversely modify or destroy critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR 402 and 40 CFR 122.49(c)). For the 1995 MSGP, EPA conducted formal consultation with the Services which resulted in a joint Service biological opinion issued by the FWS on March 31, 1995, and by the NMFS on April 5, 1995, which concluded that the issuance and operation of the MSGP was not likely to jeopardize the existence of any listed endangered or threatened species, or result in the adverse modification or destruction of any critical habitat. The 1995 MSGP contained a number of conditions to protect listed species and critical habitat. Permit coverage was provided only where: • The storm water discharge(s), and the construction of BMPs to control storm water runoff, were not likely to jeopardize species identified in Addendum H of the permit; or • The applicant's activity had received previous authorization under the Endangered Species Act and established an environmental baseline that was unchanged; or, • The applicant was implementing appropriate measures as required by the Director to address jeopardy. For today's MSGP reissuance, EPA has modified the ESA-related requirements for obtaining permit coverage to enhance the protection of listed species. First, permit coverage is only available if storm water and allowable non-storm water discharges and “discharge-related activities” result in no jeopardy to listed species. “Discharge-related activities” are defined to include activities which cause, contribute to or result in storm water and allowable non-storm water point source discharges, and measures such as the siting, construction and operation of BMPs to control, reduce or prevent pollution in the discharges. Discharge-related activities are included for compliance with ESA requirements to consider the effects of activities which are related to the activity which is permitted, i.e. , the storm water and non-storm water discharges. In addition, operators seeking coverage under the reissued MSGP must certify that they are eligible for coverage under one of the following five options which are provided in Parts 1.2.3.6.3.1 through 5 of the permit: 1. No endangered or threatened species or critical habitat are in proximity to the facility or the point where authorized discharges reach the receiving water; or 2. In the course of a separate federal action involving the facility ( e.g. , EPA processing request for an individual NPDES permit, issuance of a CWA Section 404 wetlands dredge and fill permit, etc.), formal or informal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service under Section 7 of the ESA has been concluded and that consultation: (a) addressed the effects of the storm water and allowable non-storm water discharges and discharge-related activities on listed species and critical habitat and (b) the consultation resulted in either a no jeopardy opinion or a written concurrence by the Service(s) on a finding that the storm water and allowable non-storm water discharges and discharge-related activities are not likely to jeopardize listed species or critical habitat; or 3. The activities are authorized under Section 10 of the ESA and that authorization addresses the effects of the storm water and allowable non-storm water discharges and discharge-related activities on listed species and critical habitat; or 4. Using due diligence, the operator has evaluated the effects of the storm water discharges, allowable non-storm water discharges, and discharge-related activities on listed endangered or threatened species and critical habitat and does not have reason to believe listed species or critical habitat would be jeopardized; or 5. The storm water and allowable non-storm water discharges and discharge-related activities were already addressed in another operator's certification of eligibility under Part 1.2.3.6.3.1 through 1.2.3.6.3.4 which included the facility's activities. By certifying eligibility under this Part, a permittee agrees to comply with any measures or controls upon which the other operator's certification was based. The first four options listed above are similar to the eligibility provisions of the 1995 MSGP. Option 5 was added to account for situations such as an airport facility where one operator ( e.g. , the airport authority) may have covered the entire airport through its certification. Option 5 allows other operators to take advantage of such a certification without repeating the reviews conducted by the first operator. Option 1 applies to operators who are not jeopardizing endangered species because listed species simply are not in proximity to their facility. Option 4 applies to operators who have endangered species nearby and must look more closely at potential jeopardy and may need to adopt measures to reduce the risk of jeopardy to listed species or critical habitat. The provision of the two options to determine that a facility is unlikely to jeopardize listed species, coupled with the pending new NOI requirement to indicate whether or not the Service was contacted in making the determination, will also allow for better oversight of the permit. Under the 1995 permit, there was no way to tell from the NOI information whether the decision on eligibility was due to no species in the county, a discussion with the Service, or a simple unilateral decision by the operator. Addendum H of the 1995 MSGP provided instructions to assist permittees in determining whether they met the permit's ESA-related eligibility requirements. For today's reissued MSGP, this guidance has been updated to reflect the above requirements and appears as Addendum A. As noted in Section VI.A.1 below, EPA intends to modify the Notice of Intent form to conform with new ESA requirements discussed above. Addendum H of the 1995 MSGP contained a list of proposed and listed endangered and threatened species that could be jeopardized by the discharges and measures to control pollutants in the discharges. EPA reinitiated and completed formal consultation with the Services for the September 30, 1998 modification of the MSGP. As a result of this consultation and in response to public comments on the modification, EPA updated the species list in Addendum H to include species that were listed or proposed for listing since the Addendum H list was originally compiled on March 31, 1995. EPA also decided to expand the list to include all of the terrestrial ( i.e. , non-aquatic) listed and proposed species in recognition that those species may be impacted by permitted activities such as the construction and operation of the BMPs. The September 30, 1998 MSGP modification included the species list updated as of July 8, 1998 (63 FR 52494). The species list is also being updated on a regular basis and an electronic copy of the list is available at the Office of Wastewater Management website at “http://www.epa.gov/owm/esalst2.htm”. The information may also be obtained by contacting the Services. The permittee is responsible for obtaining the updated information. Based on comments received on the proposed MSGP on March 30, 2000 (65 FR 17010), the final permit requires facility operators to consider only listed endangered or threatened species, and not species proposed to be listed. Further explanation for the change can be found in Section IX of this notice. On August 10, 2000, EPA initiated informal consultation with FWS and NMFS on EPA's finding of no likelihood of adverse effect on threatened and endangered species and critical habitat resulting from issuance of MSGP-2000. On September 22, 2000 FWS concurred with EPA's finding. To be eligible for coverage under today's reissued MSGP, facilities must review the updated list of species and their locations in conjunction with the Addendum A instructions for completing the application requirements under this permit. If an applicant determines that none of the species identified in the updated species list is found in the county in which the facility is located, then there is a likelihood of no jeopardy and they are eligible for permit coverage. Applicants must then certify that their storm water and allowable non-storm water discharges, and their discharge-related activities, are not likely to jeopardize species and will be granted MSGP permit coverage 48 hours after the date of the postmark on the envelope used to mail the NOI form, provided there are no other factors limiting permit eligibility. If listed species are located in the same county as the facility seeking MSGP coverage, then the applicant must determine whether the species are in proximity to the storm water or allowable non-storm water discharges or discharge-related activities at the facility. A species is in proximity to a storm water or allowable non-storm water discharge when the species is located in the path or down gradient area through which or over which the point source discharge flows from industrial activities to the point of discharge into the receiving water, and once discharged into the receiving water, in the immediate vicinity of, or nearby, the discharge point. A species is also in proximity if it is located in the area of a site where discharge-related activities occur. If an applicant determines there are no species in proximity to the storm water or allowable non-storm water discharges, or discharge-related activities, then there is no likelihood of jeopardizing the species and the applicant is eligible for permit coverage. If species are in proximity to the storm water or allowable non-storm water discharges or discharge-related activities, as long as they have been considered as part of a previous ESA authorization of the applicant's activity, and the environmental baseline established in that authorization is unchanged, the applicant may be covered under the permit. The environmental baseline generally includes the past and present impacts of all Federal, state and private actions that were occurring at the time the initial NPDES authorization and current ESA section 7 action by EPA or any other federal agency was taken. Therefore, if a permit applicant has received previous authorization and nothing has changed or been added to the environmental baseline established in the previous authorization, then coverage under this permit will be provided. In the absence of such previous authorization, if species identified in the updated species list are in proximity to the discharges or discharge-related activities, then the applicant must determine whether there is any likely jeopardy to the species. This is done by the applicant conducting a further examination or investigation, or an alternative procedure, as described in the instructions in Addendum A of the permit. If the applicant determines that there is no likely jeopardy to the species, then the applicant is eligible for permit coverage. If the applicant determines that there likely is, or will likely be any jeopardy, then the applicant is not eligible for MSGP coverage unless or until he or she can meet one of the other eligibility conditions. All dischargers applying for coverage under the MSGP must provide in the application information on the Notice of Intent form: (1) A determination as to whether there are any listed species in proximity to the storm water or allowable non-storm water discharges or discharge related activity, and (2) (when EPA receives approval from the Office of Management and Budget and issues the revised form) an indication of which option under Part 1.2.3.6.3 of the MSGP they claim eligibility for permit coverage, and (3) a certification that their storm water and allowable non-storm water discharges and discharge-related activities are not likely to jeopardize listed species, or are otherwise eligible for coverage due to a previous authorization under the ESA. Coverage is contingent upon the applicant's providing truthful information concerning certification and abiding by any conditions imposed by the permit. Dischargers who cannot determine if they meet one of the endangered species eligibility criteria cannot sign the certification to gain coverage under the MSGP and must apply to EPA for an individual NPDES storm water permit. For facilities already covered by the 1995 MSGP, the deadline for the individual applications is the same as that for NOIs requesting coverage under the reissued MSGP (December 29, 2000). As appropriate, EPA will conduct ESA section 7 consultation when issuing such individual permits. Regardless of the above conditions, EPA may require that a permittee apply for an individual NPDES permit on the basis of possible jeopardy to species or critical habitats. Where there are concerns that coverage for a particular discharger is not sufficiently protective of listed species, the Services (as well as any other interested parties) may petition EPA to require that the discharger obtain an individual NPDES permit and conduct an individual section 7 consultation as appropriate. In addition, the Assistant Administrator for Fisheries for the National Oceanic and Atmospheric Administration, or his/her authorized representative, or the U.S. Fish and Wildlife Service (as well as any other interested parties) may petition EPA to require that a permittee obtain an individual NPDES permit. The permittee is also required to make the SWPPP, annual site compliance inspection report, or other information available upon request to the Assistant Administrator for Fisheries for the National Oceanic and Atmospheric Administration, or his/her authorized representative, or the U.S. Fish and Wildlife Service Regional Director, or his/her authorized representative. These mechanisms allow for the broadest and most efficient coverage for the permittee while still providing for the most efficient protection of endangered species. They significantly reduce the number of dischargers that must be considered individually and therefore allow the Agency and the Services to focus their resources on those discharges that are indeed likely to jeopardize listed species. Straightforward mechanisms such as these allow applicants more immediate access to permit coverage, and eliminates “permit limbo” for the greatest number of permitted discharges. At the same time it is more protective of endangered species because it allows both agencies to focus on the real problems, and thus, provide endangered species protection in a more expeditious manner. D. New Storm Water Discharges to Water Quality-Impaired or Water Quality-Limited Receiving Waters Today's final MSGP includes a new provision (Part 1.2.3.8) which establishes eligibility conditions with regard to discharges to water quality-limited or water quality-impaired waters. For the purposes of this permit, “water quality-impaired” refers to a stream, lake, estuary, etc. that is not currently meeting its assigned water quality standards. These waters are also referred to as “303(d) waters” due to the requirement under that section of the CWA for States to periodically list all state waters that are not meeting their water quality standards. “Water quality-limited waters” refers to waterbodies for which a State had to develop individual Total Maximum Daily Loads (TMDLs), a tool which helps waterbodies meet their water quality standards. 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. Water quality standards are set by States, Territories, and Tribes. They identify the uses for each waterbody, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. The CWA, section 303, establishes the water quality standards and TMDL programs. Prior to submitting a Notice of Intent, any new discharger (see 40 CFR 122.2) to a 303(d) waterbody must be able to demonstrate compliance with 40 CFR 122.4(i). In essence, you are a new discharger if your facility started discharging after August 13, 1979 and your storm water was not previously permitted. Any discharger to a waterbody for which there is an approved TMDL must confirm that the TMDL allocated a portion of the load for storm water point source discharges. These provisions apply only to discharges containing the pollutant(s) for which the waterbody is impaired or the TMDL developed. Part 1.2.3.8.1 (which applies to new storm water discharges and not to existing discharges) is designed to better ensure compliance with NPDES regulations at 40 CFR 122.4(i), which include certain special requirements for new discharges into impaired waterbodies. Lists of impaired waterbodies (sometimes referred to as 303(d) waterbodies) may be obtained from appropriate State environmental offices or their internet sites. NPDES regulations at 40 CFR 122.4(i) prohibit discharges unless it can be shown that: 1. There are sufficient remaining pollutant load allocations to allow for the discharge; and 2. The existing dischargers into that segment are subject to compliance schedules designed to bring the segments into compliance with applicable water quality standards. Part 1.2.3.8.2 (which applies to both new and existing storm water discharges) is designed to better ensure compliance with NPDES regulations at 40 CFR 122.4(d), which requires compliance with State water quality standards. The eligibility condition prohibits coverage of new or existing discharges of a particular pollutant where there is a TMDL, unless the discharge is consistent with the TMDL. Lists of waterbodies with TMDLs may be obtained from appropriate State environmental offices or their internet sites and from EPA's TMDL internet site at http://www.epa.gov/owow/tmdl/index.html . E. Storm Water Discharges Subject to Anti-Degradation Provisions of Water Quality Standards Part 1.2.3.9 of today's final MSGP includes a new provision which clarifies that discharges which do not comply with applicable anti-degradation provisions of State water quality standards are not eligible for coverage under the MSGP. This eligibility condition is designed to better ensure compliance with NPDES regulations at 40 CFR 122.4(d), which requires compliance with State water quality standards. Anti-degradation provisions may be obtained from the appropriate State environmental office or their internet sites. F. Storm Water Discharges Previously Covered by an Individual Permit The 1995 MSGP contained general prohibitions on coverage where a discharge was covered by another NPDES permit (Part I.B.3.d) and where a permit had been terminated other than at the request of the permittee (Part I.B.3.e.). It was therefore possible to obtain coverage by requesting termination of an individual permit and then submitting an NOI for coverage under the MSGP. This could be desirable from both the discharger's and EPA's perspective for a variety of reasons, for example, where a wastewater permit included storm water outfalls, but the wastewater outfalls had been eliminated. Being able to use the general permit would reduce the application cost to the permittee and the administrative burden of permit issuance to the Agency. Today's permit clarifies the conditions under which transfer from an individual permit to this general permit would be acceptable (Part 1.2.3.3.2). In order to avoid conflict with the anti-backsliding provisions of the CWA, transfer from an individual permit to the MSGP will only be allowed where both of the following conditions are met: • The individual permit did not contain numeric water quality-based effluent limitations developed for the storm water component of the discharge; and • The permittee includes any specific BMPs for storm water required under the individual permit in their storm water pollution prevention plan. Implementation of a comprehensive Storm Water Pollution Prevention Plan for the entire facility (as opposed to selected outfalls in an individual permit) and compliance with all other conditions of the MSGP is deemed to be at least as stringent a technology-based permit limit as the conditions of the individual permit. This assumption is only made where the previous permit did not contain any specific water quality-based effluent limitations on storm water discharges (e.g., storm water contained high levels of zinc and the individual permit contained a zinc limit developed to ensure compliance with the State water quality criteria). G. Requiring Coverage Under an Individual Permit or an Alternate General Permit Part 9.12 of today's final MSGP provides that EPA may require an individual permit or coverage under a separate general permit instead of today's MSGP. This is in accord with NPDES regulations at 40 CFR 122.28(b)(3). These regulations also provide that any interested party may petition EPA to take such an action. The issuance of the individual permit or alternate general permit would be in accordance with 40 CFR Part 124 and would provide for public comment and appeal of any final permit decision. The circumstances in which such an action would be taken are set forth at 40 CFR 122.28(b)(3). VI. Summary of Common Permit Conditions The following section describes the permit conditions common to discharges from all the industrial activities covered by today's final MSGP. These conditions are largely the same as the conditions of the 1995 MSGP. A. Notification Requirements General permits for storm water discharges associated with industrial activity must require the submission of a Notice of Intent (NOI) prior to the authorization of such discharges (see 40 CFR 122.28(b)(2)(i), April 2, 1992 (57 FR 11394)). Consistent with these regulatory requirements, today's final MSGP establishes NOI requirements. These requirements apply to facilities currently covered by the 1995 MSGP, as well as new facilities seeking coverage. EPA made minor modifications to the NOI form to allow the discharger, the Agency and the public to more easily determine sector-specific conditions that will apply to the facility. Further modifications proposed on March 30, 2000 (65 FR 17010) require review and approval by the Office of Management and Budget under the Paperwork Reduction Act. EPA will have all appropriate approvals in place prior to requiring the use of the expanded NOI form. In the interim the NOI form with the minor modifications, contained in this notice, is in effect. The information requirements of the revised NOI form are described below: 1. Content of NOI a. An indication of which permit the operator is filing the NOI for (e.g., a facility in New Hampshire would be filing for coverage under permit NHR05*###, a facility located on Navajo Reservation lands in New Mexico under the AZR05*##I permit, a private contractor operating a federal facility in Colorado that is not located on Indian Country lands under the COR05*##F permit, etc.); b. The name, address, and telephone number of the operator filing the NOI for permit coverage; c. An indication of whether the owner of the site is a Federal, State, Tribal, private, or other public entity; d. The name (or other identifier), address, county, and latitude/longitude of the facility for which the NOI is submitted (latitude/longitude will be accepted in either degree-minute-second or decimal format); e. An indication of whether the facility is located on Indian Country lands; f. An indication of whether the facility is a federal facility operated by the federal government; g. The name of the receiving water(s); h. The name of the municipal operator if the discharge is through a municipal separate storm sewer system prior to discharge to a water of the U.S.; i. Up to four 4-digit Standard Industrial Classification (SIC) codes that best represent the principal products produced or services rendered, including hazardous waste treatment, storage, or disposal activities, land disposal facilities that receive or have received any industrial waste, steam electric power generating facilities, or treatment works treating domestic sewage; j. Identification of applicable sector(s) in this permit, as designated in Table 1, for facility discharges associated with industrial activity the operator wishes to have covered under this permit; k. Certification that a storm water pollution prevention plan (SWPPP) meeting the requirements of Part 4 has been developed (with a copy of the permit language in the SWPPP); l. Based on the instructions in Addendum A, whether any listed threatened or endangered species, or designated critical habitat, are in proximity to the storm water discharges or storm water discharge-related activities to be covered by this permit; m. Whether any historic property listed or eligible for listing on the National Register of Historic Places is located on the facility or in proximity to the discharge; n. A signed and dated certification, signed by a authorized representative of the facility as detailed in Part 9.7 and maintained with the SWPPP that certifies the following: I certify under penalty of law that I have read and understand the Part 1.2 eligibility requirements for coverage under the multi-sector storm water general permit including those requirements relating to the protection of endangered or threatened species or critical habitat. To the best of my knowledge, the storm water and allowable non-storm discharges authorized by this permit (and discharged related activities), are not likely and will not likely, jeopardize endangered or threatened species or critical habitat, or are otherwise eligible for coverage under Part 1.2.3.6 of the permit. To the best of my knowledge, I further certify that such discharges and discharge related activities do not have an effect on properties listed or eligible for listing on the National Register of Historic Places under the National Historic Preservation Act, or are otherwise eligible for coverage under Part 1.2.3.7 of the permit. I understand that continued coverage under the multi-sector storm water general permit is contingent upon maintaining eligibility as provided for in Part 1.2. Two additional components of the form pending approval by the Office of Management and Budget are: a. under which Part(s) of Part 1.2.3.6 (Endangered Species) the applicant is certifying eligibility and whether the FWS or NMFS was involved in making the determination of eligibility; b. under which Part(s) of Part 1.2.3.7 (Historic Properties) the applicant is certifying eligibility and whether the SHPO or THPO was involved in the determination of eligibility. The NOI must be signed in accordance with the signatory requirements of 40 CFR 122.22. A complete description of these signatory requirements is provided in the instructions accompanying the NOI. Completed NOI forms must be submitted to the Storm Water Notice of Intent (4203), 1200 Pennsylvania Avenue NW., Washington, DC 20460. In the future (but not at the present time), EPA may also allow alternate means of NOI submission (such as electronic submission). An alternate means of NOI submission may be used by operators provided EPA has informed the operator of the acceptability of the alternative. 2. Deadlines For facilities currently covered by the 1995 MSGP, the deadline for submission of an NOI requesting coverage under the reissued MSGP is January 29, 2001 (90 days after expiration of the 1995 MSGP). For these facilities, the requirements of the 1995 MSGP are incorporated into today's MSGP and continue to apply during the interim period subsequent to the expiration of the 1995 MSGP, but prior to submission of the NOI requesting coverage under the reissued MSGP. In response to a question from some permittees, EPA wishes to clarify that there is no need to submit an NOT to rescind coverage under the 1995 MSGP. Facilities currently covered by the 1995 MSGP who cannot immediately determine if they are eligible for coverage under today's reissued MSGP may nevertheless be covered for up to 270 days provided an application for an alternative permit is submitted within 90 days. This interim coverage allows permit coverage while the permittee assesses his eligibility for the reissued MSGP and, if necessary, still meet the 180 day lead time required for applications for individual permits. For facilities commencing operations after reissuance of the MSGP, the NOI must be submitted at least two days prior to the commencement of the new industrial activity. New operators of existing facilities must also submit the NOI at least two days prior to assuming operational control at existing facilities. Dischargers who submit a complete NOI in accordance with the MSGP requirements are authorized to discharge storm water associated with industrial activity two days after the date the NOI is postmarked, unless otherwise notified by EPA. EPA may deny coverage under the MSGP and require submission of an individual NPDES permit application based on a review of the completeness and/or content of the NOI or other information (e.g., Endangered Species Act compliance, National Historic Preservation Act Compliance, water quality information, compliance history, history of spills, etc.). Where EPA requires a discharger authorized under the MSGP to apply for an individual NPDES permit (or an alternative general permit), EPA will notify the discharger in writing that a permit application (or different NOI) is required by an established deadline. Coverage under the MSGP will automatically terminate if the discharger fails to submit the required permit application in a timely manner. Where the discharger does submit a requested permit application, coverage under the MSGP will automatically terminate on the effective date of the issuance or denial of the individual NPDES permit or the alternative general permit as it applies to the individual permittee. A discharger is not precluded from submitting an NOI at a later date than described above. However, in such instances, EPA may bring appropriate enforcement actions. 3. Municipal Separate Storm Sewer System Operator Notification Operators of storm water discharges associated with industrial activity that discharge through a large or medium municipal separate storm sewer system (MS4) or a municipal system designated by the Director, 1 must (upon request of the MS4 operator) submit a copy of the NOI to the municipal operator of the system receiving the discharge. This requirement of today's MSGP differs from the 1995 MSGP which had required that a copy of the NOI be sent to the MS4 operator. Today's MSGP has been modified in this regard to reduce paperwork requirements, and in consideration of the fact that most large and medium MS4 operators already have good information concerning the industrial facilities discharging into their MS4s. 1 The terms large and medium municipal separate storm sewer systems (systems serving a population of 100,000 or more) are defined at 40 CFR 122.26(b)(4) and (7). Some of the cities and counties in which these systems are found are listed in Appendices F, G, H, and I to 40 CFR Part 122. Other municipal systems have been designated by EPA on a case-by-case basis or have brought into the program based upon the 1990 Census. EPA wishes to ensure a coordinated program between EPA and operators of MS4s for controlling pollutants in storm water discharges associated with industrial activity which enter an MS4. Such a coordinated program was intended by EPA's original storm water permit application regulations of November 16, 1990 (55 FR 48063). Additional discussion of this matter can be found in the original proposed MSGP (58 FR 61146). 4. Notice of Termination Where a discharger is able to eliminate the storm water discharges associated with industrial activity from a facility, the discharger may submit a Notice of Termination (NOT) form (or photocopy thereof) provided by the Director. Today's final MSGP also differs from the 1995 MSGP by requiring that an NOT be submitted within 30 days after one or both of the following two conditions having been met: a. a new owner/operator has assumed responsibility for the facility; or b. the permittee has ceased operations at the facility and there no longer are discharges of storm water associated with industrial activity from the facility; A copy of the NOT and instructions for completing the NOT are included in Addendum E. The NOT form requires the following information: a. Name, mailing address, and location of the facility for which the notification is submitted. Where a street address for the site is not available, the location of the approximate center of the site must be described in terms of the latitude and longitude to the nearest 15 seconds, or the section, township and range to the nearest quarter; b. The name, address and telephone number of the operator addressed by the Notice of Termination; c. The NPDES permit number for the storm water discharge associated with industrial activity identified by the NOT; d. An indication of whether the storm water discharges associated with industrial activity have been eliminated or the operator of the discharges has changed; and e. The following certification: I certify under penalty of law that all storm water discharges associated with industrial activity from the identified facility that are authorized by an NPDES general permit have been eliminated or that I am no longer the operator of the industrial activity. 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 an NPDES permit. I also understand that the submission of this notice of termination does not release an operator from liability for any violations of this permit or the Clean Water Act. NOTs are to be sent to the Storm Water Notice of Termination (4203), 1200 Pennsylvania Avenue NW., Washington, DC 20460. The NOT must be signed in accordance with the signatory requirements of 40 CFR 122.22. A complete description of these signatory requirements is provided in the instructions accompanying the NOT. 5. Conditional Exclusion for No Exposure Today's final MSGP includes a special provision (Part 1.5 of the permit) which provides that a facility may discontinue permit coverage if the facility determines that it is eligible for the “no exposure” permit exemption which was created by EPA as part of the promulgation of the Phase II storm water regulations (64 FR 68722). A notice of termination is not required to discontinue permit coverage under these circumstances. However, in accordance with the Phase II regulations, a no exposure certification must be filed with the permitting authority. It should also be noted that facilities operating under the existing MSGP are eligible, as of the effective date of the Phase II regulations, to submit no exposure certifications immediately if they meet the criteria for no exposure. No exposure certification renewals must be submitted five years from the time they are first submitted (assuming the facility still qualifies for the exemption). If conditions change at a facility such that renewed MSGP coverage is needed, the facility may submit an NOI requesting renewed coverage. In response to comments on this matter, EPA has included a copy of the “No Exposure” form and instructions as Addendum F to today's permit. EPA has also prepared a new guidance document entitled “Guidance Manual for Conditional Exclusion from Storm Water Permitting Based on “No Exposure” of Industrial Activities to Storm Water” to assist permittees in determining eligibility for the exemption. This guidance document is available on EPA's storm water website. In addition, EPA recently conducted a mass mailing to permittees (as well as other stakeholder groups) alerting them to the no exposure exemption. B. Special Conditions The conditions of today's final MSGP have been designed to comply with the technology-based standards of the CWA (BAT/BCT). Based on a consideration of the appropriate factors for BAT and BCT requirements, and a consideration of the factors and options for controlling pollutants in storm water discharges associated with industrial activity, the final MSGP lists a set of tailored requirements for developing and implementing storm water pollution prevention plans (SWPPPs) and, for selected discharges, numeric effluent limitations. 2 This is the same approach as in the 1995 MSGP. 2 Section 9.12.2 of the final MSGP provides that facility operators with storm water discharges associated with industrial activity who, based on an evaluation of site specific conditions, believe that the appropriate conditions of this permit do not adequately represent BAT and BCT requirements for the facility may submit to the Director an individual application (Form 1 and Form 2F). A detailed explanation of the reasons why the conditions of the available general permits do not adequately represent BAT and BCT requirements for the facility as well as any supporting documentation must be included. Section VIII of the fact sheet for the 1995 MSGP summarized the industry-specific BMP options for controlling pollutants in storm water discharges associated with industrial activity for the various industrial sectors covered by the MSGP. Section VIII of today's fact sheet does not repeat the information from the 1995 fact sheet; however, updates are provided as appropriate. Section VI.B.4 of today's fact sheet discusses the storm water discharges which are subject to numeric effluent limitations. For other discharges covered by the final MSGP, the permit conditions reflect EPA's decision to identify a number of BMP and traditional storm water management practices which prevent pollution in storm water discharges as the BAT/BCT level of control for the majority of storm water discharges covered by this permit. The permit conditions applicable to these discharges are not numeric effluent limitations, but rather are flexible requirements for developing and implementing site specific plans to minimize and control pollutants in storm water discharges associated with industrial activity. EPA is authorized under 40 CFR 122.44(k)(2) to impose BMPs in lieu of numeric effluent limitations in NPDES permits when the Agency finds numeric effluent limitations to be infeasible. EPA may also impose BMPs which are “reasonably necessary * * * to carry out the purposes of the Act” under 40 CFR 122.44(k)(3). Both of these standards for imposing BMPs were recognized in NRDC v. Costle, 568 F.2d 1369, 1380 (D.C. Cir. 1977). The conditions in today's final MSGP are issued under the authority of both of these regulatory provisions. The pollution prevention or BMP requirements in today's final MSGP operate as limitations on effluent discharges that reflect the application of BAT/BCT. This is because the BMPs identified require the use of source control technologies which, in the context of the MSGP, are the best available of the technologies economically achievable (or the equivalent BCT finding). See NRDC v. EPA, 822 F.2d 104, 122-23 (D.C. Cir. 1987) (EPA has substantial discretion to impose nonquantitative permit requirements pursuant to Section 402(a)(1)). See also EPA's memorandum of August 1, 1996 entitled “Interim Permitting Approach for Water Quality-Based Effluent Limitations for Storm Water Discharges.” 1. Prohibition of Non-storm Water Discharges Today's final MSGP includes basically the same provisions pertaining to non-storm water discharges as the 1995 MSGP. Like the 1995 MSGP, today's MSGP does not authorize non-storm water discharges that are mixed with storm water except as provided below. Today's MSGP does authorize one additional non-storm water discharge: mist discharges which originate from cooling towers and which are deposited at an industrial facility and may be discharged. During the term of the 1995 MSGP, these discharges were brought to the attention of EPA with a request that the discharges be authorized under the reissued MSGP. The mist discharges are authorized under today's MSGP provided: a. The permittee has evaluated the potential for the discharges to be contaminated by chemicals used in the cooling tower and determined that the levels of such chemicals in the discharges would not cause or contribute to a violation of an applicable water quality standard; and b. The permittee has addressed this source of pollutants with appropriate BMPs in the SWPPP. The other non-storm water discharges that are authorized under today's final MSGP are the same as those in the 1995 MSGP and include discharges from fire fighting activities; fire hydrant flushings; potable water sources, including waterline flushings; irrigation drainage; lawn watering; routine external building washdown without detergents; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; air conditioning condensate; compressor condensate; uncontaminated ground water or spring water; and foundation or footing drains where flows are not contaminated with process materials such as solvents that are combined with storm water discharges associated with industrial activity. In response to a comment, the final MSGP includes “potable water sources, including waterline flushings” on the list of authorized non-storm water discharges, but deletes the reference to “drinking fountain water,” which a commenter felt could conflict with local ordinances. To be authorized under today's MSGP, these other sources of non-storm water (except flows from fire fighting activities) must be identified in the SWPPP prepared for the facility. (SWPPP requirements are discussed in more detail below). Where such discharges occur, the SWPPP must also identify and ensure the implementation of appropriate pollution prevention measures for the non-storm water component(s) of the discharge. Today's final MSGP does not require pollution prevention measures to be identified and implemented for non-storm water flows from fire-fighting activities because these flows will generally be unplanned emergency situations where it is necessary to take immediate action to protect the public. The prohibition of unpermitted non-storm water discharges in today's MSGP ensures that non-storm water discharges (except for those classes of non-storm water discharges that are conditionally authorized in Part 1.2.2.2 of the MSGP) are not inadvertently authorized by the permit. Where a storm water discharge is mixed with non-storm water that is not authorized by today's MSGP or another NPDES permit, the discharger should submit the appropriate application forms (Forms 1, 2C, and/or 2E) to gain permit coverage of the non-storm water portion of the discharge. 2. Releases of Reportable Quantities of Hazardous Substances and Oil As discussed below, today's final MSGP includes the same provisions pertaining to releases of reportable quantities of hazardous substances and oil as the 1995 MSGP. a. Today's final MSGP provides that the discharge of hazardous substances or oil from a facility must be eliminated or minimized in accordance with the SWPPP developed for the facility. Where a permitted storm water discharge contains a hazardous substance or oil in an amount equal to or in excess of a reporting quantity established under 40 CFR Part 117, or 40 CFR Part 302 during a 24-hour period, the following actions must be taken: (1) Any person in charge of the facility that discharges hazardous substances or oil is required to notify the National Response Center (NRC) (800-424-8802; in the Washington, DC, metropolitan area, 202-426-2675) in accordance with the requirements of 40 CFR Part 117, and 40 CFR Part 302 as soon as they have knowledge of the discharge. (2) The SWPPP for the facility must be modified within 14 calendar days of knowledge of the release to provide a description of the release, an account of the circumstances leading to the release, and the date of the release. In addition, the plan must be reviewed to identify measures to prevent the reoccurrence of such releases and to respond to such releases, and it must be modified where appropriate. (3) The permittee must also submit to EPA within 14 calendar days of knowledge of the release a written description of the release (including the type and estimate of the amount of material released), the date that such release occurred, the circumstances leading to the release, and steps to be taken to modify the SWPPP for the facility. b. Anticipated discharges containing a hazardous substance in an amount equal to or in excess of reporting quantities are those caused by events occurring within the scope of the relevant operating system. Facilities that have more than one anticipated discharge per year containing a hazardous substance in an amount equal to or in excess of a reportable quantity are required to: (1) Submit notifications of the first release that occurs during a calendar year (or for the first year of this permit, after submission of an NOI); and (2) Provide a written description in the SWPPP of the dates on which such releases occurred, the type and estimate of the amount of material released, and the circumstances leading to the releases. In addition, the SWPPP must address measures to minimize such releases. c. Where a discharge of a hazardous substance or oil in excess of reporting quantities is caused by a non-storm water discharge (e.g., a spill of oil into a separate storm sewer), that discharge is not authorized by the MSGP and the discharger must report the discharge as required under 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302. In the event of a spill, the requirements of Section 311 of the CWA and other applicable provisions of Sections 301 and 402 of the CWA continue to apply. This approach is consistent with the requirements for reporting releases of hazardous substances and oil that make a clear distinction between hazardous substances typically found in storm water discharges and those associated with spills that are not considered part of a normal storm water discharge (see 40 CFR 117.12(d)(2)(i)). 3. Co-located Industrial Facilities Like the 1995 MSGP, today's MSGP includes requirements pertaining to co-located industrial facilities. However, these requirements have been modified from the requirements of the 1995 MSGP to clarify their applicability. Co-located industrial activities occur when activities being conducted onsite fall into more than one of the categories of the industrial facilities listed in Part 1.2.1 of today's MSGP (e.g., a landfill at a wood treatment facility). Facilities operating under the 1995 MSGP have sometimes been unclear whether certain limited activities (e.g., minor vehicle maintenance activities at an industrial plant) would trigger the MSGP's requirements regarding 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 today's MSGP 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. In the event there truly are co-located activities at your facility, today's MSGP authorizes, as does the 1995 MSGP, all storm water discharges provided that your facility complies with all SWPPP and monitoring requirements for each co-located activity. By monitoring the discharges from the different industrial activities, you can better determine the effectiveness of your SWPPP for controlling all major pollutants of concern in your storm water discharges. However, if monitoring for the same parameter is required for more than one sector (and the different industrial activities drain to the same outfall), then only one sample analysis is required for that parameter. 4. Numeric Effluent Limitations Today's MSGP retains the numeric effluent limitations which were included in the 1995 MSGP, and also includes the effluent limitations guidelines which EPA recently finalized for certain storm water discharges from new and existing hazardous and non-hazardous landfills (65 FR 3007, January 19, 2000). The new effluent limitations guidelines for these landfills are discussed in more detail in the Sections VIII.K and L of this fact sheet (Special Requirements for Discharges Associated with Industry Activities). Today's MSGP retains the numeric effluent limitations from the 1995 MSGP for the following discharges: coal pile runoff (including runoff from steam electric power plants subject to 40 CFR Part 423 requirements), discharges from phosphate fertilizer manufacturing (40 CFR Part 418), asphalt paving and roofing emulsions (40 CFR Part 443), cement manufacturing materials storage pile runoff (40 CFR Part 411), and discharges resulting from the spray down of lumber and wood products storage yards (wet decking) (40 CFR Part 429). In addition, the final MSGP authorizes mine dewatering discharges from construction sand and gravel, industrial sand, and crushed stone facilities (40 CFR Part 436) in EPA Regions 1, 2, 3, 6, 8, 9, 10. The actual numeric effluent limitations can be found in Part 6 of the final MSGP. 5. Compliance with Water Quality Standards The 1995 MSGP does not specifically address compliance with water quality standards (WQS), other than to exclude from coverage discharges which may contribute to an exceedance of WQS. Today's final MSGP includes the same restriction on eligibility, and in Part 3.3 also includes certain requirements if exceedances occur for discharges covered by the MSGP. If a discharge authorized under the final MSGP is later discovered to cause, or have the reasonable potential to cause or contribute to, a violation of a WQS, the permitting authority will inform the permittee of the violation. The permittee must then take all necessary actions to ensure future discharges do not cause or contribute to the violation of WQS, and document these actions in the SWPPP. If violations remain or recur, coverage under the MSGP may be terminated by the permitting authority and an alternate permit issued. Today's final MSGP also clarifies that compliance with this requirement does not preclude enforcement actions as provided by the CWA for the underlying violation. C. Common Storm Water Pollution Prevention Plan (SWPPP) Requirements Like the 1995 MSGP, today's reissued MSGP requires that all facilities which intend to be covered by the MSGP for storm water discharges associated with industrial activity prepare and implement a SWPPP. The MSGP addresses pollution prevention plan requirements for a number of categories of industries. Following below is a discussion of the common permit requirements for all industries; special requirements for facilities subject to EPCRA Section 313 reporting requirements; and special requirements for facilities with outdoor salt storage piles. These are the permit requirements which apply to discharges associated with any of the industrial activities covered by today's final MSGP. These common requirements may be amended or further clarified in the industry-specific SWPPP requirements which are found in Part 6 of the final MSGP. These industry-specific requirements are additive for facilities where co-located industrial activities occur. The Storm Water Pollution Prevention Plan (SWPPP) approach in today's final MSGP focuses on two major objectives: (1) to identify sources of pollution potentially affecting the quality of storm water discharges associated with industrial activity from the facility; and (2) ensure implementation of measures to minimize and control pollutants in storm water discharges associated with industrial activity from the facility. The SWPPP requirements in today's final MSGP are intended to facilitate a process whereby the operator of the industrial facility thoroughly evaluates potential pollution sources at the site and selects and implements appropriate measures designed to prevent or control the discharge of pollutants in storm water runoff. The process involves the following four steps: (1) formation of a team of qualified plant personnel who will be responsible for preparing the plan and assisting the plant manager in its implementation; (2) assessment of potential storm water pollution sources; (3) selection and implementation of appropriate management practices and controls; and (4) periodic evaluation of the effectiveness of the plan to prevent storm water contamination. EPA believes the pollution prevention approach is the most environmentally sound and cost-effective way to control the discharge of pollutants in storm water runoff from industrial facilities. This position is supported by the results of a comprehensive technical survey EPA completed in 1979. 3 The survey found that two classes of management practices are generally employed at industries to control the nonroutine discharge of pollutants from sources such as storm water runoff, drainage from raw material storage and waste disposal areas, and discharges from places where spills or leaks have occurred. The first class of management practices includes those that are low in cost, applicable to a broad class of industries and substances, and widely considered essential to a good pollution control program. Some examples of practices in this class are good housekeeping, employee training, and spill response and prevention procedures. The second class includes management practices that provide a second line of defense against the release of pollutants. This class addresses containment, mitigation, and cleanup. Since publication of the 1979 survey, EPA has imposed management practices and controls in NPDES permits on a case-by-case basis. The Agency also has continued to review the appropriateness and effectiveness of such practices, 4 as well as the techniques used to prevent and contain oil spills. 5 Experience with these practices and controls has shown that they can be used in permits to reduce pollutants in storm water discharges in a cost-effective manner. In keeping with both the present and previous administration's objective to attain environmental goals through pollution prevention, pollution prevention has been and continues to be the cornerstone of the NPDES permitting program for storm water. EPA has developed guidance entitled “Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices,” September 1992, to assist permittees in developing and implementing pollution prevention measures. 3 See “Storm Water Management for Industrial Activities,” EPA, September 1992, EPA-832-R-92-006. 4 For example, see “Best Management Practices: Useful Tools for Cleaning Up,” Thron, H. Rogoshewski, P., 1982, Proceedings of the 1982 Hazardous Material Spills Conference; “The Chemical Industries” Approach to Spill Prevention,” Thompson, C., Goodier, J. 1980, Proceedings of the 1980 National Conference of Control of Hazardous Materials Spills; a series of EPA memoranda entitled “Best Management Practices in NPDES Permits—Information Memorandum,” 1983, 1985, 1986, 1987, 1988; Review of Emergency Systems: Report to Congress,” EPA, 1988; and “Analysis of Implementing Permitting Activities for Storm Water Discharges Associated with Industrial Activity,” EPA, 1991. 5 See for example, “The Oil Spill Prevention, Control and Countermeasures Program Task Force Report,” EPA, 1988; and “Guidance Manual for the Development of an Accidental Spill Prevention Program,” prepared by SAIC for EPA, 1986. Note: The discussions of the SWPPP requirements are grouped in subject areas and do not follow the exact order of the permit conditions. 1. Pollution Prevention Team (Part 4.2.1) As a first step in the process of developing and implementing a SWPPP, permittees are required to identify a qualified individual or team of individuals to be responsible for developing the plan and assisting the facility or plant manager in its implementation. When selecting members of the team, the plant manager should draw on the expertise of all relevant departments within the plant to ensure that all aspects of plant operations are considered when the plan is developed. The plan must clearly describe the responsibilities of each team member as they relate to specific components of the plan. In addition to enhancing the quality of communication between team members and other personnel, clear delineation of responsibilities will ensure that every aspect of the plan is addressed by a specified individual or group of individuals. Pollution Prevention Teams may consist of one individual where appropriate ( e.g., in certain small businesses with limited storm water pollution potential). 2. Description of the Facility and Potential Pollution Sources (Part 4.2.2) Each SWPPP must describe activities, materials, and physical features of the facility that may contribute significant amounts of pollutants to storm water runoff or, during periods of dry weather, result in pollutant discharges through the separate storm sewers or storm water drainage systems that drain the facility. This assessment of storm water pollution risk will support subsequent efforts to identify and set priorities for necessary changes in materials, materials management practices, or site features, as well as aid in the selection of appropriate structural and nonstructural control techniques. Some operators may find that significant amounts of pollutants are running onto the facility property. Such operators should identify and address the contaminated runon in the SWPPP. If the runon cannot be addressed or diverted by the permittee, the permitting authority should be notified. If necessary, the permitting authority may require the operator of the adjacent facility to obtain a permit. Part 6 of the final MSGP includes industry-specific requirements for the various industry sectors covered by today's permit. All SWPPPs generally must describe the following elements: a. Description of the Facility Site and Receiving Waters/Wetlands (Parts 4.2.2 and 4.2.3): The plan must contain a map of the site that shows the location of outfalls covered by the permit (or by other NPDES permits), the pattern of storm water drainage, an indication of the types of discharges contained in the drainage areas of the outfalls, structural features that control pollutants in runoff, 6 surface water bodies (including wetlands), places where significant materials 7 are exposed to rainfall and runoff, and locations of major spills and leaks that occurred in the 3 years prior to the date of the submission of an NOI to be covered under this permit. The map also must show areas where the following activities take place: fueling, vehicle and equipment maintenance and/or cleaning, loading and unloading, material storage (including tanks or other vessels used for liquid or waste storage), material processing, and waste disposal. For areas of the facility that generate storm water discharges with a reasonable potential to contain significant amounts of pollutants, the map must indicate the probable direction of storm water flow and the pollutants likely to be in the discharge. Flows with a significant potential to cause soil erosion also must be identified. In order to increase the readability of the map, the inventory of the types of discharges contained in each outfall may be kept as an attachment to the site map. 6 Nonstructural features such as grass swales and vegetative buffer strips also should be shown. 7 Significant materials include, but are not limited to the following: raw materials; fuels; 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 the Comprehensive Environmental Response, Compensation and Liability Act (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. (See 40 CFR 122.26(b)(8)). b. Summary of Potential Pollutant Sources (Part 4.2.4): The description of potential pollution sources culminates in a narrative assessment of the risk potential that sources of pollution pose to storm water quality. This assessment should clearly point to activities, materials, and physical features of the facility that have a reasonable potential to contribute significant amounts of pollutants to storm water. Any such activities, materials, or features must be addressed by the measures and controls subsequently described in the plan. In conducting the assessment, the facility operator must consider the following activities: loading and unloading operations; outdoor storage activities; outdoor manufacturing or processing activities; significant dust or particulate generating processes; and onsite waste disposal practices. The assessment must list any significant pollution sources at the site and identify the pollutant parameter or parameters ( i.e., biochemical oxygen demand, suspended solids, etc.) associated with each source. c. Significant Spills and Leaks (Part 4.2.5): The plan must include a list of any significant spills and leaks of toxic or hazardous pollutants that occurred in the three years prior to the date of the submission of an NOI to be covered under this permit. Significant spills include, but are not limited to, releases of oil or hazardous substances in excess of quantities that are reportable under Section 311 of CWA (see 40 CFR 110.10 and 40 CFR 117.21) or Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (see 40 CFR 302.4). Significant spills may also include releases of oil or hazardous substances that are not in excess of reporting requirements and releases of materials that are not classified as oil or a hazardous substance. The listing should include a description of the causes of each spill or leak, the actions taken to respond to each release, and the actions taken to prevent similar such spills or leaks in the future. This effort will aid the facility operator as she or he examines existing spill prevention and response procedures and develops any additional procedures necessary to fulfill the requirements set forth in Parts 4 and 6 of the final permit. d. Allowable and Prohibited Non-storm Water Discharges (Part 4.4): Each SWPPP must include a certification, signed by an authorized individual, that discharges from the site have been tested or evaluated for the presence of non-storm water discharges. The certification must describe possible significant sources of non-storm water, the results of any test and/or evaluation conducted to detect such discharges, the test method or evaluation criteria used, the dates on which tests or evaluations were performed, and the onsite drainage points directly observed during the test or evaluation. Acceptable test or evaluation techniques include dye tests, television surveillance, observation of outfalls or other appropriate locations during dry weather, water balance calculations, and analysis of piping and drainage schematics. 8 8 In general, smoke tests should not be used for evaluating the discharge of non-storm water to a separate storm sewer as many sources of non-storm water typically pass through a trap that would limit the effectiveness of the smoke test. Except for flows that originate from fire fighting activities, sources of non-storm water that are specifically identified in the permit as being eligible for authorization under the general permit must be identified in the plan. SWPPPs must identify and ensure the implementation of appropriate pollution prevention measures for the non-storm water discharge. EPA recognizes that certification may not be feasible where facility personnel do not have access to an outfall, manhole, or other point of access to the conduit that ultimately receives the discharge. In such cases, the plan must describe why certification was not feasible. Permittees who are not able to certify that discharges have been tested or evaluated must notify the Director in accordance with Part 4.4 of the final MSGP. e. Sampling Data (Part 4.2.6): Any existing data on the quality or quantity of storm water discharges from the facility must be described in the plan, including data collected for Part 2 of the group application process. These data may be useful for locating areas that have contributed pollutants to storm water. The description should include a discussion of the methods used to collect and analyze the data. Sample collection points should be identified in the plan and shown on the site map. 3. Selection and Implementation of Storm Water Controls (Part 4.2.7, et al.) Following completion of the source identification and assessment phase, the permit requires the permittee to evaluate, select, and describe the pollution prevention measures, BMPs, and other controls that will be implemented at the facility. BMPs include processes, procedures, schedules of activities, prohibitions on practices, and other management practices that prevent or reduce the discharge of pollutants in storm water runoff. EPA emphasizes the implementation of pollution prevention measures and BMPs that reduce possible pollutant discharges at the source. Source reduction measures include, among others, preventive maintenance, chemical substitution, spill prevention, good housekeeping, training, and proper materials management. Where such practices are not appropriate to a particular source or do not effectively reduce pollutant discharges, EPA supports the use of source control measures and BMPs such as material segregation or covering, water diversion, and dust control. Like source reduction measures, source control measures and BMPs are intended to keep pollutants out of storm water. The remaining classes of BMPs, which involve recycling or treatment of storm water, allow the reuse of storm water or attempt to lower pollutant concentrations prior to discharge. The SWPPP must discuss the reasons each selected control or practice is appropriate for the facility and how each will address one or more of the potential pollution sources identified in the plan. The plan also must include a schedule specifying the time or times during which each control or practice will be implemented. In addition, the plan should discuss ways in which the controls and practices relate to one another and, when taken as a whole, produce an integrated and consistent approach for preventing or controlling potential storm water contamination problems. The permit requirements included for the various industry sectors in Part 6 of today's final MSGP generally require that the portion of the plan that describes the measures and controls address the following minimum components. When “minimize/reduce” is used relative to SWPPP measures, EPA means to consider and implement BMPs that will result in an improvement over the baseline conditions as it relates to the levels of pollutants identified in storm water discharges with due consideration to economic feasibility and effectiveness. a. Nonstructural Controls: • Good Housekeeping. Good housekeeping involves using practical, cost-effective methods to identify ways to maintain a clean and orderly facility and keep contaminants out of separate storm sewers. It includes establishing protocols to reduce the possibility of mishandling chemicals or equipment and training employees in good housekeeping techniques. These protocols must be described in the plan and communicated to appropriate plant personnel. • Minimizing Exposure. Where practicable, protecting potential pollutant sources from exposure to storm water is an important control option. Pollutants that are never allowed to contaminate storm water do not require development of “treatment” type BMPs. Elimination of all exposure to storm water may also make the facility eligible for the “No Exposure Certification” exclusion from permitting at 40 CFR 122.26(g) • Preventive Maintenance. Permittees must develop a preventive maintenance program that involves regular inspection and maintenance of storm water management devices and other equipment and systems. The program description should identify the devices, equipment, and systems that will be inspected; provide a schedule for inspections and tests; and address appropriate adjustment, cleaning, repair, or replacement of devices, equipment, and systems. For storm water management devices such as catch basins and oil/water separators, the preventive maintenance program should provide for periodic removal of debris to ensure that the devices are operating efficiently. For other equipment and systems, the program should reveal and enable the correction of conditions that could cause breakdowns or failures that may result in the release of pollutants. • Spill Prevention and Response Procedures. Based on an assessment of possible spill scenarios, permittees must specify appropriate material handling procedures, storage requirements, containment or diversion equipment, and spill cleanup procedures that will minimize the potential for spills and, in the event of a spill, enable proper and timely response. Areas and activities that typically pose a high risk for spills include loading and unloading areas, storage areas, process activities, and waste disposal activities. These activities and areas, and their accompanying drainage points, must be described in the plan. For a spill prevention and response program to be effective, employees should clearly understand the proper procedures and requirements and have the equipment necessary to respond to spills. • Routine Inspections. In addition to the comprehensive site evaluation, facilities are required to conduct periodic inspections of designated equipment and areas of the facility. Industry-specific requirements for such inspections, if any, are set forth in Part 6 of the final MSGP. When required, qualified personnel must be identified to conduct inspections at appropriate intervals specified in the plan. A set of tracking or follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections must be maintained. These periodic inspections are different from the comprehensive site evaluation, even though the former may be incorporated into the latter. Equipment, area, or other inspections are typically visual and are normally conducted on a regular basis, e.g. , daily inspections of loading areas. Requirements for such periodic inspections are specific to each industrial sector in today's permit, whereas the comprehensive site compliance evaluation is required of all industrial sectors. Area inspections help ensure that storm water pollution prevention measures ( e.g. , BMPs) are operating and properly maintained on a regular basis. The comprehensive site evaluation is intended to provide an overview of the entire facility's pollution prevention activities. Refer to Part VI.C.3.h. below for more information on the comprehensive site evaluation. • Employee Training. The SWPPP must describe a program for informing personnel at all levels of responsibility of the components and goals of the SWPPP. The training program should address topics such as good housekeeping, materials management, and spill response procedures. Where appropriate, contractor personnel also must be trained in relevant aspects of storm water pollution prevention. A schedule for conducting training must be provided in the plan. Several sections in Part 6 of today's final MSGP specify a minimum frequency for training of once per year. Others indicate that training is to be conducted at an appropriate interval. EPA recommends that facilities conduct training annually at a minimum. However, more frequent training may be necessary at facilities with high turnover of employees or where employee participation is essential to the storm water pollution prevention plan. b. Structural Controls: • Sediment and Erosion Control. The SWPPP must identify areas that, due to topography, activities, soils, cover materials, or other factors have a high potential for significant soil erosion. The plan must identify measures that will be implemented to limit erosion in these areas. • Management of Runoff. The plan must contain a narrative evaluation of the appropriateness of traditional storm water management practices ( i.e. , practices other than those that control pollutant sources) that divert, infiltrate, reuse, or otherwise manage storm water runoff so as to reduce the discharge of pollutants. Appropriate measures may include, among others, vegetative swales, collection and reuse of storm water, inlet controls, snow management, infiltration devices, and wet detention/retention basins. c. Example BMPs: Part 4.2.7.2.2 includes a list of example BMPs that could be considered for use in a SWPPP, for example: detention structures (including wet ponds); storm water retention structures; flow attenuation by use of open vegetated swales and natural depressions; infiltration of runoff onsite; and sequential systems (which combine several practices). These examples are not intended to limit the creativity of facility operators in developing alternative BMPs or applications for BMPs that increase cost effectiveness. d. Selection of Controls: Based on the results of the evaluation, the plan must identify practices that the permittee determines are reasonable and appropriate for the facility. The plan also should describe the particular pollutant source area or activity to be controlled by each storm water management practice. Reasonable and appropriate practices must be implemented and maintained according to the provisions prescribed in the plan. I [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A00-25469. Public record. Not legal advice.