# Final National Pollutant Discharge Elimination System Storm Water Multi-Sector General Permit for Industrial Activities > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A95-23257 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** September 29, 1995 - **Citation:** 60 FR 50804 ## 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 Ass [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-23257. Public record. Not legal advice.