Final National Pollutant Discharge Elimination System Storm Water Multi-Sector General Permit for Industrial Activities
Federal RegisterSep 29, 1995
Ask Donna
What actually matters in this document.
Text
[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Notices]
[Pages 50804-51319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23257]
[[Page 50803]]
_______________________________________________________________________
Part XIV
Environmental Protection Agency
_______________________________________________________________________
Final National Pollutant Discharge Elimination System Storm Water
Multi-Sector General Permit for Industrial Activities; Notice
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /
Notices
[[Page 50804]]
ENVIRONMENTAL PROTECITON AGENCY
[FRL-5298-3]
Final National Pollutant Discharge Elimination System Storm Water
Multi-Sector General Permit for Industrial Activities
AGENCY: Environmental Protection Agency.
SUMMARY: The following provides notice for a final NPDES general
permit, accompanying response to comments, and fact sheets for storm
water discharges associated with industrial activity in the following
Regions:
Region I--the States of Maine, Massachusetts, and New Hampshire;
Federal Indian Reservations located in Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, and Vermont; and Federal
facilities located in Vermont.
Region II--the Commonwealth of Puerto Rico and Federal facilities
located in Puerto Rico.
Region III--the District of Columbia and Federal facilities located
in Delaware and the District of Columbia.
Region IV--the State of Florida.
Region V--no areas.
Region VI--the States of Louisiana, New Mexico, Oklahoma, and
Texas, and Federal Indian Reservations located in Louisiana, New Mexico
(except Navajo Reservation lands, which are handled by Region IX, and
Ute Mountain Reservation lands, which are handled by Region VIII and
are not being covered by this permit), Oklahoma, and Texas.
Region VII--no areas.
Region VIII--no areas.
Region IX--the State of Arizona; the Territories of Johnston Atoll,
and Midway and Wake Islands; all Federal Indian Reservations located in
Arizona, California, and Nevada; those portions of the Duck Valley,
Fort McDermitt, and Goshute Reservations located outside Nevada; those
portions of the Navajo Reservation located outside Arizona; and Federal
facilities located in Arizona, Johnston Atoll, and Midway and Wake
Islands.
Region X--the State of Idaho; Federal Indian Reservations located
in Alaska, Idaho (except Duck Valley Reservation lands, which are
handled by Region IX), Oregon (except Fort McDermitt Reservation lands,
which are handled by Region IX), and Washington; and Federal facilities
located in Idaho, and Washington.
The permit covers storm water discharges associated with industrial
activity to waters of the United States, including discharges through
large and medium municipal separate storm sewer systems, and through
other municipal separate storm sewer systems. The permit is intended to
cover discharges from the following types of industrial activities:
lumber and wood products facilities; paper and allied products
manufacturing facilities; chemical and allied products manufacturing
facilities; asphalt paving and roofing materials manufacturers and
lubricants; stone, clay, glass and concrete products facilities;
primary metals facilities; metal mines (ore mining and dressing); coal
mines; oil and gas extraction facilities; nonmetallic mines and
quarries; hazardous waste treatment, storage or disposal facilities;
landfills, land application sites and open dumps; automobile salvage
yards; scrap and waste material processing and recycling facilities;
steam electric power generating facilities; railroad transportation
facilities, local and suburban transit and interurban highway passenger
transportation facilities, petroleum bulk oil stations and terminals,
motor freight transportation facilities and U.S. Postal Service
facilities; water transportation facilities; ship or boat building/
repair facilities; airports; wastewater treatment plants; food and
kindred products facilities; textile mills, apparel and other fabric
manufacturing facilities; furniture and fixture manufacturing
facilities; printing and publishing facilities; rubber and
miscellaneous plastic product and miscellaneous manufacturing
facilities; leather tanning and finishing facilities; facilities that
manufacture fabricated metal products, jewelry, silverware, and plated
ware; facilities that manufacture transportation equipment, industrial,
or commercial machinery; and facilities that manufacture electronic
equipment and components, photographic and optical goods. Military
installations must comply with the permit and monitoring requirements
for all sectors that describe industrial activities that such
installations perform. Publication of this final general permit, fact
sheets, and response to comments complies with the requirements of 40
Code of Federal Regulations (CFR) 124.10.
The language of the permit is provided as an appendix to the
preamble of this notice. Most conditions of the general permit are
intended to apply to all permittees, unless stated otherwise. Where
conditions vary by State, these differences are indicated in the
appendix.
ADDRESSES: Notices of Intent (NOIs) to be covered under this permit and
Notices of Termination (NOT) to terminate coverage under this permit
must be sent to Storm Water Notice of Intent (4203), 401 M Street, SW.,
Washington, DC 20460. The complete administrative record is available
through the Water Docket MC-4101, Environmental Protection Agency, 401
M Street SW, Washington DC 20460. A reasonable fee may be charged for
copying. Each Regional office (see addresses listed in Part VI.G. of
this fact sheet) has an index of the complete administrative record.
DATES: This general permit shall be effective on September 29, 1995.
Deadlines for submittal of Notices of Intent (NOIs) are provided in
Section II.A. of the general permit. Today's general permit also
provides additional dates for compliance with the terms of the permits
and for submitting monitoring data where required.
FOR FURTHER INFORMATION: For further information on the NPDES storm
water general permit, contact the appropriate EPA Regional Office. The
name, address and phone number of the EPA Regional Storm Water
Coordinators are provided in Part VI.G. of the fact sheet.
Organization of Today's Permit
Today's permit covers storm water discharges from a wide variety of
industrial activities. Because the conditions which affect the presence
of pollutants in storm water discharges vary among industries, today's
permit contains industry-specific sections that describe the storm
water pollution prevention plan requirements, the numeric effluent
limitation requirements and the monitoring requirements for that
industry. These industry-specific sections are contained in Part XI of
today's permit and are described in Part VIII of this fact sheet. There
are also a number of permit requirements that apply to all industries.
These requirements may be found in Parts I through X. They include the
general coverage discussion, the Notice of Intent requirements and
standard permit conditions. Specifically, Parts I through VII of this
fact sheet describe these common requirements. The following is an
outline of this fact sheet.
I. Background
II. Types of Discharges Covered
A. Limitations on Coverage
III. Pollutants in Storm Water Discharges Associated with Industrial
Activities in General
IV. Summary of Options for Controlling Pollutants
V. The Federal/Municipal Partnership: The Role of Municipal
Operators of Large and Medium Municipal Separate Storm Sewer Systems
VI. Summary of Common Permit Conditions
[[Page 50805]]
A. Notification Requirements
1. Contents of NOIs
2. Deadlines
3. Municipal Separate Storm Sewer System Operator Notification
4. Notice of Termination
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
C. Common Pollution Prevention Plan Requirements
1. Pollution Prevention Team
2. Description of Potential Pollution Sources
3. Measures and Controls
4. Comprehensive Site Compliance Evaluation
D. Special Requirements
1. Special Requirements for Storm Water Discharges Associated
with Industrial Activity through Large and Medium Municipal Separate
Storm Sewer Systems
2. Special Requirements for Storm Water Discharges Associated
with Industrial Activity from Facilities Subject to EPCRA Section
313 Requirements
3. Special Requirements for Storm Water Discharges Associated
with Industrial Activity from Salt Storage Facilities
4. 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
9. SARA Title III, Section 313 Facilities
F. Numeric Effluent Limitations
1. Industry-specific Limitations
2. Coal Pile Runoff
G. Regional Offices
1. Notice of Intent Address
2. Address for Other Submittals
H. Compliance Deadlines
VII. Cost Estimates For Common Permit Requirements
A. Pollution Prevention Plan Implementation
B. Cost Estimates for EPCRA Section 313
C. Cost Estimates for Coal Piles
D. Cost Estimates for Salt Piles
VIII. Special Requirements for Discharges Associated with Specific
Industrial Activities
A. Storm Water Discharges Associated With Industrial Activity
From Timber Products Facilities
1. Discharges Covered Under This Sector
2. Industry Profile/Description of Industrial Activities
3. Pollutants Contributing to Storm Water Contamination
4. Options for Controlling Pollutants
5. Special Conditions
6. Storm Water Pollution Prevention Plan Requirements
7. Monitoring and Reporting Requirements
B. Storm Water Discharges Associated With Industrial Activity
From Paper and Allied Products Manufacturing Facilities
1. Discharges Covered Under This Section
2. Industry Profile
3. Pollutants in Storm Water Discharges Associated With
Industrial Activity From Paper and Allied Product Manufacturing
Facilities
4. Options for Controlling Pollutants
5. Special Conditions
6. Storm Water Pollution Prevention Plan Requirements
7. Numeric Effluent Limitation
8. Monitoring and Reporting Requirements
C. Storm Water Discharges Associated With Industrial Activity
From Chemical and Allied Products Manufacturing Facilities
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water Discharges
3. Options for Controlling Pollutants
4. Special Conditions
5. Storm Water Pollution Prevention Plan Requirements
6. Numeric Effluent Limitations
7. Monitoring and Reporting Requirements
D. Storm Water Discharges Associated With Industrial Activity
From Asphalt Paving and Roofing Materials Manufacturers and
Lubricant Manufacturers
1. Discharges Covered Under This Section
2. Pollutants in Storm Water Discharges Associated with Asphalt
Facilities and Lubricant Manufacturers
3. Options for Controlling Pollutants
4. Storm Water Pollution Prevention Plan Requirements
5. Numeric Effluent Limitations
6. Monitoring and Reporting Requirements
E. Storm Water Discharges Associated With Industrial Activity
From Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
Facilities
1. Discharges Covered Under This Section
2. Pollutants in Storm Water Discharges Associated with Glass,
Clay, Cement, Concrete, and Gypsum Product Manufacturing
3. Options for Controlling Pollutants
4. Special Conditions
5. Storm Water Pollution Prevention Plan Requirements
6. Numeric Effluent Limitations
7. Monitoring and Reporting Requirements
F. Storm Water Discharges Associated With Industrial Activity
From Primary Metals Facilities
1. Discharges Covered Under This Section.
2. Industry Profile
3. Pollutants Found in Storm Water Discharges
4. Options for Controlling Pollutants
5. Special Conditions
6. Storm Water Pollution Prevention Plan Requirements
7. Monitoring and Reporting Requirements
G. Storm Water Discharges Associated With Industrial Activity
From Metal Mining (Ore Mining and Dressing) Facilities
1. Industrial Profile
2. Pollutants Found in Storm Water Discharges From Metal Mining
3. Options for Controlling Pollutants from Metal Mines
4. Discharges Covered Under This Section
5. Storm Water Pollution Prevention Plan Requirements
6. Monitoring and Reporting Requirements
7. Numeric Effluent Limitations
H. Storm Water Discharges Associated With Industrial Activity
From Coal Mines and Coal Mining-Related Facilities
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water Discharges
3. Options for Controlling Pollutants
4. Storm Water Pollution Prevention Plan Requirements
5. Numeric Effluent Limitation
6. Monitoring and Reporting Requirements
I. Storm Water Discharges Associated With Industrial Activity
From Oil and Gas Extraction Facilities
1. Industry Profile
2. Pollutants in Storm Water Discharges Associated with Oil and
Gas Facilities
3. Options for Controlling Pollutants
4. Special Conditions
5. Storm Water Pollution Prevention Plan Requirements
6. Numeric Effluent Limitation
7. Monitoring and Reporting Requirements
J. Storm Water Discharges Associated With Industrial Activity
From Mineral Mining and Processing Facilities
1. Industry Profile
2. Pollutants in Storm Water Discharges Associated with Mineral
Mining and Processing Facilities
3. Options for Controlling Pollutants
4. Storm Water Pollution Prevention Plan Requirements
5. Numeric Effluent Limitation
6. Monitoring and Reporting Requirements
7. Definitions
K. Storm Water Discharges Associated With Industrial Activity
from Hazardous Waste Treatment, Storage, or Disposal Facilities
1. Industry Profile
2. Pollutants in Storm Water Discharges Associated With
Hazardous Waste Treatment, Storage, or Disposal Facilities
3. Pollutant Control Measures Required Through Other EPA
Programs
4. Options for Controlling Pollutants
5. Storm Water Pollution Prevention Plan Requirements
6. Numeric Effluent Limitations
7. Monitoring and Reporting Requirements
8. Region-specific Conditions
L. Storm Water Discharges Associated With Industrial Activity
From Landfills and Land Application Sites
1. Industry Profile
2. Potential Pollutant Sources and Options for Controlling
Pollutants at Landfill and Land Application Sites
3. Pollutant Control Measures Required by Other EPA Programs
4. Storm Water Pollution Prevention Plans Requirements
5. Monitoring and Reporting Requirements
M. Storm Water Discharges Associated With Industrial Activity
From Automobile Salvage Yards
1. Industry Profile
[[Page 50806]]
2. Pollutants in Storm Water Discharges Associated with
Automobile Salvage Yards
3. Options for Controlling Pollutants
4. Pollutant Control Measures Required Through Other EPA
Programs
5. Storm Water Pollution Prevention Plan Requirements
6. Monitoring and Reporting Requirements
N. Storm Water Discharges Associated With Industrial Activity
From Scrap Recycling and Waste Recycling Facilities
1. Industry Profile
2. Pollutants Found in Storm Water Discharges
3. Options for Controlling Pollutants
4. Discharges Covered under this Section
5. Special Conditions
6. Storm Water Pollution Prevention Plan Requirements
7. Monitoring and Reporting Requirements
O. Storm Water Discharges Associated With Industrial Activity
From Steam Electric Power Generating Facilities, Including Coal
Handling Areas
1. Industrial Profile
2. Pollutants in Storm Water Discharges Associated With Steam
Electric Power Generating Facilities
3. Pollutant Control Measures Required Under Other EPA Programs
4. Storm Water Pollution Prevention Plan Requirements
5. Numeric Effluent Limitations
6. Monitoring and Reporting Requirements
P. Storm Water Discharges Associated With Industrial Activity
From Motor Freight Transportation Facilities, Passenger
Transportation Facilities, Petroleum Bulk Oil Stations and
Terminals, Rail Transportation Facilities, and United States Postal
Service Transportation Facilities
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water Discharges from Vehicle and
Equipment Maintenance and Cleaning Operations
3. Options for Controlling Pollutants
4. Pollutant Control Measures Required Through Other EPA
Programs
5. Special Conditions
6. Storm Water Pollution Prevention Plan Requirements
7. Monitoring and Reporting Requirements
Q. Storm Water Discharges Associated With Industrial Activity
From Water Transportation Facilities That Have Vehicle Maintenance
Shops and/or Equipment Cleaning Operations
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water Discharges
3. Options for Controlling Pollutants
4. Pollutant Control Measures Required Through Other EPA
Programs
5. Special Conditions
6. Storm Water Pollution Prevention Plan Requirements
7. Monitoring and Reporting Requirements
R. Storm Water Discharges Associated With Industrial Activity
From Ship and Boat Building or Repairing Yards
1. Discharges Covered Under This Section
2. Pollutants Found in Storm Water Discharges
3. Options for Controlling Pollutants
4. Pollutant Control Measures Required Through Other EPA
Programs
5. Special Conditions
6. Storm Water Pollution Prevention Plan Requirements
7. Numeric Effluent Limitation
8. Monitoring and Reporting Requirements
S. Storm Water Discharges Associated With Industrial Activity
From Vehicle Maintenance Areas, Equipment Cleaning Areas, or Deicing
Areas Located at Air Transportation Facilities.
1. Discharges Covered Under This Section.
2. Pollutants Found in Storm Water Discharges.
3. Special Conditions.
4. Storm Water Pollution Prevention Plan Requirements.
5. Numeric Effluent Limitation.
6. Monitoring and Reporting Requirements.
T. Storm Water Discharges Associated With Industrial Activity
From Treatment Works.
1. Discharges Covered Under this Section.
2. Industry Profile.
3. Pollutants Found in Storm Water Discharges From Treatment
Works.
4. Options for Controlling Pollutants.
5. Special Conditions.
6. Storm Water Pollution Prevention Plan Requirements.
7. Monitoring and Reporting Requirements.
U. Storm Water Discharges Associated With Industrial Activity
From Food and Kindred Products Facilities.
1. Discharges Covered Under this Section.
2. Industry Profile.
3. Pollutants in Storm Water Discharges Associated with Food and
Kindred Products Processing Facilities.
4. Options for Controlling Pollutants.
5. Storm Water Pollution Prevention Plan Requirements.
6. Monitoring and Reporting Requirements.
V. Storm Water Discharges Associated With Industrial Activity
From Textile Mills, Apparel, and Other Fabric Product Manufacturing
Facilities.
1. Discharges Covered Under this Section.
2. Pollutants in Storm Water Discharges Associated with the
Manufacture of Textile Products.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan Requirements.
6. Monitoring and Reporting Requirements.
W. Storm Water Discharges Associated With Industrial Activity
From Wood and Metal Furniture and Fixture Manufacturing Facilities.
1. Discharges Covered Under This Section.
2. Industry Profile.
3. Pollutants in Storm Water Discharges Associated with
Furniture and Fixtures Manufacturing Facilities.
4. Options for Controlling Storm Water Pollutants.
5. Storm Water Pollution Prevention Plan Requirements.
6. Monitoring and Reporting Requirements.
X. Storm Water Discharges Associated With Industrial Activity
From Printing and Publishing Facilities.
1. Industry Profile.
2. Pollutants Found in Storm Water Discharges from Printing and
Publishing Facilities.
3. Options for Controlling Pollutants.
4. Storm Water Pollution Prevention Plan Requirements.
5. Monitoring and Reporting Requirements.
Y. Storm Water Discharges Associated With Industrial Activity
From Rubber, Miscellaneous Plastic Products, and Miscellaneous
Manufacturing Industries.
1. Discharges Covered Under This Section.
2. Pollutants Found in Storm Water Discharges.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan Requirements.
6. Numeric Effluent Limitations.
7. Monitoring and Reporting Requirements.
Z. Storm Water Discharges Associated With Industrial Activity
From Leather Tanning and Finishing Facilities.
1. Discharges Covered Under This Section.
2. Pollutants found in Storm Water Discharges from Leather
Tanning Operations.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan Requirements.
6. Numeric Effluent Limitations.
7. Monitoring and Reporting Requirements.
AA. Storm Water Discharges Associated With Industrial Activity
From Fabricated Metal Products Industry.
1. Discharges Covered under this Section.
2. Industrial Profile.
3. Storm Water Sampling Results.
4. Options for Controlling Pollutants.
5. Special Conditions.
6. Storm Water Pollution Prevention Plan Requirements.
7. Numeric Effluent Limitations.
8. Monitoring and Reporting Requirements.
AB. Storm Water Discharges Associated With Industrial Activity
From Facilities That Manufacture Transportation Equipment,
Industrial, or Commercial Machinery.
1. Industry Profile.
2. Pollutants Found in Storm Water Discharges From Facilities
Which Manufacture Transportation Equipment, Industrial or Commercial
Machinery.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan Requirements.
6. Numeric Effluent Limitation.
7. Monitoring and Reporting Requirements.
AC. Storm Water Discharges Associated With Industrial Activity
From Facilities That Manufacture Electronic and Electrical Equipment
and Components, Photographic and Optical Goods.
1. Discharges Covered Under This Section.
2. Pollutants Found in Storm Water Discharges.
3. Options for Controlling Pollutants.
4. Special Conditions.
5. Storm Water Pollution Prevention Plan Requirements.
6. Numeric Effluent Limitations.
7. Monitoring and Reporting Requirements.
IX. Paperwork Reduction Act
X. 401 Certification.
[[Page 50807]]
Region I
Region II
Region III
Region IV
Region VI
Region IX
Region X
XI. Regulatory Flexibility Act
XII. Unfunded Mandates Reform Act
I. Background
In 1972, the Federal Water Pollution Control Act (also referred to
as the Clean Water Act (CWA)) was amended to provide that the discharge
of any pollutant to waters of the United States from any point source
is unlawful, except if the discharge is in compliance with a National
Pollutant Discharge Elimination System (NPDES) permit.
For a number of reasons, EPA and authorized NPDES States have
failed to issue NPDES permits for the majority of point source
discharges of storm water. Recognizing this, Congress added section
402(p) to the CWA in 1987 to establish a comprehensive framework for
addressing storm water discharges under the NPDES program. Section
402(p)(4) of the CWA clarifies the requirements for EPA to issue NPDES
permits for storm water discharges associated with industrial activity.
On November 16, 1990 (55 FR 47990 as amended at 56 FR 12100, Mar. 21,
1991; 56 FR 56554, Nov. 5, 1991; 57 FR 11412, Apr. 2, 1992; 57 FR
60447, Dec. 18, 1992), EPA published final regulations which defined
the term ``storm water discharge associated with industrial activity.''
These regulations also set forth NPDES permit application requirements
for storm water discharges associated with industrial activity and
storm water discharges from certain municipal separate storm sewer
systems. The regulations presented three permit application options for
storm water discharges associated with industrial activity. The first
option was to submit an individual application consisting of Forms 1
and 2F. The second option was to become a participant in a group
application. The third option was coverage under a general permit in
accordance with the requirements of an issued general permit.
The promulgation of today's general permit is in response to the
second of these three options. Group applications were submitted in two
parts. Part 1 of the application was due by September 30, 1991, and
part 2 of the application was due by October 1, 1992. In part 1 of the
application, all participants were identified and information on each
facility was included, such as industrial activities, significant
materials exposed to storm water, and material management activities.
For part 1 of the application, groups also identified sampling
subgroups to submit sampling data for part 2. Over 1,200 groups with
over 60,000 member facilities submitted part 1 applications. Upon
review of the part 1 application, if the EPA determined that the
application was an appropriate grouping of facilities with complete
information provided on each participant, and a suitable sampling
subgroup was proposed, the application was approved.
Part 2 of the application consisted of sampling data from each
member of the sampling subgroup identified in part 1 of the
application. In drafting today's general permit, EPA reviewed both
parts of the applications and formulated the permit language noticed
today. NPDES authorized States were provided the data from the group
applications. Authorized NPDES States may propose and finalize either
individual permits for each facility included in the application
located in the State, or general permits, if the State has general
permit authority.1 If the State feels additional information is
needed from the applicants, the State may ask each or any of the
applicants for more information on their facility and/or discharge.
\1\ As of December 1993, 39 of the 40 NPDES authorized State
permitting programs had the authority to issue general permits.
---------------------------------------------------------------------------
EPA estimates that about 100,000 facilities nationwide discharge
storm water associated with industrial activity (not including oil and
gas exploration and production operations) as described under phase I
of the storm water program. The large number of facilities addressed by
the regulatory definition of ``storm water discharge associated with
industrial activity'' has placed a tremendous administrative burden on
EPA and States with authorized NPDES programs to issue and administer
permits for these discharges.
To provide a reasonable and rational approach to addressing this
permitting task, the Agency has developed a strategy for issuing
permits for storm water discharges associated with industrial activity.
In developing this strategy, the Agency recognized that the CWA
provides flexibility in the manner in which NPDES permits are
issued,2 and has used this flexibility to design a workable
permitting system. In accordance with these considerations, the
permitting strategy (described in more detail in 57 FR 11394) describes
a four-tier set of priorities for issuing permits for these discharges:
\2\ The court in NRDC v. Train, 396 F.Supp. 1393 (D.D.C. 1975)
aff'd, NRDC v. Costle, 568 F.2d 1369 (D.C.Cir. 1977), has
acknowledged the administrative burden placed on the Agency by
requiring permits for a large number of storm water discharges. The
courts have recognized EPA's discretion to use certain
administrative devices, such as area permits or general permits, to
help manage its workload. In addition, the courts have recognized
flexibility in the type of permit conditions that can be
established, including the use of requirements for best management
practices.
---------------------------------------------------------------------------
Tier I--Baseline Permitting--One or more general permits will be
developed to initially cover the majority of storm water discharges
associated with industrial activity.
Tier II--Watershed Permitting--Facilities within watersheds shown
to be adversely impacted by storm water discharges associated with
industrial activity will be targeted for individual or watershed-
specific general permits.
Tier III--Industry-Specific Permitting--Specific industry
categories will be targeted for individual or industry-specific general
permits.
Tier IV--Facility-Specific Permitting--A variety of factors will be
used to target specific facilities for individual permits.
The general permit accompanying this fact sheet will continue Phase
1 permitting activities for storm water discharges associated with
industrial activity by providing industry-specific coverage to group
applicants in the following areas: the States of Arizona, Florida,
Idaho, Louisiana, Maine, Massachusetts, New Hampshire, New Mexico,
Oklahoma, and Texas; the District of Columbia; Johnston Atoll, and
Midway and Wake Islands; the Commonwealth of Puerto Rico; Federal
Indian Reservations in Alaska, Arizona, California, Connecticut, Idaho,
Louisiana, Maine, Massachusetts, Nevada, New Hampshire, New Mexico,
Oklahoma, Oregon, Rhode Island, Texas, Utah (only the Navajo and
Goshute Reservations), Vermont, and Washington; and Federal facilities
located in Arizona, the Commonwealth of Puerto Rico, the District of
Columbia, Delaware, Idaho, Johnston Atoll, Midway and Wake Islands,
Vermont, and Washington.3 EPA will provide today's permit to the
NPDES authorized States and encourages such States to consider this
permit for their permitting needs.
\3\ In 5 of the 40 States that are authorized to issue NPDES
permits for municipal and industrial sources, EPA issues permits for
discharges from Federal facilities. EPA also retains authority to
issue permits on Federal Indian Reservations. However, this fact
sheet only addresses general permits as indicated above. Where EPA
is the permit issuing authority for other storm water discharges,
either individual permits or a different general permit will be
issued.
---------------------------------------------------------------------------
II. Types of Discharges Covered
On November 16, 1990 (55 FR 47990), EPA promulgated the regulatory
[[Page 50808]]
definition of ``storm water discharge associated with industrial
activity'' which addresses point source discharges of storm water from
eleven major categories of industrial activities. Industrial activities
from all of these categories with the exception of construction
activities participated in the group application process. The
information contained in the group applications indicates that type and
amount of pollutants discharged in storm water varies from industrial
activity to industrial activity because of the variety of potential
pollutant sources present in different industrial activities, as well
as the variety of pollution prevention measures commonly practiced by
each of the regulated industries. To facilitate the process of
developing permit conditions for each of the 1200 group applications
submitted, EPA classified groups into 29 industrial sectors where the
nature of industrial activity, type of materials handled and material
management practices employed were sufficiently similar for the
purposes of developing permit conditions. Each of the industrial
sectors were represented by one or more groups which participated in
the group application process. Table 1 lists each of the industrial
activities covered by today's permit, and the corresponding sections of
today's fact sheet and permit which discuss the specific requirements
for that industry. EPA has further divided some of the 29 sectors into
subsectors in order to establish more specific and appropriate permit
conditions, including best management practices and monitoring
requirements.
Coverage under today's general permit is available to storm water
discharges from industrial activities represented by the group
application process. However, coverage under this permit is not
restricted to participants in the group application process. To limit
coverage under this general permit only to those who participated in
the Group application process would not be appropriate for
administrative, environmental, and national consistency reasons. The
administrative burden for EPA to develop separate general permits for
non-group members would be excessive, unnecessary, and wasteful of tax
dollars. EPA would also need to use the same information in the
development of such permits. The permits would be essentially the same.
The time spent in this process would leave many facilities unregulated
for some number of additional months. This would not address the
environmental concerns of the Clean Water Act. Likewise, group members
are not precluded from seeking coverage under other available storm
water permits such as EPA's ``baseline'' general permits for Storm
Water Discharges Associated with Industrial Activity, (57 FR 41175 and
57 FR 44412). Group members must consider, however, that the deadlines
for preparing and implementing the pollution prevention plan required
under the baseline permit have already expired for existing facilities.
Therefore, group members that seek coverage under the baseline general
permit must have a pollution prevention plan developed and implemented
prior to NOI submittal.
Unlike the baseline general permits, today's permit does not
exclude all storm water discharges subject to effluent limitation
guidelines. Four types of storm water discharges subject to effluent
limitation guidelines may be covered under today's permit if they are
not already subject to an existing or expired NPDES permit. These
discharges include contaminated storm water runoff from phosphate
fertilizer manufacturing facilities, runoff associated with asphalt
paving or roofing emulsion production, runoff from material storage
piles at cement manufacturing facilities and coal pile runoff at steam
electric generating facilities. The permit does not, however, authorize
all storm water discharges subject to effluent guidelines. Storm water
discharges subject to effluent guidelines under 40 CFR part 436 or for
mine drainage under 40 CFR part 440 are not covered under today's
permit nor are discharges subject to effluent guidelines for acid or
alkaline mine drainage under 40 CFR part 434.
Table 1.--Industrial Activities Covered by Today's General Permit
----------------------------------------------------------------------------------------------------------------
Fact sheet section describing Permit section describing
Industrial activity discharges covered discharges covered
----------------------------------------------------------------------------------------------------------------
Timber Products Facilities...................... VIII.A........................ XI.A.
Paper and Allied Products Manufacturing VIII.B........................ XI.B.
Facilities.
Chemical and Allied Products Manufacturing VIII.C........................ XI.C.
Facilities.
Asphalt Paving and Roofing Materials VIII.D........................ XI.D.
Manufacturers and Lubricant Manufacturers.
Glass, Clay, Cement, Concrete, and Gypsum VIII.E........................ XI.E.
Product Manufacturing Facilities.
Primary Metals Facilities....................... VIII.F........................ XI.F.
Metal Mining (Ore Mining and Dressing) VIII.G........................ XI.G.
Facilities.
Coal Mines and Coal Mining-Related Facilities... VIII.H........................ XI.H.
Oil and Gas Extraction Facilities............... VIII.I........................ XI.I.
Mineral Mining and Processing Facilities........ VIII.J........................ XI.J.
Hazardous Waste Treatment, Storage, or Disposal VIII.K........................ XI.K.
Facilities.
Landfills and Land Application Sites............ VIII.L........................ XI.L.
Automobile Salvage Yards........................ VIII.M........................ XI.M.
Scrap and Waste Recycling Facilities............ VIII.N........................ XI.N.
Steam Electric Power Generating Facilities, VIII.O........................ XI.O.
Including Coal Handling Areas.
Vehicle Maintenance or Equipment Cleaning Areas VIII.P........................ XI.P.
at Motor Freight Transportation Facilities,
Passenger Transportation Facilities, Petroleum
Bulk Oil Stations and Terminals, Rail
Transportation Facilities, and the United
States Postal Service.
Vehicle Maintenance Areas and/or Equipment VIII.Q........................ XI.Q.
Cleaning Operations at Water Transportation
Facilities.
Ship and Boat Building or Repairing Yards....... VIII.R........................ XI.R.
Vehicle Maintenance Areas, Equipment Cleaning VIII.S........................ XI.S.
Areas, or Deicing Area located at Air
Transportation Facilities.
Treatment Works................................. VIII.T........................ XI.T.
Food and Kindred Products Facilities............ VIII.U........................ XI.U.
Textile Mills, Apparel, and Other Fabric Product VIII.V........................ XI.V.
Manufacturing Facilities.
Wood and Metal Furniture and Fixture VIII.W........................ XI.W.
Manufacturing Facilities.
[[Page 50809]]
Printing and Publishing Facilities.............. VIII.X........................ XI.X.
Rubber, Miscellaneous Plastic Products, and VIII.Y........................ XI.Y.
Miscellaneous Manufacturing Industries.
Leather Tanning and Finishing Facilities........ VIII.Z........................ XI.Z.
Fabricated Metal Products Industry.............. VIII.AA....................... XI.AA.
Facilities That Manufacture Transportation VIII.AB....................... XI.AB.
Equipment, Industrial, or Commercial Machinery.
Facilities That Manufacture Electronic and VIII.AC....................... XI.AC.
Electrical Equipment and Components,
Photographic and Optical Goods.
----------------------------------------------------------------------------------------------------------------
A. Limitations on Coverage
Because of the broad scope of today's permit, most industrial
activities currently regulated under the storm water program could be
covered by the permit. There are, however, several types of storm water
discharges which are not covered under today's permit. Storm water
discharges subject to an existing NPDES permit are not covered under
today's permit, except facilities which are currently subject to the
baseline general permit. EPA believes that in most cases these
discharges are more appropriately covered under terms and conditions of
their existing permit. These discharges may be covered under today's
permit only when the existing permit has expired and only when the
expired permit did not contain numeric effluent limitations more
stringent than those in today's permit. Owners/operators of facilities
currently covered under the baseline general permit who wish to obtain
coverage under today's general permit must submit a Notice of
Termination (NOT) to terminate coverage under the baseline general
permit with a Notice of Intent (NOI) to be covered under today's
permit. Storm water discharges that were subject to an NPDES permit
that was terminated by the permitting authority are not eligible for
coverage under today's permit. Construction activities are not eligible
for coverage under this permit. Storm water discharges that were
subject to a permit that was terminated as a result of the permittee's
request are eligible for coverage under today's permit. Storm water
discharges from industrial activities that are not addressed in the
appropriate section of Part XI. (see Table 1) of the permit are not
eligible for coverage under this permit. These types of industrial
activities were not represented in the group application process.
Therefore, EPA has no additional information with which to develop
permit requirements beyond those developed for the baseline general
permit.
(1) Storm Water Discharges Subject to New Source Performance
Standards. Section 306 of the Clean Water Act 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 Clean
Water Act requires the Agency to comply with the National Environmental
Policy Act 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.
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
the National Environmental Policy Act (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 submittal 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.
(2) Historic Preservation. The National Historic Preservation Act
(NHPA) prohibits Federal actions that would affect a property that
either is listed on, or is eligible for listing, on the National
Historic Register. EPA therefore cannot issue NPDES permits to
discharges that will affect historic properties unless measures will be
taken such as under a written agreement between the applicant and the
State Historic Preservation Officer (SHPO) that outlines all measures
to be undertaken by the applicant to mitigate or prevent adverse
effects to the historic property. Therefore, under today's permit a
storm water discharge may be covered only if the discharge will not
affect a historic property that is listed or is eligible to be listed
in the National Historic Register, or the operator has obtained and is
in compliance with a written agreement signed by the State Historic
Preservation Officer (SHPO) that outlines measures to be taken to
mitigate or prevent adverse affects to the historic site.
(3) 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 and the National Marine Fisheries
Service (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)). EPA completed a formal consultation with the Services on
the action of issuing this permit on April 5, 1995. The terms and
conditions of this permit reflect the results of that consultation.
Accordingly, storm water discharges that are likely to adversely
affect species identified in Addendum H of the permit are not
authorized permit coverage
[[Page 50810]]
under this storm water multi-sector industrial general permit.
Permittees are also not authorized permit coverage if the BMPs they
plan to construct and operate as a part of the required storm water
pollution prevention plan are likely to adversely affect a species
identified in Addendum H.
To be eligible for coverage under the multi-sector storm water
permit, applicants are required to review the list of species and their
locations which are contained in Addendum H of this permit and which
are described in the instructions for completing the application
requirements under this permit. If an applicant determines that none of
the species identified in the addendum are found in the county in which
the facility is located, then there is no likelihood of an adverse
affect and they are eligible for permit coverage. Applicants must then
certify that their discharges, and the construction of storm water
BMPs, are not likely to adversely affect species and will be granted
multi-sector storm water permit coverage 48 hours after the date of the
postmark on the envelope used to mail in the NOI form.
If species identified in Addendum H are found to be located in the
same county as the facility seeking storm water permit coverage, then
the applicant next must determine whether the species are in proximity
to the storm water discharges at the facility, or any BMPs to be
constructed to control storm water runoff. A species is in proximity to
a storm water discharge when the species is located in the path or down
gradient area through which or over which point source storm water
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 a species is located in the area of a site where
storm water BMPs are planned to be constructed. If an applicant
determines there are no species in proximity to the storm water
discharge, or the BMPs to be constructed, then there is no likelihood
of adversely affecting the species and the applicant is eligible for
permit coverage.
If species are in proximity to the storm water discharges or areas
of BMP construction, 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. For example, an
applicant's activity may have been authorized as part of a section 7
consultation under ESA, covered under a section 10 permit, or have
received a clearance letter. The environmental baseline generally
includes the past and present impacts of all federal, state and private
actions that were contemporaneous to an ESA authorization. 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 Addendum H are in proximity to the discharges, or the
construction areas for the BMPs, then the applicant must determine
whether there is any likely adverse effect upon the species. This is
done by the applicant conducting a further examination or
investigation, or an alternative procedure, described in the
instructions in Addendum H of the permit. If the applicant determines
there is no likely adverse effect upon the species, then the applicant
is eligible for permit coverage. If the applicant determines that there
likely is, or will likely be an adverse effect, then the applicant is
not eligible for multi-sector storm water permit coverage.
All dischargers applying for coverage under this permit must
provide in the application information on the Notice of Intent form:
(1) a determination as to whether there are any species identified in
Addendum H in proximity to the storm water discharges and BMPs
construction areas, and (2) a certification that their storm water
discharges and the construction of BMPs to control storm water are not
likely to adversely affect species identified in Addendum H, 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 are not able to determine that there will be no
likely adverse affect to species or habitats and cannot sign the
certification to gain coverage under this multi-sector storm water
general permit, must apply to EPA for an individual NPDES storm water
permit. As appropriate, EPA will conduct ESA Sec. 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
adverse effects on 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. Fisheries 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 storm water pollution prevention plan, 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. Fisheries 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. It significantly reduces the number
of dischargers that must be considered individually and therefore
allows the Agency and the Services to focus their resources on those
discharges that are indeed likely to adversely affect water-dependent
listed species. Straightforward mechanisms such as these allow
applicants with expedient 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.
(4) Storm Water Discharges Associated with Inactive Mines,
Landfills, Oil and Gas Operations that Are Located on Federal Lands.
The permit does not cover storm water discharges associated with
industrial activity from inactive mines, inactive landfills, and
inactive oil and gas operations that are located on Federal lands,
unless an operator of the industrial activity can be identified. These
discharges are not eligible for coverage under this permit because they
would more appropriately be covered by the permit currently under
development by EPA intended specifically to cover these types of
discharges.
[[Page 50811]]
III. 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
precipitation, and the degree of surface imperviousness. A discussion
of these factors is provided in the proposed general permit (see FR 58
61146 Nov. 19, 1993).
IV. 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 Best Management Practices to prevent pollution, using
traditional storm water management practices, and providing end-of-pipe
treatment. Each of these is discussed in the proposed general permit
(see 58 FR 61146, Nov. 19, 1993).
V. 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 proposed general permit
discussed several key policy factors (see 58 FR 61146).
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
permit. These conditions were proposed on November 19, 1993 (58 FR
61146), and reflect the baseline permit requirements established for
most regulated industries in EPA's General Permits for Storm Water
Discharges Associated with Industrial Activity [57 FR 41344-41356
September 9, 1992, and 57 FR 44438-44470 September 25, 1992]. Permit
requirements which vary from industry to industry are discussed in Part
VIII of this fact sheet.
A. Notification Requirements
General permits for storm water discharges associated with
industrial activity require the submittal of an 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 general permit establishes NOI requirements that operate in
addition to the part 1 and part 2 group application requirements. To be
covered under this permit, facilities, including members of an approved
group, must submit an NOI and other required information within 90 days
of the effective date of this permit. The NOI form is found in Addendum
B.
1. Contents of NOIs
a. The operator's name, address, telephone number, and status as
Federal, State, private, public, or other entity.
b. Street address of the facility for which the notification is
submitted. Where a street address for the site is not available, the
location can be described in terms of the latitude and longitude of the
facility to the nearest 15 seconds, or the quarter, section, township,
and range (to the nearest quarter section) of the approximate center of
the site.
c. An indication of whether the facility is located on Federal
Indian Reservations.
d. Up to four 4-digit Standard Industrial Classification (SIC)
codes that best represent the principal products or activities provided
by the facility. For hazardous waste treatment, storage, or disposal
facilities, land disposal facilities that receive or have received any
industrial waste, steam electric power generating facilities, or
treatment works treating domestic sewage, a 2-character code must be
provided.
e. The permit number of any NPDES permit for any discharge
(including non-storm water discharges) from the site that is currently
authorized by an NPDES permit.
f. The name of the receiving water(s), or if the discharge is
through a municipal separate storm sewer, the name of the municipal
operator of the storm sewer and the receiving water(s) for the
discharge through the municipal separate storm sewer.
g. The analytical monitoring status of the facility (monitoring or
not).
h. For a co-permittee, if a storm water general permit number has
been issued, it should be included.
i. A certification that the operator of the facility has read and
understands the eligibility requirements for the permit and that the
operator believes the facility to be in compliance with those
requirements.
j. Identify type of permit requested (either baseline general,
multi-sector, or construction); longitude and latitude; indication of
presence of endangered species; indication of historic preservation
agreement; signed certification stating compliance with the National
Historic Preservation Act, Endangered Species Act, and the new source
performance standard requirements.
k. For any facility that begins to discharge storm water associated
with industrial activity after [insert date 270 days after permit
finalization], a certification that a storm water pollution prevention
plan has been prepared for the facility in accordance with Part IV of
this permit. (A copy of the plan should not be included with the NOI
submission.)
An NOI form is provided in Addendum B. 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), 401 M Street SW.,
Washington, DC 20460.
2. Deadlines
Except for the special circumstances discussed below, dischargers
who intend to obtain coverage under this permit for a storm water
discharge from an industrial activity that is in existence prior to the
date 90 days after permit issuance must submit an NOI on or before the
date 90 days after permit issuance, and facilities that begin
industrial activities after the date 90 days after permit issuance are
required to submit an NOI at least 2 days prior to the commencement of
the new industrial activity.
A discharger is not precluded from submitting an NOI at a later
date. However, in such instances, EPA may bring appropriate enforcement
actions.
The storm water regulations (40 CFR 122.27) require that facilities
that discharge storm water associated with an industrial activity
submit an application for permit coverage on or before October 1, 1992,
except industrial activities owned or operated by a medium
municipality, which had until May 17, 1993. Today's permit does not
extend that application deadline. EPA intends that most of the
facilities that will seek coverage under the final version of today's
permit are: members of groups with approved applications; facilities
that submitted a Notice of
[[Page 50812]]
Intent to be covered by EPA's baseline general permit and now wish to
switch to coverage under today's permit; or have submitted a complete
individual application but have not yet received an individual permit.
EPA may deny coverage under this permit and require submittal 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 this
general permit 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 this industry general permit 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 this general permit 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. Compliance deadlines are discussed
in Part VI.H. of this fact sheet.
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 or a municipal system designated by the
Director,4 must notify the municipal operator of the system
receiving the discharge and submit a copy of their NOI to the municipal
operator.
\4\ 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.
---------------------------------------------------------------------------
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.
A copy of the NOT and instructions for completing the NOT are
included in Addendum C. 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 submittal 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), 401 M Street, SW., 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.
B. Special Conditions
The conditions of this permit 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 discussed in this fact
sheet for controlling pollutants in storm water discharges associated
with industrial activity, the general permit lists a set of tailored
requirements for developing and implementing storm water pollution
prevention plans, and for selected discharges, effluent
limitations.5
\5\ Part I.C.2 of the general permit provides that facilities
with storm water discharges associated with industrial activity
which, 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.
---------------------------------------------------------------------------
Part VIII. of this fact sheet summarizes the options for
controlling pollutants in storm water discharges associated with
industrial activity. The permit includes numeric effluent limitations
for coal pile runoff, contaminated runoff from fertilizer manufacturing
facilities, runoff from asphalt emulsion manufacturing facilities, and
material storage pile runoff located at cement manufacturing facilities
or cement kilns.
For other discharges covered by the permit, the permit conditions
reflect EPA's decision to identify a number of best management
practices 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. This approach is consistent with the approach used in the
baseline general permits finalized on September 9, 1992 (57 FR 41236)
and September 25, 1992 (57 FR 44438). In addition, today's general
permit reflects information received through the group application
process.
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 the permit are issued under the authority of
both of these regulatory provisions. The pollution prevention or BMP
requirements in this permit operate as limitations on effluent
discharges that reflect the application of BAT/BCT. This is because the
BMPs identified require the use of source
[[Page 50813]]
control technologies which, in the context of this general permit, 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)).
1. Prohibition of Non-storm Water Discharges
Today's general permit does not authorize non-storm water
discharges that are mixed with storm water except as provided below.
The only non-storm water discharges that are intended to be authorized
under today's permit 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; springs;
uncontaminated ground 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.
To be authorized under the general permit, these sources of non-
storm water (except flows from fire fighting activities) must be
identified in the storm water pollution prevention plan prepared for
the facility. (Plans and other plan requirements are discussed in more
detail below). Where such discharges occur, the plan must also identify
and ensure the implementation of appropriate pollution prevention
measures for the non-storm water component(s) of the discharge.
Today's permit 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 this
permit ensures that non-storm water discharges (except for those
classes of non-storm water discharges that are conditionally authorized
in Part III.A.2.b.) are not inadvertently authorized by this permit.
Where a storm water discharge is mixed with non-storm water that is not
authorized by today's general permit 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
a. This general permit provides that the discharge of hazardous
substances or oil from a facility must be eliminated or minimized in
accordance with the storm water pollution plan 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 storm water pollution prevention plan 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 pollution prevention plan
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 1 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 submittal of
an NOI); and
(2) Provide a written description in the storm water pollution
prevention plan 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 pollution prevention plan
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 this permit 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
Today's general permit addresses storm water discharges from
industrial activities co-located at an industrial facility described in
the coverage section of the permit. Co-located industrial activities
occur when activities being conducted onsite meet more than one of the
descriptions in the coverage sections of Part XI. of this permit (e.g.,
a landfill at a wood treatment facility or a vehicle maintenance garage
at an asphalt batching plant). Co-located industrial activities are
authorized under today's general permit provided that the industrial
facility complies with the pollution prevention plan and monitoring
requirements for each co-located activity.
Authorizing co-located discharges allows industrial facilities to
develop pollution prevention plans that fully address all industrial
activities at the site. For example, if a wood treatment facility has a
landfill, the pollution prevention plan requirements for the wood
treatment facility will differ greatly from those needed for a
landfill. Therefore, by authorizing co-located industrial activities,
the wood treatment facility will develop a pollution prevention plan to
meet the requirements addressing the storm water discharges from the
wood treatment facility and the landfill. The facility is also subject
to applicable monitoring requirements for each type of industrial
activity as described in the applicable sections of the permit. By
[[Page 50814]]
monitoring the discharges from the different industrial activities, the
facility can better determine the effectiveness of the pollution
prevention plan requirements for controlling storm water discharges
from all activities.
C. Common Pollution Prevention Plan Requirements
All facilities intended to be covered by today's general permit for
storm water discharges associated with industrial activity must prepare
and implement a storm water pollution prevention plan. The storm water
permit addresses pollution prevention plan requirements for a number of
categories of industries. The following is a discussion of the common
permit requirements for all industries; special requirements for storm
water discharges associated with industrial activity through large and
medium municipal separate storm sewer systems; 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 permit. These
common requirements may be amended or further clarified in the
industry-specific pollution prevention plan requirements. Table 2
indicates the location of the industry-specific pollution prevention
plans. These industry-specific requirements are additive for facilities
where co-located industrial activities occur. For example, if a
facility has both a sand and gravel mining operation and a ready mix
concrete manufacturing operation, then that facility is subject to the
pollution prevention plan requirements in both Part XI.E.3. and Part
XI.J.3. of the permit.
Table 2.--Storm Water Pollution Prevention Plan Requirements
----------------------------------------------------------------------------------------------------------------
Fact sheet section describing Permit section describing PPP
Industrial activity PPP requirements requirements
----------------------------------------------------------------------------------------------------------------
Timber Products Facilities...................... VIII.A.7...................... XI.A.3.
Paper and Allied Products Manufacturing VIII.B.5...................... XI.B.3.
Facilities.
Chemical and Allied Products Manufacturing VIII.C.6...................... XI.C.4.
Facilities.
Asphalt Paving and Roofing Materials VIII.D.4...................... XI.D.3.
Manufacturers and Lubricant Manufacturers.
Glass, Clay, Cement, Concrete, and Gypsum VIII.E.5...................... XI.E.3.
Product Manufacturing Facilities.
Primary Metals Facilities....................... VIII.F.6...................... XI.F.3.
Metal Mining (Ore Mining and Dressing) VIII.G.5...................... XI.G.3.
Facilities.
Coal Mines and Coal Mining-Related Facilities... VIII.H.4...................... XI.H.3.
Oil and Gas Extraction Facilities............... VIII.I.5...................... XI.I.3.
Mineral Mining and Processing Facilities........ VIII.J.4...................... XI.J.3.
Hazardous Waste Treatment, Storage, or Disposal VIII.K.5...................... XI.K.3.
Facilities.
Landfills and Land Application Sites............ VIII.L.5...................... XI.L.3.
Automobile Salvage Yards........................ VIII.M.5...................... XI.M.2.
Scrap and Waste Recycling Facilities............ VIII.N.5...................... XI.N.3.
Steam Electric Power Generating Facilities, VIII.O.5...................... XI.O.3.
Including Coal Handling Areas.
Vehicle Maintenance or Equipment Cleaning Areas VIII.P.5...................... XI.P.3.
at Motor Freight Transportation Facilities,
Passenger Transportation Facilities, Petroleum
Bulk Oil Stations and Terminals, Rail
Transportation Facilities, and the United
States Postal Service Transportation Facilities.
Vehicle Maintenance Areas and/or Equipment VIII.Q.5...................... XI.Q.3.
Cleaning Operations at Water Transportation
Facilities.
Ship and Boat Building or Repairing Yards....... VIII.R.6...................... XI.R.3.
Vehicle Maintenance Areas, Equipment Cleaning VIII.S.4...................... XI.S.3.
Areas, or Deicing Areas Located at Air
Transportation Facilities.
Treatment Works................................. VIII.T.5...................... XI.T.3.
Food and Kindred Products Facilities............ VIII.U.4...................... XI.U.3.
Textile Mills, Apparel, and Other Fabric Product VIII.V.5...................... XI.V.3.
Manufacturing Facilities.
Wood and Metal Furniture and Fixture VIII.W.4...................... XI.W.3.
Manufacturing Facilities.
Printing and Publishing Facilities.............. VIII.X.5...................... XI.X.3.
Rubber, Miscellaneous Plastic Products, and VIII.Y.4...................... XI.Y.3.
Miscellaneous Manufacturing Industries.
Leather Tanning and Finishing Facilities........ VIII.Z.5...................... XI.Z.3.
Fabricated Metal Products Industry.............. VIII.AA.3..................... XI.AA.3.
Facilities That Manufacture Transportation VIII.AB.5..................... XI.AB.3.
Equipment, Industrial, or Commercial Machinery.
Facilities That Manufacture Electronic and VIII.AC.5..................... XI.AC.3.
Electrical Equipment and Components,
Photographic and Optical Goods.
----------------------------------------------------------------------------------------------------------------
The pollution prevention approach in today's general permit 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) to describe and
ensure implementation of practices to minimize and control pollutants
in storm water discharges associated with industrial activity from the
facility and to ensure compliance with the terms and conditions of this
permit.
The storm water pollution prevention plan requirements in the
general permit 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
[[Page 50815]]
storm water contamination and comply with the terms and conditions of
this permit. The authorization to include best management practices in
the permit to control or abate the discharge of pollutants is derived
from 40 CFR 144.45(k).
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 1979.6 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,7
as well as the techniques used to prevent and contain oil spills.8
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.
\6\ See ``Storm Water Management for Industrial Activities,''
EPA, September 1992, EPA-832-R-92-006.
\7\ 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 memorandum 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.
\8\ 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.
---------------------------------------------------------------------------
1. Pollution Prevention Team
As a first step in the process of developing and implementing a
storm water pollution prevention plan, 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 Potential Pollution Sources
Each storm water pollution prevention plan 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 storm water pollution prevention plan. 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 XI of the permit includes specific requirements for the
various industry sectors covered by today's permit. The storm water
pollution prevention plans generally must describe the following
elements:
a. Drainage. 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,9 surface water bodies
(including wetlands), places where significant materials 10 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 a
Notice of Intent (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.
\9\ Nonstructural features such as grass swales and vegetative
buffer strips also should be shown.
\10\ 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. Inventory of Exposed Materials. Facility operators are required
to
[[Page 50816]]
carefully conduct an inspection of the site and related records to
identify significant materials that are or may be exposed to storm
water. The inventory must address materials that within 3 years prior
to the date of the submission of a Notice of Intent (NOI) to be covered
under this permit have been handled, stored, processed, treated, or
disposed of in a manner to allow exposure to storm water. Findings of
the inventory must be documented in detail in the pollution prevention
plan. At a minimum, the plan must describe the method and location of
onsite storage or disposal; practices used to minimize contact of
materials with rainfall and runoff; existing structural and
nonstructural controls that reduce pollutants in runoff; and any
treatment the runoff receives before it is discharged to surface waters
or a separate storm sewer system. The description must be updated
whenever there is a significant change in the types or amounts of
materials, or material management practices, that may affect the
exposure of materials to storm water.
c. Significant Spills and Leaks. The plan must include a list of
any significant spills and leaks of toxic or hazardous pollutants that
occurred in the 3 years prior to the date of the submission of a Notice
of Intent (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 of Part XI.
of this permit.
d. Non-storm Water Discharges. Each pollution prevention plan 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.\11\
\11\ 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. Pollution prevention plans 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 XI. of the permit.
e. Sampling Data. 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.
f. Summary of Potential Pollutant Sources. 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.
3. Measures and Controls
Following completion of the source identification and assessment
phase, the permit requires the permittee to evaluate, select, and
describe the pollution prevention measures, best management practices
(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 pollution prevention plan 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 XI
[[Page 50817]]
of today's permit 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 pollution prevention
plan measures, EPA means to consider and implement best management
practices 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. 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.
b. 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.
c. 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.
d. 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 discussed in Section VIII. of this fact
sheet. 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.4. below for more
information on the comprehensive site evaluation.
e. Employee Training. The pollution prevention plan must describe a
program for informing personnel at all levels of responsibility of the
components and goals of the storm water pollution prevention plan. 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 XI. of today's permit
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.
f. Recordkeeping and Internal Reporting Procedures. The pollution
prevention plan must describe procedures for developing and retaining
records on the status and effectiveness of plan implementation. At a
minimum, records must address spills, monitoring, and inspection and
maintenance activities. The plan also must describe a system that
enables timely reporting of storm water management-related information
to appropriate plant personnel.
g. Sediment and Erosion Control. The pollution prevention plan 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.
h. 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.
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.
In selecting storm water management measures, it is important to
consider the potential effects of each method on other water resources,
such as ground water. Although storm water pollution prevention plans
primarily focus on storm water management, facilities must also
consider potential ground water pollution problems and take appropriate
steps to avoid adversely impacting ground water quality. For example,
if the water table is unusually high in an area, an infiltration pond
may contaminate a ground water source unless special preventive
measures are taken. Under EPA's July 1991 Ground Water Protection
Strategy, States are encouraged to develop Comprehensive State Ground
Water Protection Programs (CSGWPP). Efforts to control storm water
should be compatible with State ground water objectives as reflected in
CSGWPPs.
[[Page 50818]]
4. Comprehensive Site Compliance Evaluation
The permit requires that the storm water pollution prevention plan
describe the scope and content of the comprehensive site evaluations
that qualified personnel will conduct to (1) confirm the accuracy of
the description of potential pollution sources contained in the plan,
(2) determine the effectiveness of the plan, and (3) assess compliance
with the terms and conditions of the permit. Note that the
comprehensive site evaluations are not the same as periodic or other
inspections described for certain industries under Part VI.C.3.d of
this fact sheet. However, in the instances when frequencies of
inspections and the comprehensive site compliance evaluation overlap
they may be combined allowing for efficiency, as long as the
requirements for both types of inspections are met. The plan must
indicate the frequency of comprehensive evaluations which must be at
least once a year, except where comprehensive site evaluations are
shown in the plan to be impractical for inactive mining sites, due to
remote location and inaccessibility. 12 The individual or
individuals who will conduct the comprehensive site evaluation must be
identified in the plan and should be members of the pollution
prevention team. Material handling and storage areas and other
potential sources of pollution must be visually inspected for evidence
of actual or potential pollutant discharges to the drainage system.
Inspectors also must observe erosion controls and structural storm
water management devices to ensure that each is operating correctly.
Equipment needed to implement the pollution prevention plan, such as
that used during spill response activities, must be inspected to
confirm that it is in proper working order.
\12\ Where annual site inspections are shown in the plan to be
impractical for inactive mining sites, due to remote location and
inaccessibility, site inspections must be conducted at least once
every 3 years.
---------------------------------------------------------------------------
The results of each comprehensive site evaluation must be
documented in a report signed by an authorized company official. The
report must describe the scope of the comprehensive site evaluation,
the personnel making the comprehensive site evaluation, the date(s) of
the comprehensive site evaluation, and any major observations relating
to implementation of the storm water pollution prevention plan.
Comprehensive site evaluation reports must be retained for at least 3
years after the date of the evaluation. Based on the results of each
comprehensive site evaluation, the description in the plan of potential
pollution sources and measures and controls must be revised as
appropriate within 2 weeks after each comprehensive site evaluation,
unless indicated otherwise in Section XI of the permit. Changes in
procedural operations must be implemented on the site in a timely
manner for non-structural measures and controls not more than 12 weeks
after completion of the comprehensive site evaluation. Procedural
changes that require construction of structural measures and controls
are allowed up to 3 years for implementation. In both instances, an
extension may be requested from the Director.
D. Special Requirements
1. Special Requirements for Storm Water Discharges Associated With
Industrial Activity Through Large and Medium Municipal Separate Storm
Sewer Systems
Permittees that discharge storm water associated with industrial
activity through large or medium municipal separate storm sewer systems
13 are required to submit notification of the discharge to the
operator of the municipal separate storm sewer system. A list of these
systems is provided in Addendum D of today's notice.
\13\ Large and medium municipal separate storm sewer systems are
systems located in an incorporated city with a population of 100,000
or more, or in a county identified as having a large or medium
system (see 40 CFR 122.26(b) (4) and (7) and Appendices F through I
to Part 122). A list of these municipalities is provided in Addendum
D to today's notice.
---------------------------------------------------------------------------
Facilities covered by this permit must comply with applicable
requirements in municipal storm water management programs developed
under NPDES permits issued for the discharge of the municipal separate
storm sewer system that receives the facility's discharge, provided the
discharger has been notified of such conditions. In addition,
permittees that discharge storm water associated with industrial
activity through a large or medium municipal separate storm sewer
system must make their pollution prevention plans available to the
municipal operator of the system upon request by the municipal
operator.
2. Special Requirements for Storm Water Discharges Associated With
Industrial Activity From Facilities Subject to EPCRA Section 313
Requirements
Today's permit contains special requirements for certain permittees
subject to reporting requirements under Section 313 of the EPCRA (also
known as Title III of the Superfund Amendments and Reauthorization Act
(SARA)). EPCRA Section 313 requires operators of certain facilities
that manufacture (including import), process, or otherwise use listed
toxic chemicals to report annually their releases of those chemicals to
any environmental media. Listed toxic chemicals include more than 500
chemicals and chemical classes listed at 40 CFR Part 372 (including the
recently added chemicals published November 30, 1994).
The criteria for facilities that must report under Section 313 are
given at 40 CFR 372.22. A facility is subject to the annual reporting
provisions of Section 313 if it meets all three of the following
criteria for a calendar year: it is included in SIC codes 20 through
39; it has 10 or more full-time employees; and it manufactures
(including imports), processes, or otherwise uses a chemical listed in
40 CFR 372.65 in amounts greater than the ``threshold'' quantities
specified in 40 CFR 372.25.
There are more than 300 individually listed Section 313 chemicals,
as well as 20 categories of Toxic Release Inventory (TRI) chemicals for
which reporting is required. EPA has the authority to add to and delete
from this list. The Agency has identified approximately 175 chemicals
that it is classifying for the purposes of this general permit as
``Section 313 water priority chemicals.'' For the purposes of this
permit, Section 313 water priority chemicals are defined as chemicals
or chemical categories that (1) are listed at 40 CFR 372.65 pursuant to
EPCRA Section 313; (2) are manufactured, processed, or otherwise used
at or above threshold levels at a facility subject to EPCRA Section 313
reporting requirements; and (3) meet at least one of the following
criteria: (i) are listed in Appendix D of 40 CFR Part 122 on either
Table II (organic priority pollutants), Table III (certain metals,
cyanides, and phenols), or Table V (certain toxic pollutants and
hazardous substances); (ii) are listed as a hazardous substance
pursuant to Section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (iii)
are pollutants for which EPA has published acute or chronic toxicity
criteria. A list of the water priority chemicals is provided in
Addendum F to today's notice. In today's permit, EPA is not extending
the special requirements to facilities that store liquid chemicals in
above-ground tanks or handle liquid chemicals in areas exposed to
precipitation if such facilities are not subject to EPCRA Section 313
reporting requirements.
[[Page 50819]]
a. Summary of Special Requirements. The special requirements in
today's permit for facilities subject to reporting requirements under
EPCRA Section 313 for a water priority chemical, except those that are
handled and stored only in gaseous or non-soluble liquids or solids (at
atmospheric pressure and temperature) forms (see Part VI.D.2.c below),
state that storm water pollution prevention plans, in addition to the
baseline requirements for plans, must contain special provisions
addressing areas where Section 313 water priority chemicals are stored,
processed, or otherwise handled. These requirements reflect the Best
Available Technology for controlling discharges of water priority
chemicals in storm water. The permit provides that appropriate
containment, drainage control, and/or diversionary structures must be
provided for such areas. An exemption from the special provisions for
Section 313 facilities will be granted if the facility can certify in
the pollution prevention plan that all water priority chemicals handled
or used are gaseous or non-soluble liquids or solids (at atmospheric
pressure and temperature). At a minimum, one of the following
preventive systems or its equivalent must be used: curbing, culverting,
gutters, sewers, or other forms of drainage control to prevent or
minimize the potential for storm water runon to come into contact with
significant sources of pollutants; or roofs, covers, or other forms of
appropriate protection to prevent storage piles from exposure to storm
water and wind.
In addition, the permit establishes requirements for priority areas
of the facility. Priority areas of the facility include the following:
liquid storage areas where storm water comes into contact with any
equipment, tank, container, or other vessel used for Section 313 water
priority chemicals; material storage areas for Section 313 water
priority chemicals other than liquids; truck and rail car loading and
unloading areas for liquid Section 313 water priority chemicals; and
areas where Section 313 water priority chemicals are transferred,
processed, or otherwise handled.
The permit provides that site runoff from other industrial areas of
the facility that may contain Section 313 water priority chemicals or
spills of Section 313 water priority chemicals must incorporate the
necessary drainage or other control features to prevent the discharge
of spilled or improperly disposed material and to ensure the mitigation
of pollutants in runoff or leachate. The permit also establishes
special requirements for preventive maintenance and good housekeeping,
facility security, and employee training.
In the proposed permit, EPA proposed to require facilities subject
to EPCRA Section 313 requirements to have a Registered Professional
Engineer (PE) certify their pollution prevention plans every 3 years.
However, in response to commentors' concerns, EPA has revised the
permit to eliminate the PE certification requirement. Instead, the
permit now requires facilities subject to the special requirements to
satisfy the pollution prevention plan signature requirements in Part
IV.B.1. of the permit. EPA agrees with commentors that the operator is
the most appropriate person to perform the certification. In addition,
instead of certifying the plan every 3 years, facilities subject to
EPCRA Section 313 requirements must amend the pollution prevention plan
only when significant modifications are made to the facility, such as
the addition of material handling areas or chemical storage units.
b. Requirements for Priority Areas. The permit provides that
drainage from priority areas should be restrained by valves or other
positive means to prevent the discharge of a spill or other excessive
leakage of Section 313 water priority chemicals. Where containment
units are employed, such units may be emptied by pumps or ejectors;
however, these must be manually activated. Flapper-type drain valves
must not be used to drain containment areas, as these will not
effectively control spills. Valves used for the drainage of containment
areas should, as far as is practical, be of manual, open-and-closed
design. If facility drainage does not meet these requirements, the
final discharge conveyance of all in-facility storm sewers must be
equipped to be equivalent with a diversion system that could, in the
event of an uncontrolled spill of Section 313 water priority chemicals,
return the spilled material or contaminated storm water to the
facility. Records must be kept of the frequency and estimated volume
(in gallons) of discharges from containment areas.
Additional special requirements are related to the types of
industrial activities that occur within the priority area. These
requirements are summarized below:
(1) Liquid Storage Areas. Where storm water comes into contact with
any equipment, tank, container, or other vessel used for Section 313
water priority chemicals, the material and construction of tanks or
containers used for the storage of a Section 313 water priority
chemical must be compatible with the material stored and conditions of
storage, such as pressure and temperature. Liquid storage areas for
Section 313 water priority chemicals must be operated to minimize
discharges of Section 313 chemicals. Appropriate measures to minimize
discharges of Section 313 chemicals may include secondary containment
provided for at least the entire contents of the largest single tank
plus sufficient freeboard to allow for precipitation, a strong spill
contingency and integrity testing plan, and/or other equivalent
measures. A strong spill contingency plan would typically contain, at a
minimum, a description of response plans, personnel needs, and methods
of mechanical containment (such as use of sorbents, booms, collection
devices, etc.), steps to taken for removal of spill chemicals or
materials, and procedures to ensure access to and availability of
sorbents and other equipment. The testing component of the plan would
provide for conducting integrity testing of storage tanks at set
intervals such as once every 5 years, and conducting integrity and leak
testing of valves and piping at a minimum frequency, such as once per
year. In addition, a strong plan would include a written and actual
commitment of manpower, equipment and materials required to comply with
the permit and to expeditiously control and remove any quantity of
spilled or leaked chemicals that may result in a toxic discharge.
(2) Other Material Storage Areas. Material storage areas for
Section 313 water priority chemicals other than liquids that are
subject to runoff, leaching, or wind must incorporate drainage or other
control features to minimize the discharge of Section 313 water
priority chemicals by reducing storm water contact with Section 313
water priority chemicals.
(3) Truck and Rail Car Loading and Unloading Areas. Truck and rail
car loading and unloading areas for liquid Section 313 water priority
chemicals must be operated to minimize discharges of Section 313 water
priority chemicals. Appropriate measures to minimize discharges of
Section 313 chemicals may include the placement and maintenance of drip
pans (including the proper disposal of materials collected in the drip
pans) where spillage may occur (such as hose connections, hose reels,
and filler nozzles) when making and breaking hose connections; a strong
spill contingency and integrity testing plan; and/or other equivalent
measures.
(4) Other Transfer, Process, or Handling Areas. Processing
equipment and materials handling equipment must be operated to minimize
discharges of Section 313 water priority chemicals.
[[Page 50820]]
Materials used in piping and equipment must be compatible with the
substances handled. Drainage from process and materials handling areas
must minimize storm water contact with Section 313 water priority
chemicals. Additional protection such as covers or guards to prevent
exposure to wind, spraying or releases from pressure relief vents to
prevent a discharge of Section 313 water priority chemicals to the
drainage system, and overhangs or door skirts to enclose trailer ends
at truck loading/unloading docks must be provided as appropriate.
Visual inspections or leak tests must be provided for overhead piping
conveying Section 313 water priority chemicals without secondary
containment.
c. Today's permit allows facilities to provide a certification,
signed in accordance with Part VII.G. (signatory requirements) of this
permit, that all Section 313 water priority chemicals handled and/or
stored onsite are only in gaseous or non-soluble liquid or solid (at
atmospheric pressure and temperature) forms in lieu of the additional
requirements in Part VI.E.2 of today's permit. By allowing such a
certification, EPA hopes to limit the application of the special
requirements Part IV.E.2. of the permit to those facilities with 313
water priority chemicals that truly have the potential to contaminate
storm water discharges associated with industrial activity.
3. Special Requirements for Storm Water Discharges Associated With
Industrial Activity From Salt Storage Facilities
Today's general permit contains special requirements for storm
water discharges associated with industrial activity from salt storage
facilities. Storage piles of salt used for deicing or other commercial
or industrial purposes must be enclosed or covered to prevent exposure
to precipitation, except for exposure resulting from adding or removing
materials from the pile. This requirement only applies to runoff from
storage piles discharged to waters of the United States. Facilities
that collect all of the runoff from their salt piles and reuse it in
their processes or discharge it subject to a separate NPDES permit do
not need to enclose or cover their piles. Permittees must comply with
this requirement as expeditiously as practicable, but in no event later
than 3 years from the date of permit issuance.
These special requirements have been included in today's permit
based on human health and aquatic effects resulting from storm water
runoff from salt storage piles compounded with the prevalence of salt
storage piles across the United States.
4. Consistency With Other Plans
Storm water pollution prevention plans may reference the existence
of other plans for Spill Prevention Control and Countermeasure (SPCC)
plans developed for the facility under Section 311 of the CWA or Best
Management Practices (BMP) Programs otherwise required by an NPDES
permit for the facility as long as such requirement is incorporated
into the storm water pollution prevention plan.
E. Monitoring and Reporting Requirements
The permit contains three general types of monitoring requirements:
analytical monitoring or chemical monitoring; compliance monitoring for
effluent guidelines compliance, and visual examinations of storm water
discharges. This section provides a general description of each of
these types of monitoring. Actual monitoring requirements for a given
facility under the permit will vary depending upon the industrial
activities that occur at a facility and the criteria for determining
monitoring used to develop the permit. Table 3 lists the sections of
the permit and of this fact sheet that describe the monitoring
requirements as they apply to the specific industrial activities
eligible for coverage under the permit. These are minimum monitoring
requirements and if a permittee so chooses, he may conduct additional
sampling to acquire more data to improve the statistical validity of
the results. Through increased analytical or visual monitoring the
permittee may be able to better ascertain the effectiveness of their
pollution prevention plan.
Analytical monitoring requirements involve laboratory chemical
analyses of samples collected by the permittee. The results of the
analytical monitoring are quantitative concentration values for
different pollutants, which can be easily compared to the results from
other sampling events, other facilities, or to National benchmarks.
Section VI.E.1. describes the analytical monitoring requirements and
the process and criteria by which an industry sector or subsector was
selected for analytical monitoring. Compliance monitoring requirements
are imposed under today's permit to insure that discharges subject to
numerical effluent limitations under the storm water effluent
limitations guidelines are in compliance with those limitations. The
compliance monitoring requirements are explained in Section VI.E.2.
Visual examinations of storm water discharges are the least
burdensome type of monitoring requirement under the permit. Almost all
of the industrial activities are required to perform visual
examinations of their storm water discharges when they are occurring on
a quarterly basis. Visual examinations are described in Section VI.E.8.
Table 3.--Storm Water Monitoring Requirements
------------------------------------------------------------------------
Permit
Section of fact sheet section
Industrial activity describing monitoring describing
requirements monitoring
requirements
------------------------------------------------------------------------
Timber Products Facilities*.... VIII.A.8 XI.A.5.
Paper and Allied Products VIII.B.7 XI.B.5.
Manufacturing Facilities*.
Chemical and Allied Products VIII.C.8 XI.C.5.
Manufacturing Facilities*.
Asphalt Paving and Roofing VIII.D.5 XI.D.5.
Materials Manufacturers and
Lubricant Manufacturers*.
Glass, Clay, Cement, Concrete, VIII.E.7 XI.E.5.
and Gypsum Product
Manufacturing Facilities*.
Primary Metals Facilities*..... VIII.F.7 XI.F.5.
Metal Mining (Ore Mining and VIII.G.8 XI.G.5.
Dressing) Facilities*.
Coal Mines and Coal Mining- VIII.H.6 XI.H.5.
Related Facilities*.
Oil and Gas Extraction VIII.I.7 XI.I.5.
Facilities*.
Mineral Mining and Processing VIII.J.6 XI.J.5.
Facilities*.
Hazardous Waste Treatment, VIII.K.7 XI.K.5.
Storage, or Disposal
Facilities*.
Landfills and Land Application VIII.L.6 XI.L.5.
Sites*.
[[Page 50821]]
Automobile Salvage Yards*...... VIII.M.6 XI.M.5.
Scrap and Waste Recycling VIII.N.6 XI.N.5.
Facilities*.
Steam Electric Power Generating VIII.O.6 XI.O.5.
Facilities, Including Coal
Handling Areas*.
Vehicle Maintenance or VIII.P.6 XI.P.5
Equipment Cleaning Areas at
Motor Freight Transportation
Facilities, Passenger
Transportation Facilities,
Petroleum Bulk Oil Stations
and Terminals, Rail
Transportation Facilities, and
the United States Postal
Service Transportation
Facilities.
Vehicle Maintenance Areas and/ VIII.Q.6 XI.Q.5.
or Equipment Cleaning
Operations at Water
Transportation Facilities*.
Ship and Boat Building or VIII.R.6 XI.R.5.
Repairing Yards.
Vehicle Maintenance Areas, VIII.S.6 XI.S.5.
Equipment Cleaning Areas, or
Deicing Areas Located at Air
Transportation Facilities*.
Treatment Works*............... VIII.T.6 XI.T.5.
Food and Kindred Products VIII.U.5 XI.U.5.
Facilities*.
Textile Mills, Apparel, and VIII.V.6 XI.V.5.
Other Fabric Product
Manufacturing Facilities*.
Wood and Metal Furniture and VIII.W.5 XI.W.5.
Fixture Manufacturing
Facilities.
Printing and Publishing VIII.X.7 XI.X.5.
Facilities.
Rubber, Miscellaneous Plastic VIII.Y.7 XI.Y.5.
Products, and Miscellaneous
Manufacturing Industries*.
Leather Tanning and Finishing VIII.Z.7 XI.Z.5.
Facilities.
Fabricated Metal Products VIII.AA.7 XI.AA.5.
Industry*.
Facilities That Manufacture VIII.AB.7 XI.AB.5.
Transportation Equipment,
Industrial, or Commercial
Machinery.
Facilities That Manufacture VIII.AC.7 XI.AC.5.
Electronic and Electrical
Equipment and Components,
Photographic and Optical Goods.
------------------------------------------------------------------------
* Denotes a sector that contains analytical monitoring requirements for
an entire sector or a subsector.
1. Analytical Monitoring Requirements.
Today's permit requires analytical monitoring for discharges from
certain classes of industrial facilities. EPA believes that industries
may reduce the level of pollutants in storm water runoff from their
sites through the development and proper implementation of a storm
water pollution prevention plan discussed in today's permit. Analytical
monitoring is a means by which to measure the concentration of a
pollutant in a storm water discharge. Analytical results are
quantitative and therefore can be used to compare results from
discharge to discharge and to quantify the improvement in storm water
quality attributable to the storm water pollution prevention plan, or
to identify a pollutant that is not being successfully controlled by
the plan. EPA realizes there are greater cost burdens associated with
analytical monitoring in comparison to visual examinations. Today's
permit only requires analytical monitoring for the industry sectors or
subsectors that demonstrated a potential to discharge pollutants at
concentrations of concern.
To determine the industry sectors and subsectors that would be
subject to analytical monitoring requirements contained in the sections
listed in Table 3, EPA reviewed the data submitted in the group
application process. First, EPA divided the Part 1 and Part 2
application data by the industry sectors listed in Table 3. Where a
sector was found to contain a wide range of industrial activities or
potential pollutant sources, it was further subdivided into the
industry subsectors listed in Table 4. Next, EPA reviewed the
information submitted in Part 1 of the group applications regarding the
industrial activities, significant materials exposed to storm water,
and the material management measures employed. This information helped
identify potential pollutants that may be present in the storm water
discharges. Then, EPA entered into a database, the sampling data
submitted in Part 2 of the group applications. That data was arrayed
according to industrial sector and subsector for the purposes of
determining when analytical monitoring would be appropriate. Data
received by EPA prior to January 1, 1993 (three months after the
application deadline) were entered into EPA's database. Some additional
data that was submitted even after January 1, 1993 was also entered
into the database to bolster the data set for some sectors or
subsectors (e.g., the auto salvage industry). All data submitted even
later by group applicants which was not loaded into the database was
reviewed by EPA during development of the permit. EPA notes that
preliminary copies of the database were distributed to the public upon
request in advance of a complete screening of the quality of the data
set. These copies of the database contained a variety of errors that
were screened and removed prior to EPA statistical analysis and
evaluation of the results. The results of the statistical analyses are
presented in the appropriate section of the fact sheet referenced in
Table 3.
Table 4.--Sector/Subsector Division of Group Applicants for Analyses of Sampling Data
----------------------------------------------------------------------------------------------------------------
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.
[[Page 50822]]
2429 Special Product Sawmills, Not Elsewhere Classified.
243X Millwork, Veneer, Plywood, and Structural Wood.
244X Wood Containers.
245X Wood Buildings and Mobile Homes.
2493 Reconstituted Wood Products.
2499 Wood Products, Not Elsewhere Classified.
----------------------------------------------------------------------------------------------------------------
Sector B. Paper and Allied Products Manufacturing
----------------------------------------------------------------------------------------------------------------
1................... 261X Pulp Mills.
2................... 262X Paper Mills.
3*.................. 263X Paperboard Mills.
4................... 265X Paperboard Containers and Boxes.
5................... 267X Converted Paper and Paperboard Products, Except Containers and
Boxes.
----------------------------------------------------------------------------------------------------------------
Sector C. Chemical and Allied Products Manufacturing.
----------------------------------------------------------------------------------------------------------------
1*.................. 281X Industrial Inorganic Chemicals.
2*.................. 282X Plastics Materials and Synthetic Resins, Synthetic Rubber,
Cellulosic and Other Manmade Fibers Except Glass.
3................... 283X Drugs.
4*.................. 284X Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics,
and Other Toilet Preparations.
5................... 285X Paints, Varnishes, Lacquers, Enamels, and Allied Products.
6................... 286X Industrial Organic Chemicals.
7*.................. 287X Agricultural Chemicals.
8................... 289X Miscellaneous Chemical Products.
----------------------------------------------------------------------------------------------------------------
Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers
----------------------------------------------------------------------------------------------------------------
1*.................. 295X Asphalt Paving and Roofing Materials.
2................... 299X Miscellaneous Products of Petroleum and Coal.
----------------------------------------------------------------------------------------------------------------
Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
----------------------------------------------------------------------------------------------------------------
1................... 321X Flat Glass.
322X Glass and Glassware, Pressed or Blown.
323X Glass Products Made of Purchased Glass.
2................... 324X Hydraulic Cement.
3*.................. 325X Structural Clay Products.
326X Pottery and Related Products.
3297 Non-Clay Refractories.
4*.................. 327X Concrete, Gypsum and Plaster Products.
3295 Minerals and Earth's, Ground, or Otherwise Treated.
----------------------------------------------------------------------------------------------------------------
Sector F. Primary Metals
----------------------------------------------------------------------------------------------------------------
1*.................. 331X Steel Works, Blast Furnaces, and Rolling and Finishing Mills.
2*.................. 332X Iron and Steel Foundries.
3................... 333X Primary Smelting and Refining of Nonferrous Metals.
4................... 334X Secondary Smelting and Refining of Nonferrous Metals.
5*.................. 335X Rolling, Drawing, and Extruding of Nonferrous Metals.
6*.................. 336X Nonferrous Foundries (Castings).
7................... 339X Miscellaneous Primary Metal Products.
----------------------------------------------------------------------------------------------------------------
Sector G. Metal Mining (Ore Mining and Dressing)
----------------------------------------------------------------------------------------------------------------
1................... 101X Iron Ores.
2*.................. 102X Copper Ores.
3................... 103X Lead and Zinc Ores.
4................... 104X Gold and Silver Ores.
5................... 106X Ferroalloy Ores, Except Vanadium.
6................... 108X Metal Mining Services.
7................... 109X Miscellaneous Metal Ores.
----------------------------------------------------------------------------------------------------------------
Sector H. Coal Mines and Coal Mining-Related Facilities
----------------------------------------------------------------------------------------------------------------
NA*................. 12XX Coal Mines and Coal Mining-Related Facilities.
----------------------------------------------------------------------------------------------------------------
[[Page 50823]]
Sector I. Oil and Gas Extraction
----------------------------------------------------------------------------------------------------------------
1*.................. 131X Crude Petroleum and Natural Gas.
2................... 132X Natural Gas Liquids.
3*.................. 138X Oil and Gas Field Services.
----------------------------------------------------------------------------------------------------------------
Sector J. Mineral Mining and Dressing
----------------------------------------------------------------------------------------------------------------
1*.................. 141X Dimension Stone.
142X Crushed and Broken Stone, Including Rip Rap.
148X Nonmetallic Minerals, Except Fuels.
2*.................. 144X Sand and Gravel.
3................... 145X Clay, Ceramic, and Refractory Materials.
4................... 147X Chemical and Fertilizer Mineral Mining.
----------------------------------------------------------------------------------------------------------------
Sector K. Hazardous Waste Treatment Storage or Disposal Facilities
----------------------------------------------------------------------------------------------------------------
NA*................. NA Hazardous Waste Treatment Storage or Disposal.
----------------------------------------------------------------------------------------------------------------
Sector L. Landfills and Land Application Sites
----------------------------------------------------------------------------------------------------------------
NA*................. NA Landfills and Land Application Sites.
----------------------------------------------------------------------------------------------------------------
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*................. NA Steam Electric Generating Facilities.
----------------------------------------------------------------------------------------------------------------
Sector P. Land Transportation
----------------------------------------------------------------------------------------------------------------
1................... 40XX Railroad Transportation.
2................... 41XX Local and Highway Passenger Transportation.
3................... 42XX Motor Freight Transportation and Warehousing.
4................... 43XX United States Postal Service.
5................... 5171 Petroleum Bulk Stations and Terminals.
----------------------------------------------------------------------------------------------------------------
Sector Q. Water Transportation
----------------------------------------------------------------------------------------------------------------
NA*................. 44XX Water Transportation.
----------------------------------------------------------------------------------------------------------------
Sector R. Ship and Boat Building or Repairing Yards
----------------------------------------------------------------------------------------------------------------
NA.................. 373X Ship and Boat Building or Repairing Yards.
----------------------------------------------------------------------------------------------------------------
Sector S. Air Transportation Facilities
----------------------------------------------------------------------------------------------------------------
NA*................. 45XX Air Transportation Facilities.
----------------------------------------------------------------------------------------------------------------
Sector T. Treatment Works
----------------------------------------------------------------------------------------------------------------
NA*................. NA Treatment Works.
----------------------------------------------------------------------------------------------------------------
Sector U. Food and Kindred Products
----------------------------------------------------------------------------------------------------------------
1................... 201X Meat Products.
2................... 202X Dairy Products.
3................... 203X Canned, Frozen and Preserved Fruits, Vegetables and Food
Specialties.
4*.................. 204X Grain Mill Products.
[[Page 50824]]
5................... 205X Bakery Products.
6................... 206X Sugar and Confectionery Products.
7*.................. 207X Fats and Oils.
8................... 208X Beverages.
9................... 209X Miscellaneous Food Preparations and Kindred Products.
----------------------------------------------------------------------------------------------------------------
Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing
----------------------------------------------------------------------------------------------------------------
1................... 22XX Textile Mill Products.
2................... 23XX Apparel and Other Finished Products Made From Fabrics and Similar
Materials.
----------------------------------------------------------------------------------------------------------------
Sector W. Furniture and Fixtures
----------------------------------------------------------------------------------------------------------------
NA.................. 25XX Furniture and Fixtures.
2434 Wood Kitchen Cabinets.
----------------------------------------------------------------------------------------------------------------
Sector X. Printing and Publishing
----------------------------------------------------------------------------------------------------------------
NA.................. 27XX Printing and Publishing.
----------------------------------------------------------------------------------------------------------------
Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
----------------------------------------------------------------------------------------------------------------
1*.................. 301X Tires and Inner Tubes.
302X Rubber and Plastics Footwear.
305X Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose
and Belting.
306X Fabricated Rubber Products, Not Elsewhere Classified.
2................... 308X Miscellaneous Plastics Products.
393X Musical Instruments.
394X Dolls, Toys, Games and Sporting and Athletic Goods.
395X Pens, Pencils, and Other Artists' Materials.
396X Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous
Notions, Except Precious Metal.
399X Miscellaneous Manufacturing Industries.
----------------------------------------------------------------------------------------------------------------
Sector Z. Leather Tanning and Finishing
----------------------------------------------------------------------------------------------------------------
NA.................. 311X Leather Tanning and Finishing.
----------------------------------------------------------------------------------------------------------------
Sector AA. Fabricated Metal Products
----------------------------------------------------------------------------------------------------------------
1*.................. 342X Cutlery, Handtools, and General Hardware.
344X Fabricated Structural Metal Products.
345X Screw Machine Products, and Bolts, Nuts, Screws, Rivets, and Washer.
346X Metal Forgings and Stampings.
3471 Electroplating, Plating, Polishing, Anodizing, and Coloring.
349X Miscellaneous Fabricated Metal Products.
391X Jewelry, Silverware, and Plated Ware.
2*.................. 3479 Coating, Engraving, and Allied Services.
----------------------------------------------------------------------------------------------------------------
Sector AB. Transportation Equipment, Industrial or Commercial Machinery
----------------------------------------------------------------------------------------------------------------
NA.................. 35XX Industrial and Commercial Machinery.
----------------------------------------------------------------------------------------------------------------
Sector AC. Electronic, Electrical, Photographic and Optical Goods
----------------------------------------------------------------------------------------------------------------
NA.................. 36XX Electronic, Electrical.
38XX Measuring, Analyzing and Controlling Instrument; Photographic and
Optical Goods.
----------------------------------------------------------------------------------------------------------------
* Denotes subsector with analytical (chemical) monitoring requirements.
NA indicated those industry sectors in which subdivision into subsectors was determined to be not applicable.
To conduct a comparison of the results of the statistical analyses
to determine when analytical monitoring would be required, EPA
established ``benchmark'' concentrations for the pollutant parameters
on which monitoring results had been received. The ``benchmarks'' are
the pollutant concentrations above which EPA determined represents a
level of concern. The level of concern is a concentration at which a
storm water discharge could potentially impair, or contribute to
impairing water quality or affect human health from ingestion of
[[Page 50825]]
water or fish. The benchmarks are also viewed by EPA as a level, that
if below, a facility represents little potential for water quality
concern. As such, the benchmarks also provide an appropriate level to
determine whether a facility's storm water pollution prevention
measures are successfully implemented. The benchmark concentrations are
not effluent limitations and should not be interpreted or adopted as
such. These values are merely levels which EPA has used to determine if
a storm water discharge from any given facility merits further
monitoring to insure that the facility has been successful in
implementing a storm water pollution prevention plan. As such these
levels represent a target concentration for a facility to achieve
through implementation of pollution prevention measures at the
facility. Table 5 lists the parameter benchmark values.
As can be seen in Table 5, benchmark concentrations were determined
based upon a number of existing standards or other sources to represent
a level above which water quality concerns could arise. EPA has also
sought to develop values which can realistically be measured and
achieved by industrial facilities. Moreover, storm water discharges
with pollutant concentrations occurring below these levels would not
warrant further analytical monitoring due to their de minimis potential
effect on water quality.
The primary source of benchmark concentrations is EPA's National
Water Quality Criteria, published in 1986 (often referred to as the
``Gold Book''). For the majority of the benchmarks, EPA chose to use
the acute aquatic life, fresh water ambient water quality criteria.
These criteria represent maximum concentration values for a pollutant,
above which, could cause acute effects on aquatic life such as
mortality in a short period of time. Where acute criteria values were
not available, EPA used the lowest observed effect level (LOEL) acute
fresh water value. The LOEL values represent the lowest concentration
of a pollutant that results in an adverse effect over a short period of
time. These two acute freshwater values were selected as benchmark
concentrations if the value was not below the approved method detection
limit as listed in 40 CFR Part 136 and the value was not substantially
above the concentration which EPA believes a facility can attain
through the implementation of a storm water pollution prevention plan.
These acute freshwater values best represent, on a national basis, the
highest concentrations at which typical fresh water species can survive
exposures of pollutants for short durations (i.e., a storm discharge
event).
Acute freshwater criteria do not exist for a number of parameters
on which EPA received data. For these parameters, EPA selected
benchmark values from several other references. The benchmark
concentrations for five day biochemical oxygen demand (BOD5) and
for pH are determined based upon the secondary wastewater treatment
regulations (40 CFR 133.102). EPA believes that the BOD5 value of
30 mg/L is a reasonable concentration below which adverse effects in
receiving waters under wet weather flow conditions should not occur.
EPA also believes, that given group application data on BOD5, this
value should be readily achievable by industrial storm water
dischargers. The benchmark value for pH is a range of 6.0-9.0 standard
units. EPA believes this level, given the group application data, is
reasonably achievable by industrial storm water dischargers and
represents and acceptable range within which aquatic life impacts will
not occur. The benchmark concentration for chemical oxygen demand (COD)
is based upon the State of North Carolina benchmark values for storm
water discharges, and is a factor of four times the BOD5 benchmark
concentration. EPA has concluded that COD is generally discharged in
domestic wastewater at four times the concentration of BOD5
without causing adverse impacts on aquatic life. EPA selected the
median concentration from the National Urban Runoff Program as the
benchmark for total suspended solids (TSS) and for nitrate plus nitrite
as nitrogen. EPA believes the median concentration, which is the mid-
point concentration (half the samples are above this level and half are
below) represents concentration above which water quality concerns may
result. For TSS a value of 100mg/L is similar to the storm water
benchmark used by North Carolina for storm water permits, and given the
group application data, should be readily achievable by industry with
implementation of BMPs, many of which are designed for the purpose of
controlling TSS. EPA also believes, given the group application data,
that there is a relationship between TSS and the amount of exposed
industrial activity and that industrial activities even in arid western
States should be able to implement BMPs that will accomplish this
benchmark. EPA selected the storm water effluent limitation guideline
for petroleum refining facilities as the benchmark for oil and grease.
Given the lack of an acute criteria, EPA selected the chronic fresh
water quality criteria as the benchmark for iron. Water quality
criteria for waterbodies in the State of North Carolina were used to
determine benchmarks for total phosphorus and for fluoride. The
concentration value for phosphorus was designed to prevent
eutrophication of fresh waterbodies from storm water runoff. The
fluoride value was designed by North Carolina to be protective of water
quality, as was the manganese value developed by Colorado. EPA believes
that each of these benchmark values represent a reasonable level below
which water quality impacts should not occur and they therefore
represent a useful level to assess whether a pollution prevention plan
is controlling pollution in storm water discharges.
For several other parameters, EPA chose a benchmark value base on a
numerical adjustment of the acute fresh water quality criteria. Where
the acute water quality criteria was below the method detection level
for a pollutant, EPA used the ``minimum level'' (ML) as the benchmark
concentration to ensure that the benchmark levels could be measured by
permittees. For a few pollutants minimum levels have been published and
these were used. For other pollutants, minimum levels need to be
calculated. EPA calculated the minimum levels using the methodology
described in the draft ``National Guidance for the Permitting,
Monitoring, and Enforcement of Water Quality-based Effluent Limitations
Set Below Analytical Detection/Quantitation Levels'' (Michael Cook,
OWEC, March 18, 1994).
Additionally, several organic compounds (ethylbenzene,
fluoranthene, toluene, and trichloroethylene) have acute fresh water
quality criteria at substantially high concentrations, much higher than
criteria developed for the protection of human health when ingesting
water or fish. In addition, trichloroethylene is a human carcinogen.
Therefore, EPA selected the human health criteria as benchmarks for
these parameters. For dimethyl phthalate and total phenols, EPA
selected benchmark concentrations based upon existing discharge
limitations and compliance data (no industry had median concentrations
above the selected benchmark for these parameters and therefore no
industry sector is required to monitor for these two pollutants).
EPA conducted statistical analyses of the group Part 2 data for
each parameter within every industry sector or subsector listed in
Table 5. The
[[Page 50826]]
pollutants, benchmark values, and source of the benchmark values are
indicated below in Table 5.
Table 5.--Parameter Benchmark Values
------------------------------------------------------------------------
Parameter name Benchmark level Sou
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.